Karnataka High Court
Osmanabad Janata Sahakari Cooperative ... vs The State Of Karnataka And Ors on 2 September, 2021
Author: Nataraj Rangaswamy
Bench: Nataraj Rangaswamy
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY
WRIT PETITION No. 201589/2021 (CS-CLM)
BETWEEN
OSMANABAD JANATA SAHAKARI
(MULTI STATE) COOPERATIVE BANK LIMITED
HAVING REGISTERED OFFICE SOLAPUR ROAD,
OSMANABAD, THROUGH ITS
BRANCH OSMANABAD JANATA SAHAKARI
(MULTI STATE), COOPERATIVE BANK LIMITED,
BIDAR, THROUGH ITS DIRECTOR
SRI. NANDAKUMAR S/O LIMBAJI NAGDE.
...PETITIONER
(BY SRI RAVI B. PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED THROUGH
ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF COOPERATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE JOINT SECRETARY TO THE GOVT.
DEPARTMENT OF COOPERATION,
MS BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
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3. THE COMMISSIONER
ELECTION COMMISSION OF COOPERATIVE,
TTMC BUILDING, 3RD FLOOR,
SHRI KENGAL HANAMANTHRAYA ROAD,
SHANTI NAGAR, BENGALURU-560027.
4. THE DEPUTY COMMISSIONER
BIDAR DISTRICT,
DC OFFICE, BIDAR-585401.
5. THE DEPUTY REGISTRAR OF COOPERATIVE
SOCIETIES AND SPECIAL ELECTION
OFFICER COOPERATIVE, OSMANABAD,
1ST FLOOR, CENTRAL ADMINISTRATIVE OFFICE,
OSMANABAD.
...RESPONDENTS
(BY SMT. ANURADHA M. DESAI, GA FOR R1, R2, R4 & R5;
NOTICE TO R3 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
COMMUNICATION ISSUED BY THE 4 TH RESPONDENT
AUTHORITY DATED 16.08.2021 IN FILE NO.KAM/ELE/CR-
01/2021-22 AS AT ANNEXURE N THEREBY HOLDING THE
NOTIFICATION AS AT ANNEXURE K DATED
19.07.2021 BEARING NO.SACHUPRA/ADALITH/COVID-
19/6(3)/SUTTOLE/2021 RELIED UPON BY THE 4 TH
RESPONDENT AS NOT APPLICABLE TO THE CASE OF THE
PETITIONER, IN THE INTEREST OF JUSTICE ETC.
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THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner is a Co-operative Society registered under the provisions of the Multi State Co-operative Societies Act, 2002 and is involved in the business of banking and its business is spread across the States of Maharashtra and Karnataka. The petitioner has two branches in Bidar district and has enrolled 3166 members in Bidar district. It is stated that the Managing Committee of the petitioner comprises of 14 elected representatives out of which, one director is elected to represent the members of Bidar district. It is stated that the term of the incumbent governing body of the petitioner came to an end on 01.10.2020 and elections were to be conducted. The petitioner claims that the Director (Cooperation) Office of Central Registrar of Co-operative Society addressed a letter to the petitioner expressing the need to conduct elections by 31.12.2020. The petitioner therefore informed the respondents to take steps to hold elections in 4 respect of the members of the Bidar district. The petitioner claimed that the Government of Maharashtra had permitted all co-operative societies to conduct elections for its Board of Management. Hence, to conduct election of a Director from Bidar District, the respondent No.5 sought permission from the respondent No.4 to conduct elections to the petitioner - Society in so far as 3166 members in Bidar district is concerned. In the mean while, the time for conducting election was extended by the Director (Co-operation), Central Registrar of Cooperative Societies till 15.09.2021 in view of the Covid- 19 pandemic. It is in that backdrop, the petitioner sought 'no objection certificate' of the respondent No.4 to conduct elections. However, the respondent No.4 rejected the same citing a circular dated 19.07.2021 issued by the Cooperative Election Authority restraining holding of elections for a period of six months from 19.07.2021.
2. The learned counsel has challenged the rejection of the request of the petitioner as well as the 5 applicability of the circular dated 19.07.2021 to the petitioner.
3. The learned counsel contends that the circular dated 19.07.2021 was applicable only to co-operative societies and not to multi state co-operative societies. Therefore, he contended that the rejection of the request for 'no objection certificate' is based on the circular which is not applicable to the petitioner. The learned counsel contended notwithstanding the circular, the elections to many cooperative societies were conducted in the state of Karnataka.
4. In order to ascertain whether elections were conducted to other co-operative societies, notwithstanding the circular dated 19.07.2021, the learned Principal Government Advocate was called upon to respond to the same. The Principal Government Advocate after obtaining instructions submitted that a few cooperative societies were permitted to conduct elections. She also submitted that the municipal elections to the Kalaburagi Corporation, 6 Belagavi City Corporation and Dharward City Corporation are scheduled tomorrow.
5. Since the rate of Covid-19 infection in Bidar district is less than 1% and the number of positive cases as on 31.08.2021 was zero and total active cases were two, the apprehension that holding elections by the petitioner in Bidar would further spread the Covid-19 infection is not justified.
6. Since elections are held in the State to various urban local bodies, the same benefit also deserves to be extended to the petitioner. In the present case, the circular issued by the Cooperative Election Authority dated 19.07.2021 (Annexure-K) is though applicable only to cooperative societies registered in the State of Karnataka but yet the notification is pursuant to the proceedings of the Government under the Disaster Management Act, 2005 and the same cannot be ignored. At the same time, the respondent No.4 could not mechanically reject the grant of 7 a No objection without considering the facts and figures of the pandemic.
7. Having regard to the fact that the elections are held to various Municipal Corporations, the petitioner should also be permitted to conduct elections to elect a Director from Bidar district. However, this Court cannot let down the guard and disregard the looming pandemic. Hence, in order to permit the petitioner to conduct elections and also at the same time, ensure that all safety precautions are adhered to, this Court deems it appropriate to permit the petitioner to conduct elections to elect a Director from Bidar district, subject to the following conditions:
1. The petitioner shall ensure that all Covid-19 precautions, such as, wearing of face masks, maintaining social distance while voters are in the queue and when they enter the polling booths, shall be compulsorily adhered to.
2. The petitioner shall ensure that there shall be atleast six polling booths in Bidar 8 taluka and six polling booths at Basavakalyan taluka.
3. The petitioner shall ensure that every person entering the precincts of the polling booth including polling officers shall be subject to thermal scanning and if any person has any ailment, such as cold, cough, fever etc., he/she shall not be permitted to enter the polling booth.
4. The petitioner shall ensure that there is no congregation inside or outside the polling booths.
8. In short, the petitioner shall take all necessary measures required to ensure that the persons who come to the polling centre should be fully protected against Covid-19. The Deputy Commissioner, Bidar shall ensure the strict compliance of the direction issued by this Court at the time of holding the elections by the petitioner.
9. The respondent No.5 is directed to take all necessary steps to hold the elections to the petitioner and 9 also to ensure the aforesaid directions issued by the Court are strictly complied.
10. In view of the above, the impugned order passed by the respondent No.4 bearing No.Kam/Ele/CR- 01/2021-22 dated 16.08.2021 (Annexure-N) is quashed. Hence, the petition is disposed off.
Office is directed to serve a copy of this order during the course of the day to the petitioner as well as to the learned Principal Government Advocate.
Sd/-
JUDGE Srt