Case Note & Summary
The writ petitions concerned a dispute over the nomination of a delegate to the apex milk co-operative federation in Karnataka. The petitioner was a member of the managing committee of both a primary milk producers' society and the district milk union. On 12 July 2019, the district milk union passed a resolution nominating the petitioner as its delegate to the Karnataka Milk Federation (KMF) for the term 2019–2024. The union communicated the resolution to KMF on 19 July 2019. An election for the President of KMF was scheduled for 31 August 2019. However, the petitioner's name was not included in the voters' list, allegedly because the intimation of his nomination was received late. Aggrieved, the petitioner filed W.P. No. 31171/2019 seeking a mandamus to permit his participation in the election. On 31 August 2019, the High Court granted an interim order allowing the petitioner to cast his vote, which was to be kept in a sealed cover. Subsequently, the Regional Commissioner of the State Co-operative Election Authority addressed a letter dated 11 November 2019 to KMF, directing the district milk union to hold a meeting on 20 November 2019 to nominate a new delegate, citing procedural irregularities in the 12 July 2019 meeting, such as absence of signatures on the resolution and participation of ineligible official nominees. The Regional Commissioner also appointed a Returning Officer for that purpose. This prompted the petitioner to file W.P. No. 50873/2019 challenging the communication and the order as ultra vires, contending that the selection of a delegate was not an election but an internal deliberation of the managing committee, and that the Regional Commissioner had no authority under Section 28-A(4-B) of the Karnataka Co-operative Societies Act, 1959 to intervene. The petitions were heard together and reserved for orders. The judgment excerpt ends during the narration of facts, before any final ruling, thus the final decision is not available in the provided text. However, the interim order in W.P. No. 31171/2019 remained in effect during the pendency.
Headnote
A) Co-operative Societies - Delegation of Representative - Section 21(2) proviso, Karnataka Co-operative Societies Act, 1959 - The board of a member society may appoint one of its members to vote on its behalf in another society. The proviso requires that a newly elected board shall send a delegate or nominee. The petitioner was elected as a delegate by the District Milk Union for the Apex Society, but his name was not included in the voters' list for the Apex Society election due to alleged belated intimation. (Paras 5-9)
B) Co-operative Elections - Authority of Election Commission - Section 28-A(4-B), Karnataka Co-operative Societies Act, 1959 - The Regional Commissioner issued a communication directing the District Milk Union to convene a meeting to nominate a new delegate and appointed a Returning Officer, citing irregularities in the original meeting. Petitioner contended that the selection of a delegate is a deliberation, not an election, and that the Regional Commissioner lacked authority to intervene. (Paras 11-16)
Issue of Consideration
Whether the Regional Commissioner had authority under Section 28-A(4-B) of the Karnataka Co-operative Societies Act, 1959 to direct a fresh meeting and appoint a Returning Officer for the nomination of a delegate to the Apex Federation; whether the petitioner was entitled to participate in the election for the post of President of KMF despite belated sponsorship; whether the selection of a delegate constitutes an election.
Final Decision
Not mentioned (judgment excerpt ends before final ruling)
Law Points
- Section 21(2) proviso of Karnataka Co-operative Societies Act permits board to appoint delegate
- selection of delegate by board is deliberation not election
- challenge to Regional Commissioner's authority under Section 28-A(4-B) to interfere in internal nomination process
- interim relief to participate in election by casting sealed vote
Case Details
2020 LawText (KAR) (04) 12
Writ Petition No.31171/2019 (CS-EL/M) c/w Writ Petition No.50873/2019 (CS-EL/M)
Devi Prasad Shetty, Rajagopal M.R., G.V. Shashikumar, Prasanna B.R., M. Subramanya, K.R. Nityananda, Ramachandran, M.R.C. Ravi, S. Basavaraj, Jai Prakash Reddy
M. K. Prakash (also referred as H. M. Prakash)
Regional Commissioner, State Co-operative Election Commission; Managing Director, Karnataka Co-operative Milk Producers Federation Ltd.; Tumkur Co-operative Milk Producers Societies Union Ltd; Madihalli Milk Producers Co-operative Society Ltd.; C. L. Shivakumar, Returning Officer
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution challenging the exclusion of the petitioner from voters' list for election to the post of President of Karnataka Milk Federation and subsequently challenging the Regional Commissioner's direction to re-convene a meeting for nomination of a new delegate.
Remedy Sought
In W.P. No.31171/2019: mandamus to permit petitioner to participate in the election and to consider his representation. In W.P. No.50873/2019: certiorari to quash the communication dated 11.11.2019 and appointment of Returning Officer, and declaration that the communication is ultra vires Section 28-A(4-B) of the Karnataka Co-operative Societies Act.
Filing Reason
Petitioner was nominated as delegate from the District Milk Union to KMF but his name was not included in the voters' list for the KMF President election on 31.8.2019 due to alleged belated intimation. Later, the Regional Commissioner intervened to direct a fresh meeting for nominating a new delegate, alleging irregularities in the original nomination.
Previous Decisions
In W.P. No.31171/2019, an interim order was granted on 31.8.2019 permitting the petitioner to cast his vote, to be kept in a sealed cover.
Issues
Whether the selection of a delegate by the managing committee of a co-operative society constitutes an election or an internal deliberation.
Whether the Regional Commissioner under Section 28-A(4-B) of the Karnataka Co-operative Societies Act has the authority to direct a fresh meeting and appoint a Returning Officer for the purpose of nominating a delegate.
Whether the petitioner was entitled to participate in the election for President of KMF despite the belated communication of his nomination.
Submissions/Arguments
Petitioner argued that the Board of a co-operative society has the power under Section 21(2) proviso to appoint a delegate and that the selection is by deliberation, not an election.
Petitioner contended that the impugned communication dated 11.11.2019 issued by the Regional Commissioner is ultra vires as the authority lacks power under Section 28-A(4-B) to interfere in internal nominations.
The respondents (inferentially) defended the exclusion on the ground of belated intimation and irregularities in the 12.7.2019 meeting, including absence of signatures on the resolution and participation of ineligible officials.
Judgment Excerpts
the Board of a Co- operative Society which is a member of another Co- operative Society may appoint one of the members of the Board to vote on its behalf in the affairs of that other society. (Para 5)
selecting one of the members of the Managing Committee of respondent No.3 – District Milk Union as a delegate to represent the said Milk Union with the Apex Body, is only by way of the deliberation among the members of the Managing Committee in the meeting, but it is not an election at all. (Para 16)
the 1 st respondent – Regional Commissioner addressed a letter dated 11.11.2019 to the respondent No.2 – KMF, wherein the meeting of the members of the Managing Committee to respondent NO.3 was scheduled ... for the purpose of nominating or deputing a new delegate. (Para 11)
Procedural History
Petitioner was elected as member of managing committee of primary milk producers' society (R4) and subsequently as member of managing committee of district milk union (R3). On 12.7.2019, R3 passed resolution nominating petitioner as delegate to KMF (R2) for 2019-2024. Intimation sent to R2 on 19.7.2019. Election for President of KMF held on 31.8.2019; petitioner excluded from voters' list. Petitioner filed W.P. No.31171/2019; High Court granted interim order on 31.8.2019 allowing him to cast sealed vote. On 11.11.2019, R1 issued communication directing R3 to hold meeting on 20.11.2019 to nominate new delegate and appointed R5 as Returning Officer. Petitioner filed W.P. No.50873/2019 challenging said communication and order. Both writ petitions heard together and reserved for orders on 7.4.2020.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: 21(2), 28-A(4-B)
- Constitution of India: 226, 227
