“In the very nature of issues, we discover it tough that the misconduct attributed to the appellant includes ethical turpitude. It is well-known that the expression is utilized in authorized and societal parlance to explain a conduct, which is inherently base, vile, deprave or exhibits depravity. Every motion towards which one can elevate an eyebrow might not essentially contain ethical turpitude,” the Bench stated.
Noting that Hanumantharayappa was not a routine gambler, the Bench stated, “There are so many types of taking part in playing cards. It is tough to just accept that each type of taking part in playing cards would contain ethical turpitude, particularly when it’s performed as a mode of leisure and recreation. In truth, in most elements of our nation, taking part in simpliciter playing cards, with out a component of playing or betting is accepted as a poor man’s supply of leisure.”
The prime court docket stated that Hanumantharayappa was elected to the Board of Directors of the cooperative society with the very best votes and the consequential punishment of setting apart his election is extremely disproportionate to the character of misconduct stated to have been dedicated by him.
Setting apart the Karnataka High Court’s judgement that upheld the choice to take away Hanumantharayappa from the submit of the administrators within the cooperative society, the SC restored the election of the appellant until the completion of his prescribed tenure.
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