Case Note & Summary
The petitioners, M. Srinivasappa and H.M. Govindareddy, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioners sought to quash a notice dated 26.03.2025 issued by the Deputy Registrar of Cooperative Societies (respondent no.2) bearing No. DRC/CHUNAVANE/DELEGATE/2024-25, which called for the election of delegates to the Kolar and Chikkaballapura District Central Cooperative Bank Ltd. (respondent no.3). They also sought to quash an emergency board meeting resolution dated 29.03.2025 passed by the Hulugummanahalli Vyavasaya Seva Sahakara Sangha Niyamitha (respondent no.4). The petitioners contended that the notice for election of delegates was issued without following the mandatory procedure prescribed under the Karnataka Cooperative Societies Act, 1959 and the Karnataka Cooperative Societies Rules, 1960. Specifically, they argued that the election of delegates must be conducted by the society itself in accordance with the bye-laws and the statutory framework, and the Deputy Registrar had no authority to unilaterally fix a date for such election. Additionally, the emergency board meeting resolution was passed without proper notice to all members, rendering it invalid. The respondents, including the State of Karnataka, the Deputy Registrar, the District Central Cooperative Bank, the Sangha, and Muninarayanappa, opposed the petition. The court, after hearing the arguments, found merit in the petitioners' submissions. The court observed that the procedure for election of delegates is governed by Sections 28A, 29, and 30 of the Karnataka Cooperative Societies Act, 1959 read with Rules 14, 15, and 16 of the Karnataka Cooperative Societies Rules, 1960. The Deputy Registrar's notice was issued without adhering to this statutory scheme, and the emergency board meeting was convened without proper notice. Consequently, the court allowed the writ petition, quashed the impugned notice and resolution, and directed that any fresh election of delegates must be conducted strictly in accordance with law.
Headnote
A) Cooperative Law - Election of Delegates - Statutory Procedure - Sections 28A, 29, 30 of the Karnataka Cooperative Societies Act, 1959 and Rules 14, 15, 16 of the Karnataka Cooperative Societies Rules, 1960 - The court held that the election of delegates to a District Central Cooperative Bank must be conducted strictly in accordance with the procedure prescribed under the Act and Rules. The Deputy Registrar's notice fixing a date for election without following the statutory scheme was invalid. (Paras 1-10) B) Cooperative Law - Emergency Board Meeting - Notice - Section 29 of the Karnataka Cooperative Societies Act, 1959 - The court held that an emergency board meeting convened without proper notice to all members is invalid. The resolution passed in such a meeting cannot be sustained. (Paras 1-10) C) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court exercised its writ jurisdiction to quash the impugned notice and resolution as they were issued in violation of statutory provisions and without jurisdiction. (Paras 1-10)
Issue of Consideration
Whether the notice dated 26.03.2025 issued by the Deputy Registrar of Cooperative Societies for election of delegates to the District Central Cooperative Bank and the emergency board meeting resolution dated 29.03.2025 passed by the Hulugummanahalli Vyavasaya Seva Sahakara Sangha Niyamitha are valid and in accordance with the Karnataka Cooperative Societies Act, 1959 and Rules.
Final Decision
The writ petition is allowed. The notice dated 26.03.2025 bearing No. DRC/CHUNAVANE/DELEGATE/2024-25 issued by the respondent no.2 and the emergency board meeting resolution dated 29.03.2025 passed by the respondent no.4 are quashed. Any fresh election of delegates shall be conducted strictly in accordance with law.
Law Points
- Election of delegates to a District Central Cooperative Bank must be conducted in accordance with the procedure prescribed under the Karnataka Cooperative Societies Act
- 1959 and the Karnataka Cooperative Societies Rules
- 1960
- any deviation renders the election process invalid
- the Registrar or Deputy Registrar cannot unilaterally fix a date for election of delegates without following the statutory scheme
- an emergency board meeting convened without proper notice is invalid.
