Case Note & Summary
The petitioner, Mr. Keshava Gowda C.H., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the election notice dated 20.02.2015 issued by the Returning Officer (respondent no.6) for the election of the Board of respondent no.5 Society, Guthigaru Primary Agriculture Credit Co-operative Society (N). The election was scheduled for 8th March 2015, only three days ahead. The petitioner challenged the calendar of events and the notice issued in Form-XII under Rule 14(3) of the Karnataka Co-operative Societies Rules, 1960. The court noted that the election was imminent and that an alternative statutory remedy of election dispute was available under Section 70 of the Karnataka Co-operative Societies Act, 1959. The court held that it should not interfere in the election process at the threshold and stall the election. The petition was dismissed, with liberty to the petitioner to challenge the election after its conclusion by way of an election dispute under Section 70 of the Act. The court did not examine the merits of the petitioner's contentions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Interference in Election Process - Articles 226 and 227 of the Constitution of India - The court considered whether to quash an election notice and stall the election process of a cooperative society scheduled three days ahead. The court held that it should not interfere in the election process when an alternative statutory remedy of election dispute is available under Section 70 of the Karnataka Co-operative Societies Act, 1959. The court dismissed the petition, leaving it open to the petitioner to challenge the election after its conclusion by way of an election dispute under Section 70 of the Act. (Paras 1-4)
Issue of Consideration
Whether the High Court can interfere in the election process of a cooperative society under Articles 226 and 227 of the Constitution of India when an alternative statutory remedy of election dispute is available under Section 70 of the Karnataka Co-operative Societies Act, 1959.
Final Decision
The writ petition is dismissed. It is open to the petitioner to challenge the election after its conclusion by way of an election dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959. No order as to costs.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India should not be exercised to interfere in election process when alternative statutory remedy of election dispute is available under Section 70 of the Karnataka Co-operative Societies Act
- 1959
- High Court should not stall election process at the threshold
