Case Note & Summary
The case involved a dispute concerning the right of a delegate to vote in the election for the President of the Karnataka Milk Federation (KMF), an apex cooperative body. The petitioner, a primary member of a milk producers' cooperative society and an elected member of the managing committee of the Tumkur District Milk Union, was selected as the delegate from the union to the KMF for the term 2019-2024. The selection was made by a resolution passed in a meeting of the district milk union on 12.07.2019, and communicated to KMF on 19.07.2019. However, the KMF excluded the petitioner’s name from the voters' list for the presidential election held on 31.08.2019, citing belated receipt of the nomination. Aggrieved, the petitioner filed Writ Petition No. 31171/2019 seeking mandamus to permit him to vote. The High Court granted interim relief, directing that the petitioner be allowed to cast his vote in a sealed cover. Subsequently, the Regional Commissioner of the State Co-operative Election Authority issued a communication dated 11.11.2019 and an order of the same date, scheduling a meeting of the district milk union's managing committee for 20.11.2019 to nominate a new delegate and appointing a Returning Officer. The Commissioner cited certain irregularities in the earlier meeting held on 12.07.2019, such as absence of signatures on the resolution and participation of official nominees. The petitioner challenged these actions in Writ Petition No. 50873/2019, seeking certiorari to quash the communication and order, and a declaration that they were ultra vires Section 28-A(4-B) of the Karnataka Co-operative Societies Act, 1959. Both writ petitions were heard together and reserved for orders. The court considered the provisions of Section 21(2) of the Karnataka Co-operative Societies Act and the extent of the Regional Commissioner's authority to interfere in the delegate nomination process. The judgment, however, is incomplete in the provided text, and the final decision remains unavailable.
Headnote
A) Cooperative Law – Delegation of Delegate – Right to Vote – Karnataka Co-operative Societies Act, 1959, Section 21(2) – Petitioner was elected as delegate to Karnataka Milk Federation by resolution of District Milk Union but excluded from voters' list on ground of belated intimation; writ petition filed seeking mandamus to permit voting; Court granted interim order directing acceptance of petitioner’s vote in sealed cover (Paras 1-13). B) Cooperative Law – Powers of Regional Commissioner – Section 28-A(4-B) Karnataka Co-operative Societies Act, 1959 – Regional Commissioner directed re-nomination of delegate citing irregularities in meeting and participation of official nominees; petitioner challenged communication and order as ultra vires; writ petition filed for certiorari and declaration (Paras 1-13).
Issue of Consideration
Whether the petitioner validly elected as delegate is entitled to vote in the KMF President election despite belated intimation; Whether the Regional Commissioner has jurisdiction to order re-nomination of delegate and appoint Returning Officer; Whether the communication dated 11.11.2019 is ultra vires.
Law Points
- Delegate nomination under Section 21(2) of Karnataka Co-operative Societies Act
- 1959
- Right to vote despite belated intimation
- Authority of Regional Commissioner under Section 28-A(4-B)
- Validity of directions for re-nomination
- Sealed cover voting on interim orders
