Case Note & Summary
The petitioners, B Gangadhar, J Kemparaju, and D Eswara, are members of a secondary co-operative society (Taluk Agricultural Producers Co-operative and Marketing Societies). They filed a writ petition under Articles 226 and 227 of the Constitution of India before the Karnataka High Court, aggrieved by the non-conduct of elections to the secondary society. They sought to quash a notice dated 04.06.2020 issued by the Co-operative Election Commission (respondent 4) and to direct the Commission to conduct elections to the Taluk Agricultural Producers Co-operative and Marketing Societies and thereafter to the Mandya District Co-operative Central Bank Ltd. (respondent 5) under Section 39-A of the Karnataka Co-operative Societies Act, 1959. The court heard the learned counsel for the petitioners, the learned High Court Government Pleader, and the learned counsel for the Co-operative Election Commission. The court noted that the election process had not been conducted and that the Commission had issued a notice which the petitioners challenged. The court directed the Co-operative Election Commission to issue a fresh election schedule within two weeks from the date of the order and to complete the election process within eight weeks thereafter. The writ petition was disposed of accordingly.
Headnote
A) Co-operative Law - Election - Conduct of Elections - Section 39-A of the Karnataka Co-operative Societies Act, 1959 - The petitioners, members of a secondary co-operative society, sought a writ to quash a notice dated 04.06.2020 and direct the Co-operative Election Commission to conduct elections to the Taluk Agricultural Producers Co-operative and Marketing Societies and thereafter to the Mandya District Co-operative Central Bank Ltd. - The court held that the election process must be initiated and completed within a reasonable time, and directed the Commission to issue a fresh election schedule within two weeks and complete elections within eight weeks (Paras 1-5).
Issue of Consideration
Whether the Co-operative Election Commission is obligated to conduct elections to the secondary co-operative society (Taluk Agricultural Producers Co-operative and Marketing Societies) and thereafter to the Mandya District Co-operative Central Bank Ltd. under Section 39-A of the Karnataka Co-operative Societies Act, 1959.
Final Decision
The writ petition is disposed of. The Co-operative Election Commission is directed to issue a fresh election schedule within two weeks from the date of the order and to complete the election process within eight weeks thereafter.
Law Points
- Elections to co-operative societies must be conducted in accordance with Section 39-A of the Karnataka Co-operative Societies Act
- 1959
- and the Co-operative Election Commission is obligated to hold elections within a reasonable time.
Case Details
2020 LawText (KAR) (07) 93
W.P.No.8507/2020 (CS-EL/M)
B.Roopesha (for petitioners), Kavitha H.C (HCGP for R1-R3 & R6)
B Gangadhar, J Kemparaju, D Eswara
The Principal Secretary to Government, Department of Co-operation, Government of Karnataka; Register of Co-operative Societies; Deputy Registrar of Co-operative Societies, Mandya District; Co-operative Election Commission; The Mandya District Co-operative Central Bank Ltd.; The Deputy Commissioner, Mandya District
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging non-conduct of elections to a secondary co-operative society.
Remedy Sought
Petitioners sought to quash notice dated 04.06.2020 issued by the Co-operative Election Commission and to direct the Commission to conduct elections to the Taluk Agricultural Producers Co-operative and Marketing Societies and thereafter to the Mandya District Co-operative Central Bank Ltd. under Section 39-A of the Karnataka Co-operative Societies Act, 1959.
Filing Reason
Non-conduct of elections to the secondary co-operative society.
Issues
Whether the Co-operative Election Commission is obligated to conduct elections to the secondary co-operative society under Section 39-A of the Karnataka Co-operative Societies Act, 1959.
Submissions/Arguments
Petitioners argued that elections to the secondary society have not been conducted and sought direction for conduct of elections under Section 39-A of the Act.
Ratio Decidendi
The election process under Section 39-A of the Karnataka Co-operative Societies Act, 1959 must be initiated and completed within a reasonable time, and the Co-operative Election Commission is obligated to conduct elections to the secondary society.
Judgment Excerpts
Heard the learned counsel for the petitioners, learned High Court Government Pleader and the learned counsel for respondent – Co-operative Election Commission.
The petitioners are before this Court being aggrieved by the non-conduct of elections to the secondary society and prays that the same may be conducted according to Section 39-A of the Karnataka Co-Operative Societies Act, 1959.
The facts in brief are that the petitioners are the members of the secondary society and that the election to the secondary society has not been conducted.
In the light of the above, the writ petition is disposed of with a direction to the respondent No.4 – Co-operative Election Commission to issue a fresh election schedule within two weeks from today and to complete the election process within eight weeks thereafter.
Procedural History
The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the non-conduct of elections to the secondary co-operative society and seeking a direction to the Co-operative Election Commission to conduct elections under Section 39-A of the Karnataka Co-operative Societies Act, 1959. The court heard the parties and disposed of the petition with directions.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: 39-A
- Constitution of India: 226, 227
