1988 (1) TMI 358

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.... first respondent as illegal, unconstitutional and ultra vires the provisions of section 4 of the MYSORE Race Course Licensing Act, 1952; (b) directing the first respondent not to enforce the conditions stipulated in order dated November 25, 1986; (c)declaring that the provisions of section 8 of the Mysore Race Course Licensing Act, 1952, are void, unconstitutional and violative of article 14 of the Constitution; and (d) grant any other reliefs that this hon'ble Court any deem fit in the circumstances of the case including an order ass to costs in the interests of justice and equity." Annexure - M, ass it stood at the time of filing of the writ petition, was as follows: "ORDER" In exercise of the powers conferred by ....

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....liminary objection raised on behalf of the State by the learned Advocate - General is that the petitioner is a member of the club know as "Bangalore Turf Clun Ltd.". The clun is a company registered under Companies Act though it is not having any share capital. 6. The contention of the learned Advocate - General is that the impugned order, at the most, can affect the managerial right of the club about which when the clun itself is not aggrieved, it cannot be held to affect the right of the petitioner as member of the club nor can it be held to affect his personal interest involved in the clun. 7. Shri R. N. Narasimhamurthy, learned senior counsel appearing for the petitioner, submits that the petitioner, being a member of the cl....

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....a the society and he has no independent rights except those given to him by the Statue and the bye - laws. He must act and speak through the society or rather, the society alone can act and speak for him qua rights or duties of the society as a body. So if the statue which authorizes compulsory amalgamation of co - operative societies provides for notice to the societies concerned, the requirement of natural justice is fully satisfied. The native to the society will be deemed as notice o all its members. That is why section 13 (9) (a) provides for the issue of notice to the society and not to individual members. Section 13 (9) (b), however, provides the members also with an opportunity to be heard if they desire to be heard. Notice to indiv....