Case Note & Summary
The petitioner, Sri S. Shivkumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 11.03.2025 passed by the Assistant Registrar of Co-operative Societies (1st respondent) in Dispute No.3 of 2023-24. The petitioner is a member of the Lokkanahalli Milk Producers Co-operative Society (3rd respondent). He had filed his nomination for election to the managing committee of the society. The Returning Officer (2nd respondent) rejected his nomination on the ground that he had not paid subscription for three months prior to the election, as required under the bye-laws. Aggrieved, the petitioner approached the Assistant Registrar, who upheld the rejection. The petitioner then filed the present writ petition, contending that the Assistant Registrar had no jurisdiction to entertain the dispute, as election disputes under the Karnataka Co-operative Societies Act, 1959, are to be decided by the Co-operative Tribunal under Section 70(2) of the Act. The respondents argued that the Assistant Registrar had jurisdiction under Section 70(1) of the Act. The court analyzed the provisions of the Act and held that Section 70(2) specifically provides that disputes relating to election of office bearers shall be referred to the Co-operative Tribunal. Therefore, the Assistant Registrar acted without jurisdiction. The court quashed the impugned order and directed the petitioner to approach the appropriate forum, i.e., the Co-operative Tribunal, for redressal. The court did not express any opinion on the merits of the rejection of nomination.
Headnote
A) Co-operative Law - Election Dispute - Jurisdiction - Section 70(2) of Karnataka Co-operative Societies Act, 1959 - The Assistant Registrar of Co-operative Societies does not have jurisdiction to decide election disputes; such disputes are to be adjudicated by the Co-operative Tribunal under Section 70(2) of the Act. The impugned order dated 11.03.2025 passed by the Assistant Registrar in Dispute No.3 of 2023-24 was quashed as without jurisdiction. (Paras 1-10) B) Co-operative Law - Candidature - Subscription Payment - Section 29A of Karnataka Co-operative Societies Act, 1959 - The petitioner's nomination was rejected on the ground that he had not paid subscription for three months prior to the election. The court held that the requirement of payment of subscription is a valid condition for eligibility to contest elections. However, since the Assistant Registrar lacked jurisdiction, the order was quashed without going into the merits of the rejection. (Paras 1-10)
Issue of Consideration
Whether the Assistant Registrar of Co-operative Societies had jurisdiction to entertain and decide an election dispute regarding rejection of nomination paper, and whether the petitioner's candidature was validly rejected for non-payment of subscription.
Final Decision
The High Court allowed the writ petition, quashed the order dated 11.03.2025 passed by the Assistant Registrar in Dispute No.3 of 2023-24, and directed the petitioner to approach the Co-operative Tribunal for appropriate remedy. The court held that the Assistant Registrar acted without jurisdiction.
Law Points
- Jurisdiction of Assistant Registrar under Karnataka Co-operative Societies Act
- 1959
- Election dispute
- Candidature rejection
- Subscription payment
- Writ of certiorari
