AIR 1988 KARNATAKA 243 ::(1988) 24 CoopLJ 101 ::(1988) 1 Kant LJ 152

Karnataka High Court

Hon'ble Judge(s): R. G. Desai , J

Karnataka Co-operative Societies Act (11 of 1959) , S.12(2)— Karnataka Co-operative Societies Rules (1960) , R.6— Amendment of bye-laws - Procedure - Precise and specific proposal to amend bye-laws must be communicated to members in advance by notice - Amendment to proposed amendment of bye-laws taking away valuable right to voting of "C" class members - Due notice not given - Amendment adopted by General body contrary to R.6. Under R.6 before any bye-law can be amended by a resolution passed at a General Meeting of the Society, notice of the proposed amendment must be given in accordance with bye-laws of the Society to the members of the Society. It is not enough merely to state that the question of amending the bye-laws in general or any particular bye-law will be considered at a General Meeting. Such a statement in the notice cannot be regarded as the one in respect of the proposed amendment. The object of the Rule is that the precise and specific proposal to amend the bye-laws must be communicated to the members in advance so that they may have sufficient time to consider the advisability of making such amendment and to participate effectively in the decision making process of the General Meeting. The Rule therefore requires notice of the proposed amendment to be given to the members.(Para 15) From the objects of the Societ....