Case Note & Summary
The petitioners, various Prathamik Krushi Pattin Sahakari Sangh Niyamit (primary agricultural credit societies) from Athani Taluk, Belagavi District, filed writ petitions challenging the election notification issued by the respondent authorities for elections to the societies. The petitioners sought to quash the election notification and stall the election process. The High Court of Karnataka, Dharwad Bench, presided by Justice R Devdas, considered the matter. The court observed that once the election notification is issued and the election schedule is announced, the election process should not be interfered with. The court noted that the petitioners had an alternative remedy available under the Karnataka Cooperative Societies Act, but even otherwise, the court should not interfere with the election process at this stage. The court dismissed all the writ petitions, allowing the election process to proceed. The judgment was delivered on 14th December 2018.
Headnote
A) Cooperative Law - Election Process - Interference by Court - Once election notification is issued and schedule announced, the election process should not be interfered with under Article 226 of the Constitution of India - Petitioners, primary agricultural credit societies, challenged the election notification issued by the respondent authorities - Court held that the election process must be allowed to proceed and dismissed the petitions - Held that the court should not stall the election process (Paras 1-5).
Issue of Consideration
Whether the High Court should interfere with the election process of cooperative societies after the issuance of election notification and announcement of schedule.
Final Decision
All writ petitions are dismissed. The election process shall proceed.
Law Points
- Election process cannot be interfered with after notification
- Cooperative societies election
- Writ jurisdiction under Article 226
- Alternative remedy
