Case Note & Summary
The petitioner, Bethanagere Milk Producers Co-operative Society Ltd, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an endorsement dated 29.03.2025 issued by the respondent union (Bengaluru Urban, Rural and Ramanagara District Co-operative Milk Producers Societies Union Ltd). The endorsement excluded the petitioner society from participating in the election process of the union on the ground that the caste certificate of one of its delegates was pending verification. The petitioner society had submitted the required documents, including the caste certificate of the delegate, but the respondents refused to issue delegation forms, thereby preventing the society from voting in the union election. The court considered the submissions of the parties, including the argument that the election process should not be stalled and that the society had a right to participate through its elected delegates. The court held that the impugned endorsement was arbitrary and contrary to law, as the pending verification of a caste certificate could not be a valid ground to exclude the society from the election. The court quashed the endorsement and directed the respondents to issue delegation forms to the petitioner society to enable it to participate in the election process through its delegates. The court also directed that the election process be completed as per the schedule, subject to the outcome of the verification of the caste certificate.
Headnote
A) Co-operative Law - Election - Delegation of Voting Rights - Caste Certificate Verification - The petitioner society sought to participate in the election of the respondent union through its delegates, but was excluded on the ground that the caste certificate of one delegate was pending verification. The court held that the election process cannot be stalled or the society excluded merely because of a pending verification of a caste certificate, especially when the society had submitted the required documents and the delegate had been elected. The court quashed the impugned endorsement and directed the respondents to issue delegation forms to the petitioner society to enable participation in the election process. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court exercised its writ jurisdiction to quash an endorsement that was found to be arbitrary and contrary to the principles of natural justice, as it effectively disenfranchised the petitioner society without any legal basis. (Paras 1-5)
Issue of Consideration
Whether the petitioner society can be excluded from participating in the election of the respondent union on the ground that the caste certificate of its delegate is pending verification, and whether the impugned endorsement dated 29.03.2025 is valid in law.
Final Decision
The court allowed the writ petition, quashed the impugned endorsement dated 29.03.2025, and directed the respondents to issue delegation forms to the petitioner society to enable it to participate in the election process through its delegates. The court further directed that the election process be completed as per the schedule, subject to the outcome of the verification of the caste certificate.
Law Points
- Co-operative society elections
- delegation of voting rights
- caste certificate verification
- interim relief
- writ jurisdiction under Articles 226 and 227 of Constitution of India
