Case Note & Summary
The petitioners, Basavaraj Kallappa Kugati and the Kittur Taluka Prathamika Sahakara Krishi Mattu Gramina Abhiruddhi Bank (PCARD Bank, Kittur), challenged an order dated 18.12.2018 passed by the Joint Registrar of Co-operative Societies, Belagavi (Respondent No.1). The impugned order directed the Returning Officer (Respondent No.4) to include Respondent Nos.6 to 16 and other eligible farmers as members of the PCARD Bank and permit them to vote in the ongoing election for the Board of Directors. The petitioners contended that the Joint Registrar had no authority to issue such a direction after the election process had commenced, as membership is governed by the Karnataka Co-operative Societies Act, 1959, and the by-laws of the society. The respondents argued that the direction was necessary to ensure that eligible farmers were not disenfranchised. The High Court analyzed the relevant provisions of the Act, particularly Sections 15, 16, and 29A, and held that the Registrar's power to supervise elections does not extend to adding new members after the electoral roll is finalized. The court emphasized that the election process must be conducted on the basis of the existing membership list and that any inclusion of new members must be done in accordance with the Act and by-laws before the election process begins. The court quashed the impugned order, allowing the writ petitions.
Headnote
A) Co-operative Law - Election Dispute - Membership Inclusion - Sections 15, 16, 29A of Karnataka Co-operative Societies Act, 1959 - The Joint Registrar directed the Returning Officer to include eligible farmers as members of the PCARD Bank and permit them to vote in the ongoing election. The High Court held that the Registrar has no power to add new members after the election process has started, as membership is governed by the Act and by-laws, and the election process must be conducted on the basis of the existing electoral roll. The impugned order was quashed. (Paras 1-10) B) Co-operative Law - Election Process - Finality of Electoral Roll - Sections 15, 16, 29A of Karnataka Co-operative Societies Act, 1959 - The court held that once the election process is set in motion, the electoral roll cannot be altered by including new members. The Registrar's direction to enroll new members and allow them to vote was held to be without jurisdiction and contrary to the scheme of the Act. (Paras 5-10)
Issue of Consideration
Whether the Joint Registrar of Co-operative Societies has the authority under the Karnataka Co-operative Societies Act, 1959, to direct the inclusion of new members in the electoral roll of a co-operative bank after the election process has commenced, and whether such direction is sustainable in law.
Final Decision
The High Court allowed the writ petitions and quashed the impugned order dated 18.12.2018 passed by the Joint Registrar of Co-operative Societies, Belagavi, insofar as it directed the inclusion of Respondent Nos.6 to 16 and other eligible farmers as members and permitting them to vote in the election.
Law Points
- Co-operative Societies
- Election Dispute
- Membership
- Statutory Interpretation
- Writ Jurisdiction
