Case Note & Summary
The petitioners, various Primary Agricultural Credit Co-operative Societies, filed writ petitions challenging the election notification issued by the State Election Commission for Co-operation for elections to the Mysore Chamarajanagar District Central Co-operative Bank and Kolar District Central Co-operative Bank. The petitioners contended that the notification was issued without following the procedure under Rule 3(2) of the Karnataka Co-operative Societies Rules, 1960, which requires consultation with the Government before fixing the election schedule. The respondents, including the State of Karnataka and the Election Commission, argued that the rule is directory and that the election process should not be halted. The court examined the language of Rule 3(2) and found that it does not contain any mandatory language or consequence for non-compliance. The court held that the rule is directory in nature and that once the election notification is issued, the court should not interfere with the election process under Article 226 of the Constitution. The court dismissed the petitions, allowing the elections to proceed.
Headnote
A) Co-operative Law - Election Notification - Validity - Rule 3(2) of Karnataka Co-operative Societies Rules, 1960 - Petitioners challenged election notification on ground that it was issued without following the procedure under Rule 3(2) which requires consultation with the Government - Court held that Rule 3(2) is directory and not mandatory, and once election notification is issued, the election process should not be interfered with - Held that the petition is dismissed (Paras 1-10).
Issue of Consideration
Whether the election notification issued by the State Election Commission for Co-operation is valid despite alleged non-compliance with Rule 3(2) of the Karnataka Co-operative Societies Rules, 1960, and whether the High Court should interfere under Article 226 of the Constitution of India, 1950.
Final Decision
The court dismissed the writ petitions, holding that Rule 3(2) is directory and not mandatory, and that the election process should not be interfered with once the notification is issued.
Law Points
- Election notification cannot be challenged after issuance
- Rule 3(2) of Karnataka Co-operative Societies Rules
- 1960 directory not mandatory
- Article 226 of Constitution of India
- 1950
