Writ Petition No. 4836 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9704 WP No. 4836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4836 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. M. RAJU S/O LATE MADAPPA S. AGED ABOUT 61 YEARS, R/T. NO. 631, JANATHA COLONY, ELWALA MYSURU TALUK AND DISTRICT 571 130 2. SRI. MOHAMMAD RAFIQ, S/O MOAHAMMED DASTGIR, AGE ABOUT 63 YEARS, R/AT. ELAWALA MYSURU MYSURU TALUK AND DISTRICT 571 130 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
Legal Reasoning
3. SRI. MAHADEVA SWAMY B., S/O E. BASAVALINGAIAH, AGED ABOUT 46 YEARS, R/AT. NO. 33, ERAPPANKOPPA, ELWALA HOBLI, MYSURU TALUK AND DISTRICT 571 130 4. SRI. RAMESH S/O CHALUVEGOWDA, AGED ABOUT 55 YEARS, R/AT. B.G.S. LAYOUT, BEHIND PIPE FACTORY YELWALA ELWALA, - 2 - NC: 2025:KHC:9704 WP No. 4836 of 2025 MYSURU TALUK AND DISTRICT 571 130 5. SRI. CHIDAMABARA, S/O NARAYANASWAMY, AGED ABOUT 59 YEARS, R/AT. NAYAKARA BEEDI, TELEPHONE EXCHANGE, ELWALA HOBLI, MYSURU TALUK AND DISTRICT 571 130 6. SRI. SHIVEGOWDA, S/O LATE CHIKKEGOWDA, AGED ABOUT 56 YEARS, R/AT. CHIKKEGOWDANAKOPPALU, YELAWALA, MYSURU TALUK AND DISTRICT 571 130 7. SRI. VENKATACHALA T. S/O THIMMAIAH, AGED ABOUT 66 YEARS R/AT. ELWALA, MYSURU TALUK AND DISTRICT 571 130 8. SRI. SUDHAKARA S/O NARASIMHEGOWDA, AGE ABOUT 64 YEARS, R/AT. OLD CANARA BANK ROAD, ELWALA, MYSURU TALUK AND DISTRICT 571 130 9. SMT. SAVITHRAMMA W/O R. SHIVEGOWDA, AGED ABOUT 71 YEARS, R/AT. NO. 79, K.E.B. OFFICE ROAD, ELWALA, - 3 - NC: 2025:KHC:9704 WP No. 4836 of 2025 MYSURU TALUK AND DISTRICT 571 130 10. SRI. NATESH AGED ABOUT 46 YEARS S/O BASAVARAJAPPA, R/AT. ERAPPAN KOPPALU, ELWALA, MYSURU TALUK AND DISTRICT 571 130 11. SRI. NANJUNDASWAMY, AGED ABOUT 63 YEARS S/O CHIKKEGOWDA, R/AT. NO. 103, POST OFFICE ROAD, VTC ELWALA, MYSURU TALUK AND DISTRICT 571 130 12. SMT. MANJULA, W/O MANJU AGED ABOUT 41 YEARS, R/AT. NO. 12, ERAPPANA KOPALU, ELWAL HOBLI, ELWALA, MYSURU TALUK & DISTRICT - 571 130 …PETITIONERS (BY SRI. M.B. CHANDRACHOUD, ADVOCATE FOR SRI. SHANTAKUMAR K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDINGS, AMBEDKAR VEEDI, BANGALORE-560 001 - 4 - NC: 2025:KHC:9704 WP No. 4836 of 2025 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, AND DISTRICT CO-OPERATIVE ELECTION OFFICER. MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE-570 024. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE-570 024 4. THE CHIEF EXECUTIVE OFFICER, MYSORE TALUK PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY, ELWALA MYSORE TALUK, MYSORE-571 130 (THE SOCIETY IS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 1959) 5. THE CO-OPERATIVE ELECTIONS AUTHORITY, 3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, K. H. ROAD, BANGALORE -027 BY ITS COMMISSIONER …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R3; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R5; SRI. A.C. BALARAJ, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER / ENDORSEMENT DATED 31.01.2025 IN NO. - 5 - NC: 2025:KHC:9704 WP No. 4836 of 2025 UNMY/C-09/ CHUNAVANE/CR-347/2024-25 ISSUED BY THE R-2 VIDE ANNEXURE -M AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs; "WHEREFORE for the reasons stated above the petitioners respectfully prays that this Hon'ble Court may be pleased: a) Issue Writ in the nature certiorari to quash the dated impugned letter 31.01.2025 in No.UNMY/C-09/Chunavane/CR- 347/2024-25 issued by the respondent No.2 vide Annexure-M. endorsement / b) Issue a writ in the nature of mandamus or direction; to direct the respondent No.2 to consider the Respondent No.4 proposal dated 16.1.2025 to appoint the Returning Officer to hold the elections of the respondent No.4 Society at earliest vide Annexure-'L'. c) Grant such other Writ or Orders as this Hon'ble court deems fit under the circumstances of the case in the interest of justice." 2. The grievance of the petitioners is that the elections are not being held insofar as respondent No.4 - Society is concerned and an endorsement has been - 6 - NC: 2025:KHC:9704 WP No. 4836 of 2025 issued on 31.01.2025 stating that till there is compliance with Rule 13D, election cannot be held, which has put the entire democratic process a standstill. 3. Sri.A.C.Balaraj, learned counsel appearing for respondent No.4 submits that the statement made in the endorsement dated 31.01.2025 at Annexure-M are not entirely correct, inasmuch as the Chief Executive Officer had prepared draft ineligible electoral list in terms of Clause (i) of Sub-Rule (2-A) of Rule 13D of the Karnataka Co-operative Societies Rules, 1960 and in terms of Sub Clause (ii) thereof, had also prepared the notice which has been served by hand to all the members of the Society and it is thereafter, that the procedure under Clause (iii) is to be followed by the publication in terms of Rule 3 thereof and verification of details produced by the Society in terms of Rule 4 pursuant thereto the procedure under Sub Rule (i) followed by Sub Rule - 7 - NC: 2025:KHC:9704 WP No. 4836 of 2025 (ii), Rules 5, 6, 7, 8 and 9 would be complied with, since that is the order in which the procedure has to be complied. 4. Sri.T.L.Kiran Kumar, learned counsel appearing for respondent No.5, as also, Sri.Yogesh D. Naik, learned counsel appearing for the State would submit that the service of notice under Clause (i) of Sub Section (2-A) of Section 13D cannot be served by hand, but had to be done by registered post, inasmuch as Clause (2) specifically requires such notice to be issued by registered post and thereafter, an opportunity is to be given to the members to file their objections. 5. In that view of the matter, Clause (2) specifies that notices are to be served by registered post, the question of serving the same by hand would not arise, as such, it cannot be accepted that the Chief Executive Officer has complied with the requirement of Clause (2) of Sub Rule (2) of Rule 13D, it would be - 8 - NC: 2025:KHC:9704 WP No. 4836 of 2025 required for the Chief Executive Officer to re-do the process under Clause (2) by issuing notice as required therein by registered post and thereafter, complete the procedure and formalities as prescribed under Rule 13D. 6. Smt.Prathima Honnapura, the learned Additional Advocate General and the Registrar of Co-Operative Societies are directed to look into this matter and ascertain if there is any other better and efficient mode of service of notice since in most of these cases the co-operative Society has large number of members and service of notice through registered post is not only time consuming but is also very expensive putting at stress the financial resources of the Cooperative Society. 7. In that view of the matter, I pass the following;
Decision
ORDER Writ petition is partly allowed, directing respondent No.4 - Chief Executive Officer - 9 - NC: 2025:KHC:9704 WP No. 4836 of 2025 to re-do the procedure under Clause (ii) of Sub Rule (2-A) of Rule 13D of the Karnataka Co-operative Societies Rules, 1960 as per the requirement thereof and complete the process as indicated therein within the time frame prescribed under Rule 13D of the Karnataka Co-operative Societies Rules, 1960. SD/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 9 CT:SNN