Case Note & Summary
The petitioners, eight individuals who are members of the Prathmika Krushi Pattina Sahakar Sangh, Devikoppa, filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench. They sought to quash an order dated 10.12.2013 passed by the Karnataka State Cooperative Election Commission (respondent No.1) which postponed the election of the said cooperative society. The petitioners contended that the order was arbitrary, without jurisdiction, and violated the provisions of the Karnataka Cooperative Societies Act, 1959 and the Rules framed thereunder. They argued that the Election Commission had no power to postpone the election and that the order was passed without giving them an opportunity of being heard. The respondents, including the Cooperative Election Commission, the District Cooperative Election Commissioner, the Returning Officer, and the Society, opposed the petitions. The court, after hearing the learned counsel for the petitioners and the learned High Court Government Pleader for respondents 1 and 2, observed that the petitioners had not placed any material on record to demonstrate that the impugned order suffered from any legal infirmity or that it was passed in violation of any statutory provisions or principles of natural justice. The court noted that the writ jurisdiction under Articles 226 and 227 is not meant to correct every error but to prevent miscarriage of justice or violation of fundamental rights. Since the petitioners failed to establish any such ground, the court found no merit in the petitions and dismissed them. The court did not award any costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Scope of Judicial Review - Petitioners challenged order of Cooperative Election Commission postponing election - Court held that writ jurisdiction is not meant to correct every error but to prevent miscarriage of justice or violation of fundamental rights - Petitioners failed to show any violation of statutory rules or principles of natural justice - Held that no interference is warranted (Paras 1-3). B) Cooperative Law - Election Process - Karnataka Cooperative Societies Act, 1959 and Karnataka Cooperative Societies Rules, 1960 - Power of Election Commission to postpone elections - The Cooperative Election Commission passed order dated 10.12.2013 postponing election of Prathmika Krushi Pattina Sahakar Sangh, Devikoppa - Petitioners alleged order was arbitrary and without jurisdiction - Court found no material to suggest that the Commission acted beyond its powers or in violation of any statutory provision - Held that the order does not suffer from any legal infirmity (Paras 2-3).
Issue of Consideration
Whether the order dated 10.12.2013 passed by the Karnataka State Cooperative Election Commission postponing the election of the Prathmika Krushi Pattina Sahakar Sangh, Devikoppa, is liable to be quashed in writ jurisdiction under Articles 226 and 227 of the Constitution of India.
Final Decision
The High Court of Karnataka, Dharwad Bench, dismissed the writ petitions, holding that the petitioners failed to establish any legal infirmity or violation of statutory provisions or principles of natural justice in the impugned order. No costs were awarded.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Cooperative societies election
- Karnataka Cooperative Societies Act
- 1959
- Karnataka Cooperative Societies Rules
- 1960
- Election Commission's power to postpone elections
- Natural justice
- Alternative remedy
