Writ Petition No. 34568 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5040 WP No. 34568 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34568 OF 2024 (CS-EL/M) BETWEEN: SRI. CHANDRASHEKAR N.N., S/O. SRI. LATE NIRVANA SHETTY, AGED ABOUT 59 YEARS, R/AT NO. G.K. TEMPLE STREET, BASAVANAHALLI, CHIKKAMAGALURU TOWN - 577 101 (BY SRI. NANJUNDA SWAMY N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY THE SECRETARY. …PETITIONER 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHINAGARA TTMC 'A' BLOCK, K. H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. 3. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5040 WP No. 34568 of 2024 CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU- 577 101. 4. CHIKKAMAGALURU TOWN CO-OPERATIVE SOCIETY LTD., KARNATAKA CO-OPERATIVE SOCIETY ACT, M.G. ROAD, CHIKKAMAGALURU TOWN - 577 101, REPRESENTED BY ITS SECRETARY 5. THE RETURNING OFFICER, CHIKKAMAGALURU TOWN COOPERATIVE SOCIETY LTD., M.G. ROAD, CHIKKAMAGALURU TOWN - 577 101 …RESPONDENTS
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 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and 1 ILR 2024 KAR 1901 - 7 - NC: 2025:KHC:5040 WP No. 34568 of 2024 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) - 8 - NC: 2025:KHC:5040 WP No. 34568 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. - 9 - NC: 2025:KHC:5040 WP No. 34568 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. SIDDHARTH BABURAO, AGA FOR R1,R3 & R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. VIGHNESHWAR S SHASTRI, SENIOR ADVOCATE FOR SRI. SAGAR V SHASTRY, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 TO PERMIT THE PETITIONER TO CONTEST IN THE ELECTION HELD TO THE R-4 SOCIETY ON 29.12.2024 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following prayers:- (i) Issue a writ in the nature of mandamus directing the 5th respondent to permit the petitioner to contest in the election held to the 4th respondent society on 29.12.2024. - 3 - NC: 2025:KHC:5040 WP No. 34568 of 2024 (ii) Issue a writ in the nature of mandamus directing the 5th respondent to permit the petitioner to vote in the election held to the 4th respondent-Society on 29.12.2024. 2. This Court, by way of an interim arrangement on 19.12.2024, permitted the petitioner to cast his vote and the vote cast by the petitioner to be kept in separate ballot box and not to mix with the other votes cast by other members for the election that was scheduled on 29.12.2024. 3. The petitioner’s prayer to contest the election was not accorded by this Court. There are materials produced before the Court to indicate the eligibility of the petitioner to contest the election. The question is about the eligibility of the petitioner to contest the election, is disputed question of fact which has to be raised and adjudicated by raising a dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as “Act” for Short). Section 70 of the Act reads as under: - 4 - NC: 2025:KHC:5040 WP No. 34568 of 2024 “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 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. - 5 - NC: 2025:KHC:5040 WP No. 34568 of 2024 (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. (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 - 6 - NC: 2025:KHC:5040 WP No. 34568 of 2024 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” 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. - 10 - NC: 2025:KHC:5040 WP No. 34568 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. There is an alternative efficacious remedy provided under Section 70 of Act, no exceptional circumstances is made out by the petitioner for adjudication under Article 226 of the Constitution. 7. For the forgoing reasons, the present petition is dismissed with liberty to approach the appropriate Court. All contentions of the parties are kept open to be urged before the appropriate authority. Sd/- (JUSTICE K.S. HEMALEKHA) VS List No.: 2 Sl No.: 7