Case Note & Summary
The petitioner, Mrs. Ramani S Kunder, a member of the Mattu Milk Producers Women's Co-operative Society, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the notice of election dated 7.2.2019 issued by the 3rd respondent, the Election Returning Officer. The election was for the posts of President and Vice President of the society for the term 2019-2024. The 2nd respondent, the Deputy Registrar of Co-operative Societies and District Co-operative Election Officer, had appointed one Sanjay S, a Second Division Clerk in the Public Instruction Department, as the Returning Officer. The petitioner contended that Sanjay S was not trained in election procedures and that his appointment was invalid. The court observed that there was nothing on record to show that Sanjay S was trained in conducting elections. The court held that the appointment of an untrained person as Returning Officer is not sustainable and quashed the election notice. The court directed the respondents to appoint a proper Returning Officer in accordance with the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder.
Headnote
A) Co-operative Law - Election of Office Bearers - Appointment of Returning Officer - Sections 28A, 29A of Karnataka Co-operative Societies Act, 1959 - The petitioner challenged the notice of election dated 7.2.2019 issued by the Returning Officer, who was a Second Division Clerk in the Public Instruction Department, on the ground that he was not trained in election procedures. The court held that the appointment of an untrained person as Returning Officer is not sustainable and quashed the election notice. (Paras 1-4) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The High Court exercised its writ jurisdiction to quash the election notice issued by an improperly appointed Returning Officer, emphasizing that the election process must be conducted by a person with proper training and authority. (Paras 1-4)
Issue of Consideration
Whether the appointment of a Second Division Clerk from the Public Instruction Department as Returning Officer for the election to the post of President and Vice President of a Co-operative Society is valid under the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder.
Final Decision
The writ petition is allowed. The notice dated 7.2.2019 issued by the 3rd respondent is quashed. The respondents are directed to appoint a proper Returning Officer in accordance with the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder.
Law Points
- Appointment of Returning Officer must be from trained personnel
- Election process must comply with statutory requirements
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
