Case Note & Summary
The petitioner, Timmayya Gangadhar Hegde, a chartered accountant and agriculturist, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad. He sought quashing of an undated endorsement made in Serial No.8 of the Provisional List of Rejected Delegation List among Eligible Voters of Respondent No.5 Bank, issued by Respondents 3 to 5 (Annexure-C). The petitioner's name was rejected from the provisional voters list for the election of the Kanara District Central Co-operative Bank Ltd, Sirsi. The respondents included the State of Karnataka, the District Election Officer, the Joint Registrar of Co-operative Societies, the Deputy Registrar of Co-operative Societies, and the Bank itself. The court noted that the impugned endorsement was made without any application of mind, as no reasons were provided for the rejection. The court observed that the respondents had not considered the petitioner's eligibility properly. Consequently, the court allowed the petition, quashed the impugned endorsement, and directed the respondents to reconsider the petitioner's name in accordance with law, after providing an opportunity of hearing to the petitioner. The court also directed that the entire exercise be completed within two weeks from the date of receipt of the order.
Headnote
A) Co-operative Law - Election - Voter Delegation - Rejection - Non-Application of Mind - The petitioner's name was rejected from the provisional list of eligible voters without any reasons or application of mind by the respondents. The court held that the impugned endorsement was unsustainable and liable to be quashed. (Para 3) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - The High Court can interfere when there is non-application of mind by statutory authorities in election matters. (Para 3)
Issue of Consideration
Whether the impugned endorsement rejecting the petitioner's name from the provisional list of eligible voters for the election of Respondent No.5 Bank was valid and passed with proper application of mind.
Final Decision
The writ petition is allowed. The impugned undated endorsement made in Serial No.8 of the Provisional List of Rejected Delegation List amongst Eligible Voters of Respondent No.5 Bank (Annexure-C) is quashed. The respondents are directed to reconsider the petitioner's name in accordance with law, after providing an opportunity of hearing to the petitioner, and complete the exercise within two weeks from the date of receipt of the order.
Law Points
- Non-application of mind by election authorities
- Rejection of voter delegation without reasons
- Right to vote in co-operative society elections
- Articles 226 and 227 of the Constitution of India
