Case Note & Summary
The petitioner, a director of the Kasaba Primary Agriculture Credit Co-operative Society Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the election officer and returning officer to include his name in the voters list for the election to the Mysore and Chamarajanagar District Co-operative Central Bank Ltd. The society's board of directors was elected on 18.03.2020 with a term ending on 18.03.2025. Before expiry, on 15.07.2024, the board had passed a resolution requesting the appointment of an election officer for the conduct of the society's elections, but the District Registrar of Co-operative Societies did not act. The petitioner earlier approached the High Court in WP No.7815/2025, which was disposed on 04.04.2025, vacating an interim order and permitting the appointment of an administrator with directions to hold elections. The administrator was appointed only on 29.04.2025. Meanwhile, on 09.04.2024, the managing committee met and chose the petitioner as its delegate to the federal bank election; the delegation form was submitted on 16.04.2025. The election calendar was issued on 10.06.2025, but the petitioner's name was not in the voters list. The petitioner obtained an interim order on 24.06.2025 allowing him to vote, but the ballot was kept separate and not counted without court's leave. During final hearing, the petitioner argued that (i) the election having been held, his vote could be counted and any dispute raised under Section 70 of the Karnataka Co-operative Societies Act, 1959; (ii) the society had taken steps for election and the delay was not its fault; (iii) the delegation was made before the administrator's appointment and was therefore valid; and (iv) under Section 18-B, his directorship had not ceased. The respondents did not file detailed submissions in the available portion of the judgment. The court reserved orders on 18.07.2025 and pronounced its decision on 08.09.2025, but the final order is not included in the provided text.
Headnote
A) Co-operative Societies - Election to Federal Society - Validity of Delegation after Expiry of Term - Karnataka Co-operative Societies Act, 1959, Sections 31, 18-B - The board of directors of a primary society, after expiry of its term on 18.03.2025, passed a resolution on 09.04.2024 appointing a delegate for the federal bank elections, and the delegation form was submitted on 16.04.2025 - Whether such delegation is valid when an administrator was later appointed on 29.04.2025 under Section 31 and the delegate's name was omitted from the voters list - The matter was heard and reserved for orders (Paras 2-7).
B) Co-operative Societies - Cessation of Directorship - Section 18-B, Karnataka Co-operative Societies Act, 1959 - The petitioner contended that under Section 18-B, his directorship could cease only if the board was removed under Section 30 or a special officer appointed under Section 31, neither of which had occurred, and therefore the delegation was valid - The court had to determine the interplay between the expired term, the delegation, and the subsequent administrator appointment (Paras 8.3-8.6).
Issue of Consideration
Whether the petitioner, a director of a primary agricultural credit co-operative society, is entitled to be included as a delegate in the voters list for elections to the federal co-operative bank, given that the society's board of directors' term had expired before the resolution appointing him as delegate was passed, and an administrator was subsequently appointed.
Law Points
- A delegate of a co-operative society must be appointed by a validly existing board
- if the board's term has expired
- it cannot pass a resolution
- appointment of an administrator under Section 31 of the Karnataka Co-operative Societies Act
- 1959
- supersedes any earlier board action
- delegation form submitted before such appointment is not valid
- cessation of directorship under Section 18-B occurs only on removal under Section 30 or appointment of special officer under Section 31.
Case Details
2020 LawText (KAR) (09) 56
WRIT PETITION NO. 18249 OF 2025 (CS-RES)
D.R. Ravishankar, Vijaya Raghava Sarathy H.M., K. Shashikiran Shetty, Prathma Honnapur, Yogesh D. Naik, T.L. Kiran Kumar, K. Anand, Jayakumar S. Patil, Sandesh T.B., Ashok Haranahalli, Anoop Haranahalli
State of Karnataka & Ors.
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking a mandamus to include petitioner's name in voters list for elections to a federal co-operative bank.
Remedy Sought
Petitioner, a director, sought direction to election officer and returning officer to include his name as delegate of respondent No.7 society in voters list for election of respondent No.6 bank.
Filing Reason
Petitioner's name was not included in the voters list for the federal bank election despite the society having chosen him as delegate and submitting a delegation form; the election was notified on 10.06.2025 with his name omitted.
Previous Decisions
Earlier writ petition (WP No.7815/2025) disposed on 04.04.2025, allowing appointment of administrator for respondent No.7 society; interim order in present writ petition on 24.06.2025 permitted petitioner to vote but segregated his ballot pending final order.
Issues
Whether the board of directors of a co-operative society can validly pass a resolution appointing a delegate to a federal society election after the expiry of the board's term.
Whether the subsequent appointment of an administrator under Section 31 of the Karnataka Co-operative Societies Act, 1959, nullifies any delegation made by the previous board.
Whether the petitioner's name should be included in the voters list given that the delegation form was submitted before the administrator's appointment.
Submissions/Arguments
Elections have been held and the vote can be counted; any grievance regarding the vote can be raised under Section 70 of the KCS Act.
The society took necessary steps for election, and the default in holding election was due to the DRCS not appointing an election officer, not due to the society or petitioner.
Interim order in earlier writ petition restrained administrator appointment until 04.04.2025; administrator was appointed only on 29.04.2025, and before that, on 09.04.2024, the board meeting was held and delegation form submitted on 16.04.2025; delegation is valid.
Once delegation form submitted, subsequent administrator appointment does not negate the delegation.
Section 18-B of KCS Act states that cessation of directorship occurs only if the board is removed under Section 30 or special officer appointed under Section 31; neither applies here, so delegation is valid.
Judgment Excerpts
The earlier Board of Directors was elected on 18.03.2020, whose term came to an end on 18.03.2025.
Immediately thereafter, the Managing Committee held a meeting on 09.04.2024, wherein the Petitioner was chosen to be a delegate of the Co-operative Society to the election to be held for Respondent No.6-Federal Bank, namely the Mysore and Chamarajanagar District Co-operative Central Bank Limited, and the said delegation Form was submitted to the Federal Bank on 16.04.2025.
The Co-ordinate Bench of this Court vide its order dated 24.06.2025 permitted the Petitioner to cast his vote in the election of Respondent No.6 scheduled on 26.06.2025. However, the Court directed the election authority to maintain the said vote in a separate ballot box and not to count the vote of the Petitioner without seeking leave of the Court.
Procedural History
The board of directors of the Kasaba Primary Agriculture Credit Co-operative Society Ltd. was elected on 18.03.2020 with a term ending on 18.03.2025. On 15.07.2024, the board passed a resolution requesting the Co-operative Development Officer to appoint an election officer. The society issued notices to ineligible members under Rule 13B(2-A)(ii) and informed the DRCS, but no election officer was appointed. The petitioner filed WP No.7815/2025 to restrain appointment of an administrator; on 04.04.2025, the High Court disposed of that petition, vacated the interim order, and permitted appointment of an administrator with directions to hold elections after complying with Rule 13-D. Before the administrator was appointed, the managing committee met on 09.04.2024 and chose the petitioner as delegate to the federal bank; the delegation form was submitted on 16.04.2025. The administrator was appointed on 29.04.2025. The election calendar for the federal bank was published on 10.06.2025, but the petitioner's name was left out. The present writ petition was filed; on 24.06.2025, an interim order allowed the petitioner to vote but kept the ballot separate. Impleading applications by contesting candidates were allowed, and the matter was heard and reserved for orders on 18.07.2025. Judgment was pronounced on 08.09.2025.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 20(2)(a-iv), Section 20(2)(a-v), Section 18-B, Section 30, Section 31, Section 70
- Karnataka Co-operative Societies Rules, 1960: Rule 13B(2-A)(ii), Rule 13-D
- Constitution of India: Article 226, Article 227
