Writ Petition No. 32457 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1364 WP No. 32457 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32457 OF 2024 (CS-EL/M) BETWEEN: 1. KADALAIAH S.M S/O MARIYAPPA AGED ABOUT 65 YEARS, MEMBERSHIP NO.1 2. S.C. CHANAPPA S/O LATE CHANNAIAH AGED ABOUT 55 YEARS, MEMBERSHIP NO.22 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA 3. KAMALAMMA W/O S.T CHIKKA THIMMAIAH AGED ABOUT 55 YEARS, MEMBERSHIP NO.34 4. DEEVARAMMA W/O LATE THIMMAIAH AGED ABOUT 70 YEARS, MEMBERSHIP NO.72 5. RAVI S/O LATE THIMMAIAH AGED ABOTU 38 YEARS, MEMBERSHIP NO. 73 - 2 - NC: 2025:KHC:1364 WP No. 32457 of 2024 6. PUTTAMMA W/O KUPPE NINGEDASAPPA AGED ABOUT 70 YEARS, MEMBERSHIP NO.94 7. CHIKKAMAYAMMA W/O S.K. KADALE GOWDA AGED ABOUT 70 YEARS, MEMBERSHIP NO.99 8. S.C. SHIVA NANJAIAH S/O LATE HOTTE CHANNAIAH AGED ABOUT 55 YEARS, MEMBERSHIP NO.108 9. S.P. NANJAPPA S/O LATE BHADRAIAH AGED ABOUT 70 YEARS, MEMBERSHIP NO.115 10. KOMAL W/O S.K. KRISHNA AGED ABOUT 35 YEARS, MEMBERSHIP NO.141 11. GIRISHA S/O CHIKKANNA AGED ABOUT 35 YEARS, MEMBERSHIP NO.146 12. DASAPPA S/O THIMMAIAH AGED ABOUT 60 YEARS, MEMBERSHIP NO.155 - 3 - NC: 2025:KHC:1364 WP No. 32457 of 2024 13. MANJULA W/O LATE THIMMAIAH AGED ABOUT 40 YEARS, MEMBERSHIP NO.159 14. SAROJAMMA W/O YALAKAIAH AGED ABOUT 60 YEARS, MEMBERSHIP NO.160 15. S.T. CHIKKA THIMMAIAH S/O THIMMEGOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.163 16. S.N. RAJESH S/O MARI DIMMAIAH AGED ABOUT 35 YEARS, MEMBERSHIP NO.164 17. HEMA W/O RAJESH AGED ABOUT 28 YEARS, MEMBERSHIP NO.165 18. SOMASHEKARA S/O GANGA BAIRAPPA AGED ABOUT 40 YEARS, MEMBERSHIP NO.167 19. SHASHIKALA W/O SOMASHEKARA AGED ABOUT 30 YEARS, MEMBERSHIP NO.168 - 4 - NC: 2025:KHC:1364 WP No. 32457 of 2024 20. NINGARAJU S/O LATE NANJE GOWDA AGED ABOUT 40 YEARS, MEMBERSHIP NO.170 21. DHANALAKSHMI W/O S.C. GIRISHA AGED ABOUT 25 YEARS, MEMBERSHIP NO.171 22. JAYASHEELA S/O CHANDRASHEKARA AGED ABOUT 30 YEARS, MEMBERSHIP NO.196 23. LAKSHMANA S/O GIRIYAPPA AGED ABOUT 50 YEARS, MEMBERSHIP NO.204 24. S.K. KEMPAIAH S/O KOLI KEMPAIAH AGED ABOUT 60 YEARS, MEMBERSHIP NO. 188 PETITIONER NOS.1, 4, 6, 7, 9 AND 15 ARE NOT CLAIMING BENEFIT OF SENIOR CITIZEN ALL ARE MEMBERS OF SANABA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED SANABA AMRUTHUR HOBLI KUNIGAL TALUK - 572 111 TUMAKURU DIST.
Legal Reasoning
The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 had given deliberate consideration to the provisions of 1 ILR 2024 KAR 1901 - 9 - NC: 2025:KHC:1364 WP No. 32457 of 2024 Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co- Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) - 10 - NC: 2025:KHC:1364 WP No. 32457 of 2024 5. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. - 11 - NC: 2025:KHC:1364 WP No. 32457 of 2024 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following:
Arguments
(BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) …PETITIONERS - 5 - NC: 2025:KHC:1364 WP No. 32457 of 2024 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S BUILDING, BENGALURU - 560 001 2. THE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR, TTM 'A' BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU - 560 027 BY ITS AUTHORITY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, TUMAKURU DISTRICT TUMAKURU - 572101 4. SANABA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED SANABA AMRUTHUR HOBLI, KUNIGAL TLAUK - 572 111 TUMAKUR DISTRICT BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT - 6 - NC: 2025:KHC:1364 WP No. 32457 of 2024 5. THE RETURNING OFFICER SANABA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED SANABA AMRUTHUR HOBLI, KUNIGAL TALUK - 572 111 TUMAKURU DISTRICT …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L.KIRAN KUMAR, ADV. FOR R2; NOTICE TO R4 IS D/W V/O DATED 15.01.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 TO ANNOUNCE THE ELECTION RESULS OF SANABA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, SANABA AMRUTHUR HOBLI, KUNIGAL TALUK- 572 111 TUMAKURU DIST., DISTRICT HELD ON 18/08/2024 INCLUDING THE NAMES OF THE PETITIONERS PURSUANT TO THE ORDER DTD. 30/09/2024 MADE IN WP NO.22046/2024 ON THE MEMO FILED BY THE PETITIONERS NO. 1 TO 23 DTD. 30/09/2024 BY CONSIDERING THE REPRESENTATION DTD. 21/10/2024 AT ANNEXURE-H, SUBMITTED BY PETITIONER NO.24 UNDER ANN-E, G AND H RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:1364 WP No. 32457 of 2024 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for a direction to respondent No.5 to announce the election results of respondent No.4 - Society for the elections that were held on 18.08.2024. 2. Heard the learned counsel Sri.Somashekaraiah R.P., appearing for the petitioners and the learned Additional Government Advocate Sri.Yogesh D. Naik, appearing for respondent Nos.1, 3 and 5 and the learned counsel Sri.T.L.Kiran Kumar, appearing for respondent No.2. 3. The petitioners had approached this Court in W.P.No.22046/2024 seeking to cast their votes in the ensuing election that was scheduled to be held on 18.08.2024. This Court, by way of an interim arrangement, permitted the petitioners to cast their votes - 8 - NC: 2025:KHC:1364 WP No. 32457 of 2024 in the ensuing elections scheduled to be held on 18.08.2024 which would be subject to the final outcome of the said writ petition. Thereafter, the petition came to be disposed of on the basis of the memo filed by the petitioners to the effect that the respondent may be directed to declare the results of the election and now the present petition is filed seeking to announce the election results which were scheduled on 18.08.2024. The claim made by the petitioners is that respondent Nos.4 and 5 have deliberately not included the names of the petitioners in the eligible list and the petitioners are declared as ineligible voters without following the Rule 13B of the Karnataka Co-operative Societies Rules, 1960 ('the KCS Rules, 1960' for short). 4.
Decision
ORDER Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. - 12 - NC: 2025:KHC:1364 WP No. 32457 of 2024 (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 6. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased - 13 - NC: 2025:KHC:1364 WP No. 32457 of 2024 officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office- bearer or Member of board of the society. - 14 - NC: 2025:KHC:1364 WP No. 32457 of 2024 (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co-operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” - 15 - NC: 2025:KHC:1364 WP No. 32457 of 2024 7. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petition needs to be disposed of in similar terms and hence, the following: - 16 - NC: 2025:KHC:1364 WP No. 32457 of 2024 ORDER (i) The Returning Officer shall count the votes cast in the elections of the Sanaba Milk Producers Co- operative Society Limited, Sanaba Amruthur Hobli, Kunigal Taluk, Tumakuru District held on 18.08.2024, and shall announce the results, forthwith; (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959; (iii) If any dispute is raised under the Provisions of KCS Act, 1959, the Authority under Section 70 of the KCS Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters list and impact of the election; (iv) All contentions of the parties are kept open; - 17 - NC: 2025:KHC:1364 WP No. 32457 of 2024 (v) This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list; (vi) The amount of votes cast by the petitioners to be retained in a separate ballot box; (vii) With the said observations, the writ petition stands disposed of. Sd/- (JUSTICE K.S. HEMALEKHA) KG List No.: 1 Sl No.: 4