Case Note & Summary
The writ petition arose from the elections to the Managing Committee of a Primary Co-operative Society, respondent No.3, scheduled for 28 January 2024. The total sanctioned strength of the committee was thirteen, with one seat each reserved for Backward Class–B, Scheduled Tribe, and Scheduled Caste categories. No candidate from any reserved category contested, and consequently, no election could be held for those seats. As a result, only ten candidates were declared elected unanimously on 22 January 2024. The Returning Officer convened the first meeting of the newly elected directors on 11 February 2024, at which only six directors were present and four remained absent. The Returning Officer adjourned the meeting, holding that the requisite quorum was not available. The adjourned meeting was convened on 18 February 2024, but the same six directors attended and four were absent. The Returning Officer again recorded that the quorum requirement was not satisfied, declared that the meeting could not proceed, and treated the meeting as closed. The petitioners challenged the actions of the Returning Officer by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking a declaration that the corum under sub-rule (4) of Rule 14-AK must be interpreted in the context of other provisions of the Co-operative Societies Act so that the corum is computed from the total strength elected to the managing committee, rather than the sanctioned strength. Petitioners further sought certiorari to quash the proceedings dated 11 February 2024 and 18 February 2024, and mandamus to the Returning Officer to declare that corum was present in the meeting held on 11 February 2024 and to proceed with the election of office bearers. The senior counsel for the petitioners submitted that the Returning Officer could not have adjourned and abandoned the meeting due to lack of quorum, as this adversely affected the functioning of the Co-operative Society. He referred to the definitions of “Board” under Section 2b and “Director” under Section 2(e-2-1) of the Karnataka Co-operative Societies Act, 1959, arguing that the ten elected directors constituted the Board. He also cited Section 28-A of the Act, which vests the management of a co-operative society in the board, and contended that the board must be permitted to function. The matter came for orders and was reserved for judgment on 17 February 2026, and the order was pronounced on 13 March 2026.
Issue of Consideration
Whether the quorum requirement under Rule 14-AK(4) of the Karnataka Co-operative Societies Rules should be interpreted to compute quorum based on the number of directors actually elected, rather than the total sanctioned strength of the managing committee, when reserved seats remain vacant due to absence of candidates.
