Case Note & Summary
The writ petitions were filed by two cooperative societies challenging the non-acceptance of their delegation forms for the election to the Kolar-Chikkaballapura DCC Bank. The societies had their board elections set aside by the ARCS, but the orders were stayed by the Karnataka Appellate Tribunal and the High Court respectively. After the stays, the boards were restored and delegated representatives to vote. The delegation forms were submitted to the Deputy Commissioner on 12.05.2025, the same day the final voters list was published, but the delegates' names were not included. The petitioners sought mandamus to accept the delegation and permit voting. The court granted interim orders allowing the delegates to vote. A contender for the post of Director sought impleadment, which was allowed. Senior counsel for the petitioners argued that the societies were eligible under Section 20(2) of the KCS Act, the orders setting aside the elections were stayed, restoring the board, the delegation was valid, and the electoral roll could be revised under Rule 13-D. They also cited Section 23(3) of the RP Act and second proviso to Section 14 of the KM Act to support revision of rolls till election. The respondent contended that those provisions were not applicable. The court had allowed the delegates to vote by interim order. The final order is not available in the provided text.
Headnote
A) Cooperative Societies - Election Eligibility - Right to Vote - Section 20(2) Karnataka Co-operative Societies Act, 1959 - The petitioner societies were eligible to vote but could not forward delegate nomination due to order of ARCS setting aside their boards; after stay of that order, the boards were restored and held meetings to select delegates; the delegation forms were submitted but not accepted; Held that the societies were eligible and the delegates should have been permitted to vote (Paras 3, 4, 8.1-8.5).
B) Cooperative Societies - Electoral Roll Revision - Rule 13-D Karnataka Co-operative Societies Rules, 1960 - The final voters list was published on 12.05.2025, the same day the delegation form was submitted; the rule contemplates revision of electoral roll until final list publication and even thereafter in certain circumstances; the delegate's name ought to have been included before final publication (Paras 8.9-8.10).
C) Writ Jurisdiction - Interim Relief - Articles 226 & 227 Constitution of India - The court granted interim orders permitting the petitioner's delegate to vote, and the delegate voted; the impleading respondent claimed adverse interest; the court allowed impleadment and heard the matter; final order not extracted (Paras 5-7).
Issue of Consideration
Whether the Deputy Commissioner and Returning Officer were obligated to accept the delegation form and include the delegate's name in the voters list for the Kolar-Chikkaballapura DCC Bank election scheduled on 28.05.2025, given that the order setting aside the petitioner society's board had been stayed and the board had subsequently nominated a delegate.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Section 20(2) KCS Act governs eligibility to vote
- Rule 13-D of KCS Rules allows revision of electoral roll until final list
- stay of order setting aside board restores board's power to nominate delegate
- electoral process must accommodate restoration of rights after stay
- writ of mandamus can issue to enforce acceptance of valid nomination.
Case Details
2020 LawText (KAR) (09) 48
WP No. 14457 of 2025 c/w WP No. 14472 of 2025
Citation not available, 2025:KHC:35326
JAYAKUMAR S. PATIL (Sr. Advocate) for DEVIPRASAD SHETTY; YOGESH D. NAIK (AGA for R1,R3,R4); T.L. KIRAN KUMAR (R2); K.S. KALLESHAPPA (R5); Dr. RAVISHANKAR (Sr. Advocate for R6) with SARAVANA S.
Peduru Vyasaya Seva Sahakara Sangha Niyamitha and Batlahalli Vyasaya Seva Sahakara Sangha Niyamitha
State of Karnataka (Department of Co-operation), State Co-operative Societies, Deputy Commissioner/Election Officer Kolar, Returning Officer Kolar-Chikkaballapura DCC Bank Ltd., Kolar-Chikkaballapura DCC Bank Ltd., Sri N. Nagireddy
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the acceptance of delegation forms and permission to vote in the election to the Kolar-Chikkaballapura DCC Bank.
Remedy Sought
The petitioners sought mandamus directing respondents 3 and 4 (Deputy Commissioner and Returning Officer) to accept the delegation forms and permit the petitioner societies to cast votes through their delegates.
Filing Reason
The delegation forms were not accepted and the delegates' names were not included in the voters list for the election scheduled on 28.05.2025, despite submission, because the societies' boards had been earlier set aside.
Previous Decisions
The elections to the petitioner societies' boards were set aside by the ARCS on 31.01.2025. In one case, the Karnataka Appellate Tribunal stayed the order on 09.05.2025. In the other case, the High Court stayed the order on 08.05.2025. In the present petitions, interim orders were granted permitting the delegates to vote.
Issues
Whether the Deputy Commissioner/Returning Officer was required to accept the delegation form and include the delegate's name in the voters list after the order setting aside the petitioner society's board was stayed.
Whether the electoral roll could be revised after the final list was published when the delegation form was submitted on the same day.
Whether the appointment of the Special Officer automatically ceased upon stay of the ARCS order and the board stood restored.
Submissions/Arguments
Petitioners: The board was restored upon stay, and the meeting held to nominate delegates was valid; the societies were eligible under Section 20(2) KCS Act; the delegation form was submitted before final list publication and could be included; Rule 13-D and analogous provisions allow revision; the appointment of Special Officer automatically set aside with the stay.
Respondent No.6: Neither Section 23(3) RP Act nor Section 14 second proviso KM Act apply to cooperative society elections; the application for impleadment was allowed as his interests would be affected if the petitioner's vote is counted.
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
Issue a writ of mandamus directing the R3 and R4 to accept the delegation form of petitioner society and permit the petitioner society to cast his vote in the election scheduled to be held on 28.05.2025 to the respondent No.5 DCC Bank.
the Karnataka Appellate Tribunal vide its order dated 09.05.2025, stayed the said order.
In both matters, this Court had granted interim orders permitting the delegate of the Petitioner to vote at the elections. The said delegates of the Petitioner have voted at the elections.
the final electoral list has been published on 12.05.2025. The delegation form of the Petitioner, having been submitted on 12.05.2025 itself, the petitioner’s delegate’s name could have been included.
Procedural History
Elections to the boards of the petitioner societies were held on 09.07.2020 and office bearers on 20.07.2020. Disputes were raised by members on 31.08.2020. The ARCS passed an order on 31.01.2025 setting aside the elections. In WP 14457/2025, appeal No.103/2025 was filed before KAT, which stayed the ARCS order on 09.05.2025. In WP 14472/2025, appeal No.98/2025 was filed and stay application dismissed, but High Court in WP No.13992/2025 stayed the ARCS order on 08.05.2025. After stay, boards held emergent meetings on 12.05.2025 and delegated representatives. Delegation forms were submitted to Deputy Commissioner on 12.05.2025 but not acted upon. The writ petitions were filed seeking mandamus. Interim orders were granted allowing delegates to vote. The elections took place on 28.05.2025. Respondent No.6 was later impleaded.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 20(2)
- Karnataka Co-operative Societies Rules, 1960: Rule 13-D
- Representation of the People Act, 1951: Section 23(3)
- Karnataka Municipalities Act, 1964: Section 14 (second proviso)
- Constitution of India: Articles 226, 227
