Case Note & Summary
The petitioners, who are members of the Coffee Board Employees Co-op Housing Society Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the respondents to conduct and complete elections to the Board of Management of the society for the term 2025-2030. The petitioners prayed for appointment of a Returning Officer as provided under Rule 13-E of the Karnataka Co-operative Societies Rules 1960 and for the election to be conducted in accordance with Rule 14 of the said Rules. The High Court of Karnataka at Bengaluru, presided over by Hon'ble Mr Justice Suraj Govindaraj, issued an oral order directing the respondents to appoint a Returning Officer under Rule 13-E and to conduct the election in accordance with Rule 14 of the Karnataka Co-operative Societies Rules 1960. The court further directed that the election process be completed expeditiously. The order was made on 24th April 2025.
Headnote
A) Cooperative Law - Election to Board of Management - Writ of Mandamus - Petitioners, members of a cooperative housing society, sought direction to respondents to conduct elections for the term 2025-2030 - Court directed the respondents to appoint a Returning Officer under Rule 13-E and conduct elections in accordance with Rule 14 of the Karnataka Co-operative Societies Rules 1960 - Held that the election process must be completed expeditiously (Paras 1-3).
Issue of Consideration
Whether the respondents should be directed to conduct and complete elections to the Board of Management of the 4th respondent society for the term 2025-2030 by appointing a Returning Officer under Rule 13-E and conducting the election in accordance with Rule 14 of the Karnataka Co-operative Societies Rules 1960.
Final Decision
The court directed the respondents to appoint a Returning Officer under Rule 13-E and conduct the election in accordance with Rule 14 of the Karnataka Co-operative Societies Rules 1960, and to complete the election process expeditiously.
Law Points
- Writ of mandamus
- Cooperative society elections
- Rule 13-E
- Rule 14
- Karnataka Co-operative Societies Rules 1960
- Articles 226 and 227 of the Constitution of India
Case Details
2025 LawText (KAR) (04) 47
WP No. 9179 of 2025 (CS-EL/M)
Sri. Saravana S. (for petitioners), Sri. Yogesh D Naik (AGA for R-1, R-3 and R-4), Sri. T.L. Kiran Kumar (for R-2)
State of Karnataka, Co-operative Election Commissioner, Additional Registrar of Co-op Societies, Coffee Board Employees Co-op Housing Society Ltd.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking direction to conduct elections to the Board of Management of a cooperative housing society.
Remedy Sought
Writ of mandamus directing respondents to conduct and complete elections to the Board of Management of the 4th respondent society for term 2025-2030 by appointing a Returning Officer under Rule 13-E and conducting election in accordance with Rule 14 of the Karnataka Co-operative Societies Rules 1960.
Filing Reason
Elections to the Board of Management of the society were not being conducted, prompting members to seek court intervention.
Issues
Whether the respondents should be directed to conduct elections to the Board of Management of the 4th respondent society for the term 2025-2030.
Submissions/Arguments
Petitioners argued that elections must be conducted expeditiously by appointing a Returning Officer under Rule 13-E and following Rule 14 of the Karnataka Co-operative Societies Rules 1960.
Ratio Decidendi
The court held that the respondents are obligated to conduct elections to the Board of Management of the cooperative society in accordance with the Karnataka Co-operative Societies Rules 1960, and a writ of mandamus can be issued to compel the performance of this statutory duty.
Judgment Excerpts
The petitioners are before this Court seeking for the following reliefs: ... Issue a writ of mandamus to the respondents directing to conduct and complete the elections to Board of Management of 4th respondent Society for term (2025-2030) as expeditiously as by appointing Returning Officer as provided under Rule 13-E from the stage/ process where it was halted and conduct election in accordance with the provisions contained in Rule 14 of the Karnataka Co-operative Societies Rules 1960, etc.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It came up for orders on 24th April 2025, and the court passed an oral order directing the conduct of elections.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Co-operative Societies Rules, 1960: Rule 13-E, Rule 14
