Case Note & Summary
The case pertains to a dispute regarding the election process of the Kittur Taluka Prathamika Sahakar Krishi Mattu Gramina Abhiruddhi Bank (PCARD Bank), a co-operative society. The appellants, who were candidates in the election, challenged the order of the Single Judge dated 22.11.2019 in W.P.No.101015-101016/2019, whereby the Single Judge had stayed the declaration of results of the election. The respondents, including the Chief Promoter of the Bank and the Bank itself, had filed the writ petition alleging that the voter list was not prepared in accordance with the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder. The Single Judge, after hearing the parties, found prima facie merit in the contention and stayed the declaration of results. The appellants, being aggrieved, filed the present writ appeals under Section 4 of the Karnataka High Court Act, 1961. The Division Bench, after hearing the counsel for the parties, dismissed the appeals, holding that the Single Judge had correctly exercised his discretion in staying the declaration of results. The court observed that the election process must be conducted strictly in accordance with the statutory provisions and any deviation would vitiate the process. The court also noted that the writ petition was maintainable despite the availability of an alternative remedy under the Act, as there was a clear violation of statutory provisions. The appeals were dismissed, and the interim order of the Single Judge was upheld.
Headnote
A) Co-operative Societies - Election - Voter List - The election process must be conducted strictly in accordance with the provisions of the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder. The voter list must be prepared as per the statutory requirements and the bye-laws of the society. Any deviation from the statutory provisions would vitiate the election process. (Paras 1-10) B) Co-operative Societies - Writ Jurisdiction - Interference in Election Matters - The High Court can interfere in election matters if there is a violation of statutory provisions or if the election process is conducted in a manner contrary to law. The mere availability of an alternative remedy under the Act does not bar the writ jurisdiction if there is a clear illegality. (Paras 1-10) C) Co-operative Societies - Interim Order - Stay of Declaration of Results - The Single Judge was justified in staying the declaration of results of the election to the PCARD Bank as the voter list was not prepared in accordance with the Act and Rules. The balance of convenience was in favour of the petitioners who challenged the illegalities in the election process. (Paras 1-10)
Issue of Consideration
Whether the Single Judge was justified in staying the declaration of results of the election to the Kittur Taluka Prathamika Sahakar Krishi Mattu Gramina Abhiruddhi Bank (PCARD Bank) on the ground that the voter list was not prepared in accordance with the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder.
Final Decision
The Division Bench dismissed the writ appeals and upheld the order of the Single Judge staying the declaration of results of the election to the PCARD Bank.
Law Points
- Election process must comply with statutory requirements and bye-laws
- Voter list must be prepared in accordance with the Act and Rules
- Court can interfere if there is violation of statutory provisions
- Writ petition maintainable against election process if there is illegality
