Case Note & Summary
The appellant, Sri Santosh Kumar T.C., President/Delegate of Shri Thyluramadevi Poultry Farmers Co-op Society Ltd., filed a writ appeal challenging the election notification dated 27.02.2026 issued by the State Co-operative Election Authority for elections to the Karnataka Co-operative Poultry Federation Ltd. The appellant contended that the notification was issued without proper delegation of powers under Rule 13 of the Karnataka Co-operative Societies Rules, 1960 and that the election programme was not in accordance with the Karnataka Co-operative Societies Act, 1959. The respondents, including the State of Karnataka, State Co-op Election Authority, and various co-operative societies, opposed the appeal. The court examined the provisions of Section 39A of the Act and Rule 13 of the Rules and found that the delegation of powers to the District Election Officer was valid. The court also held that once the election process has commenced, the High Court should not interfere under Article 226 of the Constitution of India, and the appropriate remedy is an election petition after the election is concluded. The writ appeal was dismissed.
Headnote
A) Co-operative Law - Election Notification - Validity - Section 39A of Karnataka Co-operative Societies Act, 1959 - The appellant challenged the election notification dated 27.02.2026 issued by the State Co-operative Election Authority for elections to the Karnataka Co-operative Poultry Federation Ltd. on the ground that the notification was issued without proper delegation of powers and that the election programme was not in accordance with the Act. The court held that the election notification was validly issued and that the challenge to the election process after issuance of the election programme is not maintainable under Article 226 of the Constitution of India. (Paras 1-10) B) Co-operative Law - Delegation of Powers - Rule 13 of Karnataka Co-operative Societies Rules, 1960 - The appellant contended that the State Co-operative Election Authority had not validly delegated powers to the District Election Officer to conduct elections. The court examined Rule 13 and found that the delegation was proper and in accordance with the rules. (Paras 5-8) C) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The court reiterated that once the election process has commenced, the High Court should not interfere with the election process under Article 226, and the appropriate remedy is an election petition after the election is concluded. (Paras 9-10)
Issue of Consideration
Whether the election notification dated 27.02.2026 issued by the State Co-operative Election Authority for elections to the Karnataka Co-operative Poultry Federation Ltd. is valid and in accordance with the Karnataka Co-operative Societies Act, 1959 and Rules, 1960.
Final Decision
The writ appeal is dismissed. The election notification dated 27.02.2026 is upheld. No order as to costs.
Law Points
- Election notification under Section 39A of Karnataka Co-operative Societies Act
- 1959
- cannot be challenged after issuance of election programme
- Writ jurisdiction under Article 226 of Constitution of India not to interfere with election process once commenced
- Interpretation of Rule 13 of Karnataka Co-operative Societies Rules
- 1960 regarding delegation of powers
