Case Note & Summary
The petitioners, three milk producers' co-operative societies registered under the Karnataka Co-operative Societies Act, 1959, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondents to follow Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and conduct the ensuing elections to the Board of Management of the 5th respondent, Mandya District Co-operative Milk Producers Societies Union Ltd., by including the petitioners. The respondents included the State of Karnataka, the State Co-operative Election Authority, the Election Officer, the Returning Officer, and the Union itself. An impleading application was filed by Vadarahalli Milk Producers Co-operative Society Ltd. and its President. The petitioners argued that they are member societies of the 5th respondent Union and are entitled to vote in the elections, but the respondents were not following the mandatory rule. The court, after hearing the parties, allowed the petition and directed the respondents to comply with Rule 13D(2-A) and include the petitioners and other eligible societies in the electoral process. The court held that the writ of mandamus is maintainable to enforce a statutory duty.
Headnote
A) Co-operative Law - Election - Rule 13D(2-A) of Karnataka Co-operative Societies Rules, 1960 - Mandamus - Petitioners, being member societies of the 5th respondent Union, sought direction to respondents to follow Rule 13D(2-A) and include them in the electoral process for the Board of Management of the Union - Court held that the respondents are bound to comply with the statutory rule and include eligible member societies in the electoral roll - Held that the writ of mandamus is maintainable to enforce statutory duty (Paras 1-10).
Issue of Consideration
Whether the respondents are required to follow Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 while conducting elections to the Board of Management of the 5th respondent Union, and whether the petitioners' societies are entitled to be included in the electoral process.
Final Decision
The writ petition is allowed. The respondents are directed to follow the provisions contained in Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and conduct the ensuing elections to the Board of Management of the 5th respondent Union by including the petitioners and other eligible societies.
Law Points
- Rule 13D(2-A) of Karnataka Co-operative Societies Rules
- 1960
- Mandamus
- Co-operative society elections
- Right to vote
- Inclusion of member societies
Case Details
2025 LawText (KAR) (05) 20
WP No. 1375 of 2025 (CS-EL/M)
Prof. Ravivarma Kumar, Sri. Mahamad Tahir, Smt. Prathima Honnapur, Sri. Yogesh D. Naik, Sri. T.L. Kiran Kumar, Sri. Sandesh T.B., Sri. Mr. Rajgopal, Sri. Vinaya H.
Marigowdanadoddi Milk Producers Women’s Co-operative Society Ltd., Kodagahalli Milk Producers Womens Co-operative Society Ltd., Saghya Milk Producers Co-operative Society Ltd.
The State of Karnataka, The State Co-operative Election Authority, The Election Officer of District Federal Co-operative Societies and Deputy Commissioner, Mandya District, The Returning Officer of Mandya District Co-operative Milk Producers Societies Union Ltd., Mandya District Co-operative Milk Producers Societies Union Ltd., Vadarahalli Milk Producers Co-operative Society Ltd., Sri. Vishwanath V.M.
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to enforce compliance with Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 in elections to the Board of Management of a co-operative milk union.
Remedy Sought
Petitioners sought a writ of mandamus directing the respondents to follow Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and conduct the ensuing elections to the Board of Management of the 5th respondent Union by including the petitioners.
Filing Reason
The petitioners, being member societies of the 5th respondent Union, alleged that the respondents were not following the mandatory provisions of Rule 13D(2-A) and were excluding them from the electoral process.
Issues
Whether the respondents are required to follow Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 while conducting elections to the Board of Management of the 5th respondent Union?
Whether the petitioners are entitled to be included in the electoral process for the elections to the Board of Management of the 5th respondent Union?
Submissions/Arguments
Petitioners argued that they are member societies of the 5th respondent Union and are entitled to vote in the elections, and the respondents are bound to follow Rule 13D(2-A) which mandates inclusion of eligible societies.
Respondents argued that the writ petition is not maintainable or that the rule does not apply as contended.
Ratio Decidendi
The court held that Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 is mandatory and the respondents are bound to comply with it while conducting elections to the Board of Management of a co-operative union. A writ of mandamus is maintainable to enforce a statutory duty.
Judgment Excerpts
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO FOLLOW THE PROVISION CONTAINED IN RULE 13 D(2-A) OF KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 AND CONDUCT THE ENSUING ELECTIONS TO THE BOARD OF MANAGEMENT OF R-5 UNION BY INCLUDING THE PETITIONERS.
Procedural History
The writ petition was filed on an unspecified date. An impleading application (I.A. 1/2025) was filed by Vadarahalli Milk Producers Co-operative Society Ltd. and its President. The court heard the matter and delivered judgment on 2nd May 2025.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959:
- Karnataka Co-operative Societies Rules, 1960: Rule 13D(2-A)
- Constitution of India: Articles 226, 227
