Case Note & Summary
The petitioners, various Primary Agricultural Credit Co-operative Societies, challenged the election notification issued by the State Election Commission for Cooperative Societies for the election of directors to the Mysore Chamarajanagar District Central Co-operative Bank and the Kolar District Central Co-operative Bank. The petitioners contended that the election notification was issued without complying with Section 28A of the Karnataka Cooperative Societies Act, 1959, which requires the State Government to specify the number of wards and the number of members to be elected from each ward. They argued that the election process should be stayed until the government complies with the provision. The respondents, including the State of Karnataka and the State Election Commission, argued that the election process had already been notified and should not be interfered with, and that the petitioners' grievances could be raised in an election petition after the election. The court, after hearing arguments, held that once the election notification is issued, the election process should not be stalled. The court observed that the remedy for any violation of the Act or Rules lies in an election petition after the election is concluded. The court dismissed the writ petitions, allowing the election process to continue.
Headnote
A) Cooperative Law - Election Process - Interference by Courts - Once election notification is issued, courts should not interfere with the election process - The court held that the election process once set in motion should not be stalled, and the remedy lies in election petition after the election is over (Paras 10-12). B) Cooperative Law - Section 28A of Karnataka Cooperative Societies Act, 1959 - Wards System - The provision mandates that the State Government may specify the number of wards and the number of members to be elected from each ward for cooperative societies - The court examined whether the election notification complied with this provision (Paras 5-9). C) Cooperative Law - Rule 13 of Karnataka Cooperative Societies Rules, 1960 - Representation of Members - The rule provides for the manner of representation of members in the election of cooperative societies - The court considered the applicability of this rule to the election in question (Paras 6-8).
Issue of Consideration
Whether the election notification issued by the State Election Commission for Cooperative Societies is valid despite non-compliance with Section 28A of the Karnataka Cooperative Societies Act, 1959, and whether the court should interfere with the election process once it has been notified.
Final Decision
The court dismissed the writ petitions, holding that the election process once notified should not be interfered with, and the remedy for any violation lies in an election petition after the election.
Law Points
- Election process once notified cannot be interfered with
- Section 28A of Karnataka Cooperative Societies Act
- 1959
- Rule 13 of Karnataka Cooperative Societies Rules
- 1960
- Wards system for cooperative elections
- Representation of members in cooperative elections
