Case Note & Summary
The petitioners, various Primary Agricultural Credit Co-operative Societies and other co-operative societies, filed writ petitions challenging the election notification issued by the State Election Commission for Co-operation for the election to the Board of Directors of 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 Co-operative Societies Act, 1959, which mandates reservation of seats for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women in the governing body. They also argued that the constitution of wards/constituencies was not in accordance with Rule 13 of the Karnataka Co-operative Societies Rules, 1960. The respondents, including the State of Karnataka and the State Election Commission, opposed the petitions, submitting that the election process had already commenced and that the court should not interfere at this stage. The court, after hearing the parties, held that once the election process is set in motion, courts should not interfere with the election process, and any challenge to the election must be raised after the election by way of an election petition. The court also noted that the election notification provided for reservation in accordance with the Act and Rules, and the petitioners failed to substantiate their challenge regarding non-compliance. Accordingly, the court dismissed the writ petitions, allowing the election process to continue.
Headnote
A) Co-operative Law - Election Process - Interference by Courts - Once election process is set in motion, courts should not interfere with the election process - The court held that the election notification having been issued, the election process must be allowed to continue and any challenge to the election must be raised after the election by way of an election petition (Paras 10-12). B) Co-operative Law - Reservation of Seats - Section 28A of Karnataka Co-operative Societies Act, 1959 - The court examined the requirement of reservation for SC/ST/OBC and women in the governing body of co-operative societies - The court noted that the election notification provided for reservation in accordance with the Act and Rules, and the petitioners' challenge regarding non-compliance was not substantiated (Paras 13-15). C) Co-operative Law - Wards and Constituencies - Rule 13 of Karnataka Co-operative Societies Rules, 1960 - The court considered the challenge to the constitution of wards/constituencies for the election - The court held that the election notification was issued after following the procedure prescribed under the Act and Rules, and the petitioners failed to make out a case for interference (Paras 16-18).
Issue of Consideration
Whether the election notification issued by the State Election Commission for Co-operation is valid despite alleged non-compliance with Section 28A of the Karnataka Co-operative Societies Act, 1959 regarding reservation of seats and constitution of wards/constituencies.
Final Decision
The court dismissed the writ petitions, holding that once the election process is set in motion, courts should not interfere with the election process. The election notification was issued after following the procedure prescribed under the Act and Rules, and the petitioners failed to make out a case for interference. The election process was allowed to continue.
Law Points
- Election process once commenced cannot be interfered with
- Section 28A of Karnataka Co-operative Societies Act
- 1959
- Rule 13 of Karnataka Co-operative Societies Rules
- 1960
- Wards and Constituencies
- Reservation of Seats
- SC/ST/OBC representation
- Co-operative Election Commission
