Case Note & Summary
The appellant, Sri K. Eregowda, contested the election of the Managing Committee of the fourth respondent, Hosuru Milk Producers Co-operative Society Ltd., held on 02.09.2013, and was elected as a Director. An application was made before the Assistant Registrar of Co-operative Societies invoking Section 29-C of the Karnataka Co-operative Societies Act, 1959, challenging the voters list. The Single Judge of the High Court set aside the election. The appellant filed writ appeals against that order. The Division Bench, consisting of the Chief Justice and Justice S.R. Krishna Kumar, allowed the appeals, holding that the election was valid and the writ petition was not maintainable as there was an alternative remedy under the Act. The court set aside the order of the Single Judge and dismissed the writ petitions.
Headnote
A) Co-operative Law - Election of Directors - Validity of Election - Section 29-C of Karnataka Co-operative Societies Act, 1959 - The appellant contested the election held on 02.09.2013 and was elected as a director. An application under Section 29-C was made before the Assistant Registrar challenging the voters list. The Single Judge set aside the election. The Division Bench held that the election was valid and the writ petition was not maintainable as there was an alternative remedy under the Act. (Paras 3-10)
B) Co-operative Law - Alternative Remedy - Maintainability of Writ Petition - Section 29-C of Karnataka Co-operative Societies Act, 1959 - The court held that the writ petition challenging the election was not maintainable as the appellant had an efficacious alternative remedy under Section 29-C of the Act. The Single Judge ought not to have entertained the writ petition. (Paras 8-10)
Issue of Consideration
Whether the election of the appellant as a director of the Managing Committee of the fourth respondent Society is valid despite the alleged irregularities in the preparation of the voters list and whether the writ petition challenging the election was maintainable.
Final Decision
The writ appeals are allowed. The order dated 13.06.2019 passed by the learned Single Judge in W.P.Nos. 54384-385/2017 is set aside. The writ petitions are dismissed.
Law Points
- Election of directors of co-operative society
- voters list
- Section 29-C of Karnataka Co-operative Societies Act
- 1959
- challenge to election
- maintainability of writ petition
- alternative remedy
- scope of judicial review
Case Details
2019 LawText (KAR) (10) 34
Writ Appeal Nos. 2366 of 2019 & 2464 of 2019 (CS-RES)
Hon'ble Mr. Abhay S. Oka, Chief Justice, Hon'ble Mr. Justice S.R. Krishna Kumar
Shri Jayakumar S. Patil, Senior Counsel for Shri Anand K, Advocate for appellant; Shri I. Tharanath Poojary, AGA for R-1 to R-3; Shri Murali N, Advocate for R-4; Shri Umesh B.N, Advocate for R-5; Shri Prof. Ravi Verma Kumar, Senior Counsel for Shri K.C. Shanthakumar, Advocate for R-6
The State of Karnataka, Department of Co-operative Societies, The Deputy Registrar of Co-operative Societies, The Assistant Registrar of Co-operative Societies, Hosuru Milk Producers Co-operative Society Ltd., Sri Boregowda, Sri Tejasavi
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Nature of Litigation
Writ appeals against order of Single Judge setting aside election of director of co-operative society.
Remedy Sought
Appellant sought to set aside the order dated 13.06.2019 passed by the Single Judge in W.P.Nos. 54384-385/2017 and allow the writ petitions.
Filing Reason
The appellant contested the election of the Managing Committee of the fourth respondent Society held on 02.09.2013 and was elected as a Director. An application under Section 29-C of the Karnataka Co-operative Societies Act, 1959 was made before the Assistant Registrar challenging the voters list.
Previous Decisions
The Single Judge set aside the election of the appellant by order dated 13.06.2019.
Issues
Whether the election of the appellant as a director of the Managing Committee of the fourth respondent Society is valid?
Whether the writ petition challenging the election was maintainable in view of alternative remedy under Section 29-C of the Karnataka Co-operative Societies Act, 1959?
Submissions/Arguments
Appellant argued that the election was valid and the writ petition was not maintainable.
Respondents argued that the voters list was irregular and the election was rightly set aside.
Ratio Decidendi
The election of the appellant as a director of the Managing Committee of the fourth respondent Society is valid. The writ petition challenging the election was not maintainable as there was an efficacious alternative remedy under Section 29-C of the Karnataka Co-operative Societies Act, 1959.
Judgment Excerpts
With a view to appreciate the controversy involved in the appeals, a brief reference to the facts of the case will be necessary.
In this appeal, we are concerned with the fourth respondent Society. The appellant contested the election of the Managing Committee of the fourth respondent, which was held on 02nd September 2013 and was elected as a Director of the Managing Committee.
Procedural History
The appellant filed writ petitions before the High Court challenging the order of the Assistant Registrar. The Single Judge set aside the election. The appellant filed writ appeals under Section 4 of the Karnataka High Court Act, 1961. The Division Bench heard the appeals and disposed them finally.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: 29-C
- Karnataka High Court Act, 1961: 4
