Case Note & Summary
The appeals arose from the dismissal of a writ petition that challenged the rejection of a nomination for election to the Bangalore City, Bangalore Rural and Ramanagara District Milk Producers Co-operative Union Ltd. The appellant Jayamuthu, delegated by Harohalli Milk Producers Co-operative Society, contested the election. His nomination was rejected by the Returning Officer on May 20, 2014, on the ground of non-compliance with provisions of the Co-operative Societies Act and bye-laws. The appellant filed a writ petition and obtained an interim order on May 22, 2014, allowing him to participate in the election held on May 24, 2014, which he won. The writ petition was pending when, on September 3, 2015, the Single Judge dismissed it as not maintainable due to availability of an alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959. Consequently, the interim order dissolved. Aggrieved, the appellant and others filed writ appeals. The Division Bench noted that the primary issue was the maintainability of the writ petition in an election matter when a statutory alternative remedy exists. The appellants argued that the rejection was arbitrary and lacked merit, but the court held that the Single Judge correctly applied the principle that election disputes under the Co-operative Societies Act must be resolved through the mechanism provided under Section 70. The court reiterated that the writ jurisdiction should not be invoked when an effective alternative remedy is available. The appeals were accordingly dismissed, affirming the Single Judge's order. The decision underscores that any grievance related to election process in cooperative societies must first be raised before the competent authority under the Act, not directly in a writ petition.
Headnote
A) Cooperative Societies - Election Dispute - Maintainability of Writ Petition - Karnataka Co-operative Societies Act, 1959, Section 70 - The writ petitioner challenged rejection of his nomination for election to a milk producers' cooperative union. The Single Judge dismissed the writ petition as not maintainable due to availability of alternative remedy under Section 70. The Division Bench upheld this decision, holding that the petitioner should have approached the Registrar for resolution of the election dispute. Held, writ petition not maintainable when statutory alternative remedy is available. (Paras 2-7)
Issue of Consideration
Whether the writ petition challenging the rejection of nomination in election to the committee of a cooperative union is maintainable in view of availability of alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959
Final Decision
The High Court upheld the Single Judge's order dismissing the writ petition as not maintainable. Consequently, the writ appeals were dismissed.
Law Points
- A writ petition challenging rejection of nomination in cooperative society elections is not maintainable when an alternative remedy under Section 70 of the Karnataka Co-operative Societies Act
- 1959 is available
- and interim orders dissolve upon dismissal of the petition
