K. A. SWAMI, J. ( 1 ) IN this petition under Article 226 of the Constitution, the petitioner has sought for quashing the meeting notice dated 31st October, 1985 issued by the 3rd respondent for the purpose of holding election to the office of President and Vice-President of the Managing Committee of the 3rd respondent-Bank. The petitioner is one of the elected directors of the 3rd respondent = Bank. So also the 4th respondent. ( 2 ) THE case of the petitioner is that the 4th respondent has been the member of the Bangalore north Taluk Primary Co-operative Agricultural and Rural Development Bank Ltd. , Bangalore for the last several years. He also became the member of the 3rd respondent-Bank on 30th march, 1984 and thereafter has been elected to the Board of Directors of the 3rd respondent-Bank. Of course, in the Writ Petition, as to when the 4th respondent became the member of the Bangalore North Taluk Primary co-operative Agricultural and Rural development Bank Ltd. and the 3rd respondent Bank, has not been stated; but the aforesaid facts are given by Sri Brahmarayappa, learned Counsel for the petitioner, during the course of arguments. The contention based on the aforesaid facts is that having regard to the provisions contained in Section 17 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the 'act') the petitioner has ceased to be a member of the 3rd respondent-Bank; consequently he has ceased to be a Director also. Therefore, he is not entitled to participate in the meeting which is scheduled to take place on 18-11-1985 for electing the President and the vice-President of the Board of Directors of the 3rd respondent-Bank. Section 17 of the Act, reads thus : "17. Disqualification for membership.-- (1) No person shall be eligible for admission as a member of a co-operative society, if he, (a) has applied to be adjudicated an insolvent or is an undischarged insolvent ; or (b) has been sentenced for any offence, other than an offence of a political character or an offence not involving moral turpitude, such sentence not having been reversed or the offence pardoned and a period of, five years not elapsed from date of expiry of the sentence.
(c) carries on business of the kind carried on by such co-operative society ; (d) is already a member of a co-operative society carrying on business of the same kind as itself ; (2) If a member becomes subject to any of the disqualifications specified in Clauses (a) to (c) of sub-section (1), he shall be deemed to have ceased to be a member from the date when the disqualification was incurred. (3) Where on the date of the commencement of the Karnataka Co-operative Societies (Third amendment) Act, 1976, a person is a member of more than one co-operative society, carrying on business of the same kind, then unless he resigns his membership in all but one of such co-operative societies within a period of sixty days from the date of commencement of the said act he shall, on the expiration of the said period cease to be a member of all such co-operative societies. " a reading of the aforesaid Section, especially the opening words of Sub-section (1), read with clause (d) thereof, makes it clear that there is a bar foradmission of a person as a member of a co-operative society if he is already a member of another co-operative society carrying on business of the same kind as the co-operative society whose membership is sought for. Sub-section (3) of Section 17 of the Act, is applicable to a person who was a member of more than one co-operative society carrying on business of the same kind on the date of corning into force of the Karnataka Act No. 71 of 1976 and such member was required to choose membership of any one of such co-operative societies within a period of sixty days from the date of commencement of the Karnataka Act No. 71 of 1976, failing which he would lose the membership of all such co-operative societies. In the instant case, even as per the case pleaded by the petitioner, the 4th respondent was not a member of two co-operative societies at the time when Karnataka Act No. 71 of 1976 came into force.
In the instant case, even as per the case pleaded by the petitioner, the 4th respondent was not a member of two co-operative societies at the time when Karnataka Act No. 71 of 1976 came into force. He was, according to the case of the petitioner, at the time Karnataka Act No. 71 of 1976 came into force, only a member of the bangalore North Taluk Primary Co-operative Agricultural and Rural Development Bank Ltd. Thus, Sub-section (3) of Section 17 of the Act, is not applicable to the case on hand. ( 3 ) AS far as Sub-section (2) of Section 17 of the Act, is concerned, it does not cover the disqualification referable to Clause (d) of Sub-section (1) of Section 17 of the Act. Sub section (2) thereof, provides that if a member becomes subject to any of the disqualifications "specified in Clauses (a) to (t) of Sub-section (1), he shall be deemed to have ceased to be a member from the date when the disqualification was incurred. That being so, if at all the facts as pleaded by the petitioner are accepted as true, it is a case for enquiring into as to whether the 4th Respondent has been admitted validly as a member of the 3rd Respondent-Bank. That question has to be raised in an appropriate proceeding in accordance with law. Hence, it is neither appropriate nor just to decide that question in a Petition under Article 226 of the Constitution. Therefore, I decline to entertain this Writ Petition. Keeping open all the other contentions, the Writ Petition is dismissed.