Case Note & Summary
The petitioner, a member of the Mattu Milk Producers Women's Co-operative Society, challenged the notice dated 7.2.2019 issued by the 3rd respondent, the Election Returning Officer, for the election to the post of President and Vice President of the society for the term 2019-2024. The petitioner contended that the 3rd respondent, Sanjay S, was a Second Division Clerk in the Public Instruction Department, which is not connected with co-operative societies, and he was not trained in election procedure. The court examined the provisions of the Karnataka Co-operative Societies Act, 1959, and found that the appointment of the Returning Officer was not in accordance with the Act and Rules. The court held that the Returning Officer must be from a department connected with co-operative societies or must be trained in election procedure. Since the 3rd respondent was from the Education Department and there was no evidence of training, the appointment was invalid. The court quashed the notice of election and directed the respondents to appoint a competent Returning Officer in accordance with law.
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 appointment of a Second Division Clerk from the Public Instruction Department as the Returning Officer for the election to the post of President and Vice President of the society. The court held that the appointment was invalid as the officer was not from a department connected with co-operative societies and was not trained in election procedure. The court quashed the notice of election and directed the respondents to appoint a competent Returning Officer. (Paras 1-5)
Issue of Consideration
Whether the appointment of a Second Division Clerk from the Public Instruction Department as the 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 court allowed the writ petition, quashed the notice dated 7.2.2019 issued by the 3rd respondent, and directed the respondents to appoint a competent Returning Officer in accordance with law to conduct the election to the post of President and Vice President of the 4th respondent society.
Law Points
- Appointment of Returning Officer must be from a department connected with co-operative societies or trained in election procedure
- Appointment of a Second Division Clerk from Education Department as Returning Officer is invalid
- Election process must be conducted by a competent authority
Case Details
2019 LawText (KAR) (02) 59
Writ Petition No.8020/2019 (CS-EL/M)
Dr. S. Arumugham for petitioner, Sri A.K. Vasanth for respondents 1 to 3
1. The Department of Co-operative Societies, 2. The Deputy Registrar of Co-operative Societies and District Co-operative Election Officer, 3. The Election Returning Officer, Mattu Milk Producers Women's Co-operative Society (Ltd), 4. The Mattu Milk Producers Women's Co-operative Society
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Nature of Litigation
Writ petition challenging the notice of election for the post of President and Vice President of a co-operative society on the ground that the Returning Officer was not validly appointed.
Remedy Sought
Petitioner sought quashing of the notice dated 7.2.2019 issued by the 3rd respondent and for a direction to appoint a competent Returning Officer.
Filing Reason
The petitioner, a member of the society, challenged the appointment of a Second Division Clerk from the Public Instruction Department as the Returning Officer, alleging that he was not from a department connected with co-operative societies and was not trained in election procedure.
Issues
Whether the appointment of a Second Division Clerk from the Public Instruction Department as the 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.
Submissions/Arguments
Petitioner argued that the 3rd respondent, Sanjay S, was a Second Division Clerk in the Public Instruction Department, which is not connected with co-operative societies, and he was not trained in election procedure, making his appointment invalid.
Respondents argued that the appointment was valid as per the Act and Rules.
Ratio Decidendi
The appointment of a Returning Officer for a co-operative society election must be from a department connected with co-operative societies or must be a person trained in election procedure. The appointment of a Second Division Clerk from the Public Instruction Department, who is not trained, is invalid under the Karnataka Co-operative Societies Act, 1959.
Judgment Excerpts
It is stated that election to the post of President and Vice President of 4th respondent - society for the period from 2019-2024 is due.
In fact, there is nothing on record to show that said person is trained in the procedure of conducting election.
Accordingly, the writ petition is allowed.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru challenging the notice of election dated 7.2.2019. The court heard the matter and passed the order on 22.2.2019.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: 28A, 29A
- Constitution of India: 226, 227
