Case Note & Summary
The petitioners, a director and a member of a primary co-operative agricultural and rural development bank, challenged a Government order dated 29 January 2015 that reserved seats separately for two categories of backward classes in the Boards of Co-operative Societies in Karnataka. They contended that the order providing internal reservation among backward classes was contrary to clause (iii) of sub-section (3) of Section 28-A of the Karnataka Co-operative Societies Act, 1959, as such reservation could only be provided through Rules framed under the Act by the State Government. The court, after hearing the parties, agreed with the petitioners' contention. It held that the Government order was ultra vires the Act and quashed it. The court did not delve into other issues as the writ petitions were disposed of at the preliminary stage.
Headnote
A) Co-operative Law - Reservation for Backward Classes - Internal Reservation - Section 28-A(3)(iii) of Karnataka Co-operative Societies Act, 1959 - The Government order providing internal reservation among backward classes in the Boards of Co-operative Societies was challenged as being contrary to the Act. The court held that internal reservation to persons belonging to backward classes could be provided only through Rules framed under the Act by the State Government, and not by a Government order. Consequently, the impugned Government order was quashed. (Paras 1-4)
Issue of Consideration
Whether the Government order providing internal reservation among backward classes in the Boards of Co-operative Societies is valid under clause (iii) of sub-section (3) of Section 28-A of the Karnataka Co-operative Societies Act, 1959.
Final Decision
The writ petitions are allowed. The Government order bearing No.CO 24 CLM 2015 dated 29th January 2015 is quashed.
Law Points
- Internal reservation among backward classes can only be provided through Rules framed under the Act
- not by Government order
- Section 28-A(3)(iii) of Karnataka Co-operative Societies Act
- 1959
- Ultra vires
Case Details
2015 LawText (KAR) (07) 20
WRIT PETITION NOS.6404-6405/2015 (CS-EL/M)
SRI MAHAMMED TAHIR.A, SRI THARANATH POOJARY, SRI M KESHAVA REDDY
SRI K VEERABHADRAIAH, G.S.BHEEMARAJ
STATE OF KARNATAKA, DEPUTY SECRETARY TO GOVERNMENT, THE STATE CO-OPERATIVE ELECTION AUTHORITY, THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY/DISTRICT ELECTION OFFICER, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY/RETURNING OFFICER, DEVANAHALLI TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
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Nature of Litigation
Writ petitions challenging a Government order providing internal reservation among backward classes in the Boards of Co-operative Societies.
Remedy Sought
Quash the Government order dated 29.1.2015 and direct respondents to permit petitioners to file nomination, contest, vote and participate from backward classes (OBC) category in the proposed election.
Filing Reason
The Government order providing internal reservation among backward classes was contrary to Section 28-A(3)(iii) of the Karnataka Co-operative Societies Act, 1959, as such reservation could only be provided through Rules.
Issues
Whether the Government order providing internal reservation among backward classes in the Boards of Co-operative Societies is valid under clause (iii) of sub-section (3) of Section 28-A of the Karnataka Co-operative Societies Act, 1959.
Submissions/Arguments
The petitioners contended that the Government order providing internal reservation among backward classes is contrary to clause (iii) of sub-section (3) of Section 28-A of the Karnataka Co-operative Societies Act, 1959, as such internal reservation could be provided only through Rules framed under the Act by the State Government.
Ratio Decidendi
Internal reservation among backward classes in the Boards of Co-operative Societies can only be provided through Rules framed under the Karnataka Co-operative Societies Act, 1959, and not by a Government order. Therefore, the impugned Government order is ultra vires the Act.
Judgment Excerpts
It is contended that the aforesaid Government order providing internal reservation among the backward classes is contrary to clause (iii) of sub-section (3) of Section 28-A of the Karnataka Co-operative Societies Act, 1959, as such internal reservation to persons belonging to backward classes could be provided only through Rules framed under the Act by the State Government.
In view of the above, the impugned Government order is quashed. The writ petitions are accordingly allowed.
Procedural History
Writ petitions filed under Articles 226 and 227 of the Constitution of India challenging a Government order dated 29.1.2015. The petitions came up for preliminary hearing in 'B' group and were disposed of on 28.7.2015.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 28-A(3)(iii)
