Karnataka High Court
Shivali Milk Producer vs The Additional Registrar Of on 15 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 15TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 108123 OF 2025 (CS - RES)
C/W
WRIT PETITION NO. 104391 OF 2025 (CS -EL/M)
IN W.P.NO.108123/2025:
BETWEEN:
1. SHIVALLI MILK PRODUCER
CO-OPERATIVE SOCIETY SHIVALLI,
AT.POST. SHIVALLI, TQ.DIST. DHARWAD,
PIN. 580112,
REP. BY CHIEF EXECUTIVE OFFICER.
2. SRI. SHANKRAPPA MUGAD
S/O. VEERAPPA MUGAD,
AGE. 58 YEARS, OCC. AGRI.,
AT.POST. SHIVALLI,
TQ.DIST. DHARWAD - 580 112.
PRESIDENT OF DHARWAD GADAG
AND UTTARAKANNADA DISTRICT,
MILK PRODUCER CO-OPERATIVE,
UNION LTD DHARWAD, AND
REPRESENTATIVE/DIRECTOR,
OF PETITIONER NO.1, SOCIETY.
...PETITIONERS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL A/W
SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATES)
AND:
1. THE ADDITIONAL REGISTRAR OF
CO-OPERATIVE SOCIETIES,
DEPARTEMENT OF CO-OPERATIVE
ALI ASKAR ROAD, BENGALURU - 560 001.
2
2. THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
BELAGAVI SUB DIVISION, BELAGAVI-590 001.
3. DHARWAD, GADAG,
AND UTTARAKANNADA DISTRICT,
MILK PRODUCE CO-OPERATIVE,
UNION LTD DHARWAD,
DIST. DHARWAD - 580 001
REP BY MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SRI. RAMESH CHIGARI, AGA FOR R1 & R2;
SRI. A.D.KULKARNI, ADVOCATE FOR R3;
SRI. RAJASHEKHAR BURJI, ADVOCATE FOR PROP. R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE ORDER BEARING
NO.AA.MUM.SA-49/TURTU SABE/2025-26/2269 DATED 30.10.2025
ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-A, WHICH WAS
ISSUED WITH REFERENCE TO THE LETTER NO. ANE (HAINUGARIKE)
/29(E)/ 113/ 2025-26 DATED 28.10.2025 ISSUED BY RESPONDENT
NO.1 WHO HAS NO JURISDICTION. II. ISSUE A WRIT IN THE NATURE
OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER
THE REPRESENTATION DATED 21.10.2025 AND 27.10.2025 VIDE
ANNEXURES H AND J RESPECTIVELY, AND NOT TO INTERFERE IN THE
AFFAIRS OF PRESIDENT AND DIRECTOR OF RESPONDENT UNION IN
THE INTEREST OF JUSTICE AND ETC.,
IN W.P.NO.104391/2025:
BETWEEN:
SRI. SHANKRAPPA MUGAD S/O. VEERAPPA MUGAD,
AGE. 58 YEARS, OCC. AGRI.,
AT.POST. SHIVALLI,
TQ.DIST. DHARWAD - 580 112.
PRESIDENT OF DHARWAD GADAG
AND UTTARAKANNADA DISTRICT,
MILK PRODUCER CO-OPERATIVE
SOCIETIES UNION LTD DHARWAD.
...PETITIONER
3
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL A/W
SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATES)
AND:
1. THE CO-OPERATIVE SOCIETIES
ELECTION AUTHORITY,
BY IT'S COMMISSIONER 3RD FLOOR,
T. T. M. C. BUILDING,
A BLOCK, SHANTI NAGAR,
BENGALORE - 560 027.
2. FEDERAL CO- OPERATIVE SOCIETIES
ELECTION OFFICER, AND
DEPUTY COMMISSIONER,
DHARWAD ,
DIST: DHARWAD - 580 001.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
DHARWAD , DIST: DHARWAD,
M. D. PATRAVALI BUILDING,
7TH CROSS, MALMADDI,
NEAR RAILWAY STATION,
DHARWAD - 580 001.
4. DHARWAD, GADAG AND
UTTARAKANNADA DISTRICT,
MILK PRODUCER CO-OPERATIVE
UNION LTD., DHARWAD,
DIST: DHARWAD - 580 001,
REP BY MANAGING DIRECTOR.
5. NEELAKANTH ASUTI S/O. SHIVAPPA ASUTI,
AGED ABOUT 76 YEARS,
OCC: AGRICULTURE,
R/O: NO.71, GOKUL ROAD,
J.P.NAGAR, HUBBALLI - 580 030,
TQ: HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SRI. RAMESH CHIGARI, AGA FOR R1 & R2;
SRI. I.Y.PATIL, ADVOCATE FOR R4;
SRI. RAJASHEKHAR BURJI, ADVOCATE FOR PROP R5)
4
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE ORDER BEARING NO.
KRA.CHUNAVANE/VAHI.04/2025-26 DATED 03.07.2025 ISSUED BY
RESPONDENT NO. 2 VIDE ANNEXURE-A. II. A WRIT IN THE NATURE
OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO PROCEED
FURTHER TILL THE DECLARATION OF RESULT OF PRIMARY SOCIETY
OF SHIVALLI MILK PRODUCED CO-OPERATIVE SOCIETY WHICH IS
PENDING BEFORE THE HON'BLE COURT IN WP NO. 103377/2025 IN
THE INTEREST OF JUSTICE AND ETC.,
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED
ON 20.11.2025 AND COMING ON FOR PRONOUNCEMENT, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
W.P.No.104391 of 2025 is preferred by the President of Dharwad
Gadag and Uttara Kannada District Milk Producer Co-operative Union
Ltd., Dharwad ('Union' for short). The companion petition
W.P.No.108123 of 2025 is preferred by the Shivalli Milk Proucer
Cooperative Society, Shivalli ('Society' for short) and the 2nd petitioner
being the petitioner in the companion petition W.P.No.104391 of 2025.
Since W.P.No. 108123 of 2025 is an offshoot of W.P.No.104391 of
2025, the two are taken up together and considered by this common
order.
2. Heard Sri Jayakumar S Patil, learned senior counsel appearing
for petitioners; Sri Gangadhar J.M, Additional Advocate General
appearing for respondents 1 and 2; Sri A D Kulkarni and Sri I Y Patil,
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learned counsels appearing for the Union, and Sri Rajashekhar Burji,
learned counsel appearing for the impleading applicants, in both the
petitions.
3. The first of the writ petition to be filed was W.P.No.104391 of
2025. The prayer in the petition was seeking quashment of an order
dated 03-07-2025 to appoint a returning officer for election to the post
of President of the 4th respondent and to the post of Director of
Alnawar, Dharwad, Navalgund and Annigeri Taluk Constituency.
Therefore, the challenge is to the proposal to appoint a Returning
Officer for conduct of an election.
4. Brief Facts in both the writ petitions are as follows:
4.1. The 4th respondent in W.P.No.104391 of 2025, is a Federal
Society established in the year 1984-85. The petitioner in the said
writ petition is elected as Director of Alnawar, Dharwad, Navalgund
and Annigeri Taluk in an election conducted on 30-06-2024. The
petitioner is then elected as the President of the Union on 12-07-2024.
During the subsistence of the term of the petitioner, the 3rd
respondent appointed the Returning Officer for conduct of elections.
Draft eligible electoral list and ineligible electroral list was notified on
08-10-2024. The calendar of events is issued by the Returning Officer
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on 15-05-25 of the Shivalli Milk Proucer Cooperative Society. The
Jonit Registrar Cooperative Societies stayed the caledar of events in
terms of his order dated 26-05-2025. This action is challenged before
this Court in W.P.103377 of 2025 by the Society. The said writ
petition is said to be pending adjudication. The Deputy Registrar of
Cooperative Societies, in terms of his order dated 28-05-2025, stayed
the order of the Joint Registrar of Cooperative Societies staying the
calendar of events, on the score that it was without jurisdiction.
4.2. A representation comes to be submitted to the 2nd
respondent by the petitioner contending that W.P.No.103377 of 2025
is pending consideration, therefore, the election should not proceeded
further. The impugned order is passed rejecting the said
representation of the petitioner and sought to proceed with the
elections. Pursuant to the rejection, the Deputy Commissioner is said
to have corresponded with the Commissioner of the Cooperative
Election Authority and appointed a Returning Officer to conduct
election to the post of President and Vice-President of the respondent
Union and the post of Director of Alnavar, Dharwad, Navalgund and
Annigeri. It is at that time, the subject petition W.P.104391 of 2025 is
preferred. The coordinate bench of this Court, in terms of an order
dated 07-07-25 granted an interm order of stay of all further
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proceedings pursuant to the impugned correspondence dated
03-07-2025.
4.3. It is the averment in the petition that the 3rd respondent
ignoring the interim order, issued a notice to proceed with the
elections. Those orders come to be stayed by the coordinate bench of
this Court in the pending W.P.No.103377 of 2025. This comes to be
challenged before the Divsiion Bench in W.A.No.100455 of 2025. The
Division Bench of this Court in terms of its order dated 04-09-2025
disposed the writ appeal with a direction to proceed with the election
and to place the results of election in a sealed cover before the
Registrar, while further directing the learned single Judge to dispose
W.P.No.103377 of 2025. Both these orders are called in question
before the Apex court. The Apex Court, in terms of its order dated
15-09-2025 directed the learned single Judge to dispose W.P.103377
of 2025 while observing that the respondents were free to declare the
results of the election of the Society.
4.4. The learned single Judge on 22-09-2025 directed
declaration of the results of the election to the Society, but the interim
order dated 07-07-25 in W.P. 104391 of 2025 was still subsisting. The
Union issues notice, without considering the interim order subsisting in
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W.P.104391 of 2025 dated 07-07-2025. It is this action of the Union
dated 30-10-2025 declaring that there is a vacancy to the post of
Director of the Union and notifies coopting a Director from another
Society that forms the fulcrum of the lis in W.P.No.108123 of 2025.
As observed hereinabove, since one is the offshoot of another, the two
are taken up together.
5.1. The learned senior counsel Sri Jayakumar S Patil, would
vehemently contend that there is no question of coopting another
Director, as the 2nd petitioner in W.P.No.108123 of 25 continues to be
the Director. His alleged disqualification is stayed by the Joing
Registrar of Cooperative Societies. The learned senior counsel would
submit that the history dates back to W.P.No.107121 of 2024 wherein
an interim order was operating and on the date of pronouncement, the
7th respondent/complainant therein through his counsel sought
withdrawal of the complaint dated 6-11-2024 filed before the Deputy
Registrar of Cooperative Societies. After the disposal of the petition,
an administrator comes to be appointed to the Society.
5.2. The petitioner then files an application in the pending writ
petition 107121 of 2024. This Court, on 04-04-2025 ordered that if
the complainant would want to withdraw the complaint, it is for him to
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appear before the Authority, who passed the order appointing the
Adminsitrator. On 01-04-2025, the appointment of Administrator is
stayed by the Secretary. On 14-05-2025 the Deputy Registrar of
Cooperative Societies passes an order directing the Returning Officer
to conduct the election of the Society, who issued calendar of events.
That is challenged before this Court in W.P.103377 of 2025. An order
then comes to be passed by the Additional Registrar of Cooperative
Societies under Section 29C of the Karntaka Cooperative Societies Act,
1959 ('Act' for short) disqualifying the petitioner. This order was
stayed by the Deputy Registrar of Cooperative Societies in terms of his
order dated 30-06-2025. Notwishstanding the aforesaid proceedings,
owing to serious policitical pressure, the post in which the petitioner
was still functioning was declared to have become vacant on account
of disqualification, notifies the elections and the aftermath is the
present two petitions filed. The learned senior submits that at every
step the respondents wanted to scuttle the orders passed by this
Court.
6. Per-contra, the learned Additional Advocate General
representing the State would vehemently refute the submissions
contending that the petitioner somehow wants to remain in power.
The elections that are sought to be conducted from time to time have
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all sought to be stalled. The petitioner cannot continue as the
Director, as he has been disqualified. The petitioner contends that the
disqualification is stayed by the Deputy Registrar of Cooperative
Societies. The original file does not contain the stay order at all. In
that light the petitioner today is a disqualified Director and therefore,
no fault can be found with the action impugned in terms of the
communication dated 30-10-2025, whereby the cooption of a Director
another Society has become imperative. Therefore, the petition
deserves to be rejected and further declaration of results of election be
permitted.
7. The private respondents also would toe the lines of the
learned Additional Advocate General including the impleading
applicants. The impleading applicants would further add that the
petitioner being a disqualified Director under Section 29C of the Act by
an order of the ARCS dated 02-06-2025, has no locus to challenge any
of the action qua the Society. He would submit that declaration of
results has been the order of the Apex Court, therefore, the
declaration of results cannot remain only declaration, but will have to
be taken forward to its logical conclusion.
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8. I have given my anxious consideration to the submissions
made by the learned senior Counsel and other respective learned
counsel and have perused the material on record.
9. The afore-narrated facts are not in dispute. A little walk in the
history of the dispute is necessary to be noticed. The very Society was
before this Court in Writ Petition No.107121 of 2025, which comes to
be disposed by an order dated 04-04-2025. The reasons rendered
therein would be necessary to capture the backdrop of the present
problem. The reasons so rendered while disposing the petition reads
as follows:
9. The afore-narrated facts are not in dispute. It would
suffice, if the narration of the issue in the lis would commence from
06-01-2020. Elections to the 1st petitioner/Society was held on
06-01-2020 and petitioners 2 to 13 were elected as office bearers
of the 1st petitioner. The term was for a period of five years. The
petitioner No.5 serves as a Chairman of the Karnataka Milk
Federation, Dharwad. The term of five years was to come to an end
on 05-01-2025.
10. Certain provisions of the Karnataka Co-operative
Societies Rules are germane to be noticed for consideration of the
issue in the lis. Rule 13A, 13B and 13D read as follows:
"13-A. Issue of identify card to members:
The Chief Executive shall issue to every member of the
society an identify card indicating the name of the society, full
name, membership number, age and residential address of the
member. The recent passport size photo of the member shall
also be affixed on the identity card of the society duly signed by
him and attested by the Chief Executive under the seal of the
society.
13-B.Co-operative Election Authority (CEA):-
12
(1) The Co-operative Election Authority may formulate
guidelines for preparation of the electoral rolls and for the
conduct of elections of all co-operative societies in the state.
(2) Every cooperative society shall furnish such
documents and information which the Co-operative Election
Authority may require from time to time.
(3) The salary and allowances of the Co-operative
Election Authorities shall,-
(a) if he is in service, he shall continue to draw the pay
and allowances applicable as per his service
conditions,
(b) if he is not in service, he shall be paid a salary equal to
the salary drawn with basic pay at the lost pay drawn
of the pay scale applicable to primate secretary or
secretary to this sort. After deducting the pension
amount from the total emoluments drawn.
(c) The conditions of service relating to the payment of
travelling allowance, house rent allowance,
conveyance facilities, sumptuary allowance, medical
facilities, leave facilities shall be as applicable to a
principal secretary or secretary to the government.
(4) The salary and allowances of the Secretary of the Co-
operative Election Authority shall be as under-
(a) He shall continue to draw the pay and allowances
applicable as per his service conditions.
(5) The salaries, allowances, retirement benefits and the
terms and conditions of service (including conduct, discipline
and control) of the officers and other employees of the Co-
operative Election Authority shall be such as those applicable to
the Corresponding category of employees of the State
Government.
... ... ...
13-D. Preparation of Electoral Rolls and calendar of
events.
(1) Election Officer shall, after due verification, send a
consolidated list of all cooperative societies in the district where
elections are due at least 120 days before the date of expiry of
the term of office of the boards to the Co-operative Election
Authority indicating there in the following particulars:-
(a) the name and address of the society;
(b) number of elected directors of the board;
13
(c) the date of expiry of the term of office of the board;
(d) the proposed places where the elections are to be
held or other particulars as required by the Co-
operative Election Authority
(2) The Co-operative Election Authority shall, on receipt
of such reports from the Election Officer of the district,
containing the list of cooperative societies where elections are
due, publish the calendar of events for the preparation of
electoral rolls and the conduct of elections of the boards of the
cooperative societies indicating the name and address of each
society;
(2-A) The election officer shall take steps for
publication of voter list who are not eligible to vote in
the following manner, namely. -
(i) for publication of draft ineligible electoral list,
the chief executive of every cooperative society
shall prepare notice in respect of members not
attending three out of the last five annual
general body meetings and members not
utilizing such minimum services or facilities in
a co-operative year as specified in the bye laws
for three consecutive cooperative years.
(ii) The chief executive of every co-operative
society shall send above prepared notice to all
ineligible members, fifteen days prior to six
months to the date of election of the board by
registered post and an opportunity shall be
given to such member to file their objections, if
any within fifteen days from the date of notice.
(iii) The chief executive of every cooperative society shall
submit the list of ineligible voters to the election
officer along with their objections and also produce
the records pertaining to absence from general body
meeting with attendance and services utilized by
members. He has to produce the records for having
sent the notice along with acknowledgement to the
election officer within thirty days from the date of
notice as specified by the election officer.
(iv) The chief executive of every cooperative society shall
state in his notice that the ineligible voter can appear
before the election officer between thirty days to
sixty days from the date of notice to get the remedy.
(v) The election officer has to hear and dispose the
objections filed by the ineligible voters within sixty
days from the days of submission of objections from
such voters.
14
(vi) The final list of ineligible voters shall be published on
or before fifteen clear days prior to the date of
election.
(3) The Co-operative Election Authority shall take
steps,-
(a) for publication of draft eligible electoral list, a list of
defaulters, a list of members whose repayments will
fall due before the date fixed for publication of final
electoral roll at least forty five days before the date
of general election calling for objections, if any, and
calling upon the defaulter members to repay the
amounts due to the Cooperative Societies at least
fifteen days before the date of general election.
(b) for publication of final eligible voters list on or before
fifteen clear days prior to the date of election.
Provided that the draft list of eligible members and
delegates with right to vote, the list of defaulters and the list of
other members and delegates who are not eligible to vote as
also the final list of electoral rolls and the election calendar shall
be announced on the notice board of the concerned Co-
operative Society and its branches, if any, the local office of the
department of co-operation, website if any of the co-operative
society and such other prominent places having access to the
members and delegates of the co-operative society.
(4) It shall be the duty of every society to furnish
correct information required by the Election Officer to enable
him to prepare the electoral rolls, as directed by the Co-
operative Election Authority.
(5) The chief executive of every cooperative society shall
prepare(i) a draft list of the eligible members or representatives
and delegates with right to vote,(ii) the list of members whose
repayments will fall due before the date fixed for publication of
final electoral roll (iii) and the list of defaulters (iv) to the
society and list of other members or representatives and
delegates who are not eligible to vote at a general election on
the basis of entries in the updated membership register
specifying,-
(a) the name of the member or representative admission
number, the name of the parent or husband and the
address of such member or representative in the
case of an individual member;
(b) the admission number, the name of the society,
name of the delegate proposed to represent the
society in the case of a member society; and submit
the said lists to the Election Officer along with the
15
related books, records documents and any other
information as the Election officer may require, at
least sixty days before the date of election.
(6) The Co-operative Election Authority shall call upon
the chief executive of the co-operative society to obtain from
the member society, the name of an authorized member of the
board of such society as a delegate, together with the
resolution of the board of the said society and the specimen
signature along with photograph of the delegate duly attested
and bearing the seal of the society and furnish all such
information under sub-rule (5).
(7) The final electoral roll shall consist of the following,-
(a) all the individual members with right to vote in
respect of a primary cooperative society; or
(b) all the individual members and the delegates of the
members societies with right to vote in respect of a
secondary cooperative society; or
(c) all the delegates of the member societies with right
to vote in respect of a federal and an apex society.
(8) The copy of such electoral roll in respect of each
society shall be kept open for inspection in the office of such
society as also in the office of the Election Officer.
(9) The election calendar of events for general election
of directors of the board shall provide for,-
(a) date of notification inviting nomination;
(b) last date for receipt of nomination;
(c) date and time for scrutiny of nomination;
(d) date and time for publication of list of validly
nominated candidates;
(e) date and time for withdrawal of nomination papers;
(f) Date and time for publication list of contesting
candidates;
(g) Date and time for allotment of symbols and publication
of contesting candidates with symbols;
(h) Date and time of poll;
(i) Date and time of counting and declaration of results."
(Emphasis supplied)
The afore-quoted Rules form the fulcrum of consideration of the
issue projected. Rule 13D deals with preparation of electoral rolls
and calendar of events. Rule 13D(2A) mandates that the election
officer shall take steps for publication of voters list who are not
eligible to vote in the manner specified therein. Sub-clause (ii)
16
therein mandates that the Chief Executive of every Cooperative
Society shall send above prepared notice to all ineligible members
fifteen days prior to six months to the date of election of the Board
by registered post and an opportunity shall be given to such
members to file their objections, if any, within fifteen days from the
date of notice. Clause (iii) therein mandates that the Chief
Executive of every Cooperative Society shall submit the list of
ineligible voters to the Election Officer along with their objections
and also produce records pertaining to the absence from general
body meeting or any other ineligibility that they have incurred. The
final list of ineligible voters would be published on or before fifteen
clear days prior to the date of election. The aforesaid is the
mandate of law. Its compliance is what is in dispute in the lis. In
terms of law, 195 days prior to expiry of the term, the notice of
ineligible voters list is said to have been sent by muddam or by
hand and the notice is dated 22-06-2024. To the notice, the list of
ineligible voters is appended. Some of them have signed for having
received the notice and some of them have affixed their thumb. All
was well and an order is passed by the 3rd respondent declaring
elections. The order dated 15-11-2024 reads as follows:
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1) ¸ÀAWÀzÀ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ, PÀ.¸À.¸ÀA. ¤AiÀĪÀÄUÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 r(2-J)
gÀ£ÀéAiÀÄ ¸ÀAWÀzÀ »A¢£À 5 ªÀµÀðUÀ¼À ªÁ¶ðPÀ ¸ÁªÀiÁ£Àå ¸À¨sÉAiÀÄ°è PÀ¤µÀ× 2 ¸ÁªÀiÁ£Àå¸À¨sÉUÉ ºÁdgÁUÀzÉÃ
EgÀĪÀ ºÁUÀÆ ¸ÀAWÀzÀ G¥À«¢ü¸ÀASÉå 18 gÀ£ÀéAiÀÄPÀ¤µÀ× ¸ÉêÉUÀ¼ÀÄ ªÀÄvÀÄÛ ¸Ë®¨sÀåUÀ¼À£ÀÄß §¼À¸ÀzÉà EgÀĪÀ
¸ÀzÀ¸ÀågÀ£ÀÄß PÀgÀqÀÄ C£ÀºÀð ¥ÀnÖAiÀÄ°è ¸ÉÃ¥Àðr¹, PÀgÀqÀÄ D£ÀºÀð ¥ÀnÖAiÀÄ£ÀÄß ¹zÀÞ¥Àr¹. 195 ¢£ÀUÀ¼À
ªÀÄÄAavÀªÁV CªÀjUÉ £ÉÆÃn¸ï ¤ÃqÀ¨ÉÃPÁVgÀÄvÀÛzÉ. CzÀgÀAvÉ C£ÀºÀð ¸ÀzÀ¸ÀåjUÉ 195 ¢£À ªÀÄÄAavÀªÁV
ªÀÄÄzÁÝA £ÉÆÃn¸ÀÄ ¤Ãr ¹éÃPÀÈw ¥ÀqÉAiÀįÁVzÉ.
¸À£ï 2019-20 ºÁUÀÆ 2020-21 £Éà ¸Á°£À ªÁ¶ðPÀ ªÀĺÁ¸À¨sÉAiÀÄ£ÀÄß
PÉÆëqï - 19 gÀ ¸ÁAPÀæ 4 D«ÄPÀ gÉÆÃUÀ¢AzÀ ¸ÀzÀgÀ ¸À¨sÉUÀ¼À£ÀÄß «rAiÉÆà ¸ÀAªÁzÀzÀ ªÀÄÄSÁAvÀgÀ
dgÀÄV¹zÉ. CzÁUÀÆå PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀÄ F ¸À¨sÉUÀ½UÉ ¨sËwPÀªÁV ºÁdgÁVgÀÄvÁÛgÉ. £ÀAvÀgÀzÀ CªÀ¢üUÀ¼ÀÄ
CAzÀgÉ 2021-22 £Éà ºÁUÀÆ 2022-23 gÀ ªÀD¶ðPÀ ªÀĺÁ¸À¨sÉUÀ¼À£ÀÄß PÀ.¸À.¸ÀA. ¤AiÀĪÀÄUÀ¼ÀÄ 1960 gÀ
¤AiÀĪÀÄ 14 JeÉ gÀ£ÀéAiÀÄ CªÀð ¸ÀzÀ¸ÀåjUÀÆ ¸À¨sÁ £ÉÆÃn¸ÀÄ ¤Ãr ¸À¨sÉUÀ¼À£ÀÄß dgÀÄV¹zÉ.
C£ÀºÀð ªÀÄvÀzÁgÀjUÉ, CAzÀgÉ PÀ¤µÀ× JgÀqÀÄ ªÁ¶ðPÀ ªÀĺÁ¸À¨sÉUÉ ºÁdgÁUÀzÉà EzÀݪÀjUÉ
ºÁUÀÆ G¥À«¢üUÀ¼À ¸ÀASÉå 18 gÀ CrAiÀÄ°è ¸ÀzÀ¸ÀågÀÄ ¤ªÀð»¸À¨ÉÃPÁzÀ PÀ¤µÀÖ ªÀåªÀºÁgÀ CxÀªÁ
§¼À¹PÉƼÀÀÄzÁzÀ ¸ÉêÉUÀ¼À£ÀÄß §¼À¹PÉƼÀîzÉà EgÀĪÀ ¸ÀzÀ¸ÀåjUÉ PÀ.¸À.¸ÀA.: ¤AiÀĪÀÄUÀ¼ÀÄ 1960 gÀ
¤AiÀĪÀÄ 13 r(2-J)(ii) CrAiÀÄ°è 195 ¢£ÀUÀ¼À £ÉÆÃn¸À£ÀÄß ªÀÄÄzÁæA ¸ÀܽÃAiÀĪÁV eÁj ªÀiÁqÀĪÀAvÉ
17
¤Ãr CzÀjAzÀ ¹éÃPÀÈw ¥ÀqÉAiÀįÁVzÉ. ºÁUÀÆ EzÀĪÀgÉUÀÆ AiÀiÁªÀÅzÉà ¸ÀzÀ¸ÀågÀÄ F £ÉÆÃn¹UÉ vÀªÀÄä
DPÉëÃ¥ÀuÉ ¸À°è¹gÀĪÀÅ¢®è. »ÃUÁV CAvÀºÀ J®è ¸ÀzÀ¸ÀågÀ ºÉ¸ÀgÀ£ÀÄß C£ÀºÀð ªÀÄvÀzÁgÀgÀ AiÀiÁ¢AiÀÄ°è
¸ÉÃj¸À¯ÁVzÉ.
vÀªÀÄä PÀZÉÃjUÉ zÀÆgÀfð ¸À°è¸ÀzÀªÀjUÀÆ ¸ÀºÀ ¤AiÀĪÀÄ 13 r(2-J)(ii) Cr £ÉÆÃn¸ÀÄ ¤ÃqÀ®Ä
CªÀgÀÄ ¤ÃrzÀ «¼Á¸ÀPÉÌ ºÉÆÃzÀ°è ¸ÀzÀjAiÀĪÀgÀÄ vÀªÀÄä ªÀÄ£ÉAiÀÄ°è EgÀĪÀÅ¢®è »ÃUÁV ¸ÀzÀjAiÀĪÀjUÉ F
£ÉÆÃn¸ÀÄ eÁjAiÀiÁVgÀĪÀÅ¢®è.
PÁgÀt PÀ.¸À.£ÀA. ¤AiÀĪÀÄUÀ¼ÀÄ 1960gÀ ¤AiÀĪÀÄ 13 gÀ CrAiÀÄ°è EgÀĪÀ CªÀPÁ±À¼ÀAvÉ vÁvÁÌ°PÀ
CºÀWÀ ºÁUÀÆ C£ÀºÀð ªÀÄvÀzÁgÀgÀ AiÀiÁ¢AiÀÄ£ÀÄß vÀAiÀiÁj¹ ¸ÀAWÀzÀ £ÉÆÃn¸ÀÄ ¨ÉÆÃrðUÉ ®UÀwÛ¹zÉ
JAzÀÄ `°TvÀ ºÉýPÉAiÀÄ£ÀÄß ¸À°è¹gÀÄvÁÛgÉ.
CfðzÁgÀgÀÄ ªÁºÀ£À ¸ÀªÀĸÉåAiÀiÁVgÀĪÀÅzÀjAzÀ vÀqÀªÁV §A¢gÀĪÀÅzÁV w½¹zÀÄÝ. ºÁUÁV 2.
«ZÁgÀuÉUÉ §gÀ®Ä vÀqÀªÁ¬ÄvÀÄ JAzÀÄ w½¹gÀĪÀzÀjAzÀ CºÀªÁ®£ÀÄß ¥ÀjUÀt¸À®Ä «£ÀAw¹gÀĪÀÅzÀ£ÀÄß
"¥ÀjUÀt¹, ¸ÁªÀiÁfvÀ »vÀzÀȶ֬ÄAzÀ «ZÁgÀuÉAiÀÄ£ÀÄß ªÀÄÄAzÀĪÀgɹzÀÄÝ, FPɼÀV£ÀAvÉ °TvÀ
ºÉýPÉAiÀÄ£ÀÄß ¸À°è¹gÀÄvÁÛgÉ.
2) CfðzÁgÀgÁzÀ ²æà PÀ®è¥À ¨sÀgÀªÀÄ¥Àà PÁ½ EªÀgÀÄ ¸ÀAWÀzÀ DqÀ½vÀ ªÀÄAqÀ½ ZÀÄ£ÁªÀuÉUÉ
¸ÀA§A¢ü¹zÀAvÉ, PÀ.¸À.¸ÀA. ¤AiÀĪÀÄUÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 r(2-J) gÀ£ÀéAiÀÄ ZÀÄ£ÁªÀuÁ ¢£ÁAPÀQÌAvÀ
¥ÀǪÀð PÀ¤µÀ× 195 ¢£ÀUÀ¼À £ÉÆÃa¸ÀÄ £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ ¸ÀAWÀzÀ ¸ÀzÀ¸ÀåjUÉ eÁj
ªÀiÁqÀĪÀÅzÀÄ. PÀqÁØAiÀÄ DVgÀÄvÀÛzÉ, CzÁzÀ£ÀAvÀgÀ ¤AiÀĪÀÄ 13 r (2-J gÀ°è PÀqÁØAiÀĪÁV ¥Á®£É
ªÀiÁrzÀ £ÀAvÀgÀ CAzÀgÉ 195 ¢£ÀUÀ¼À ªÀÄÄAavÀªÁV £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ £ÉÆÃn¸ÀÄ eÁj
ªÀiÁrzÀ £ÀAvÀgÀ ¸ÀzÀ¸ÀågÀÄ ºÉýPÉ/vÀPÀgÁgÀÄ ¥ÀqÉzÀ £ÀAvÀgÀ Da²ªÀÄ CºÀð ªÀÄvÀzÁgÀgÀ AiÀiÁ¢AiÀÄ£ÀÄß
¥ÀæPÀn¹, ZÀÄ£ÁªÀuÉ dgÀÄV¸À®Ä «£ÀAw¹, DzÀgÉ ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀ ¤. ²ªÀ½î vÁ: f:
zsÁgÀªÁqÀ EªÀgÀÄ ¤AiÀĪÀÄ 13 r(2-J) gÀ£ÀéAiÀÄ £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ £ÉÆÃn¸ÀÄ eÁj
ªÀiÁrgÀĪÀÅ¢®è. PÁgÀt £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ 195 ¢£ÀUÀ¼À £ÉÆÃn¸ÀÄ eÁj ªÀiÁrzÀ £ÀAvÀgÀ
CºÀð, C£ÀºÀð ªÀÄvÀzÁgÀgÀ AiÀiÁ¢AiÀÄ£ÀÄß ¥ÀæPÀn¸À®Ä «£ÀAw¹ ºÉýPÉAiÀÄ£ÀÄß ¸À°è¹gÀÄvÁÛgÉ.
G¨sÀAiÀÄvÀgÀgÀ ºÉýPÉAiÀÄ£ÀÄß ¥Àj²Ã°¹, PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 gÀ
¤AiÀĪÀÄ 13 D (2-A) ¥Àæw ¸ÀºÀPÁgÀ ¸ÀAWÀzÀ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ J¯Áè C£ÀºÀð ¸ÀzÀ¸ÀåjUÉ
ªÉÄð£ÀAvÉ ¹zÀÞ¥Àr¹zÀ £ÉÆÃl¸ï C£ÀÄß 6 wAUÀ¼À ªÉÆzÀ®Ä ªÀÄAqÀ½AiÀÄ ZÀÄ£ÁªÀuÉAiÀÄ ¢£ÁAPÀPÉÌ 15
¢£ÀUÀ¼À ªÉÆzÀ®Ä £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ PÀ¼ÀÄ»¸ÀvÀPÀÌzÀÄÝ JA§ ¤AiÀĪÀÄ«zÀÝgÀÆ ¸ÀºÀ ¸ÀzÀgÀ
¸ÀAWÀzÀ PÁAiÀÄðzÀ²ðAiÀĪÀgÀÄ F ¤AiÀĪÀÄ ¥Á®£Éà ªÀiÁqÀzÉà EgÀĪÀÅzÀÄ UÀªÀÄ£ÀPÉÌ §A¢zÀÄÝ, ºÁUÁV
¸ÀAWÀzÀ PÁAiÀÄðzÀ²ðAiÀĪÀgÀÄ ¤AiÀĪÀiÁªÀ½AiÀÄ G®èAWÀ£É ªÀiÁrgÀĪÀÅzÀÄ PÀAqÀħA¢zÀÄ. ¸ÁªÀiÁfPÀ
£ÁåAiÀÄzÀ »vÀzÀȶ֬ÄAzÀ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 D (2-A)
gÀ£ÀéAiÀÄ ªÀÄvÉÆÛªÉÄä C£ÀĸÀj¹, PÀæªÀÄ«qÀ®Ä ¸ÀÆa¹zÉ."
(gÀªÉÄñÀ ¨ÉUÀ°)
¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ,
zsÁgÀªÁqÀf¯Éè, zsÁgÀªÁqÀ"
It is at that stage the petitioners are before this Court.
11. The issue would be, whether the mode of service taken by
way of muddam to all the members can meet the mandate of law. It,
therefore, becomes germane to notice the order passed by the Division
Bench in MYSORE AND CHAMARAJANAGAR DISTRICT CO-
OPERATIVE BANK LIMITED AND OTHERS v. STATE OF
KARNATAKA AND OTHERS (W.A.No.1333 of 2023 and connected
cases decided on 02-01-2024) which though not considered the
18
rigour of Rule 13D(2A), but considered Rule 13 as a whole. The
Division Bench has held as follows:
"IX. ... ... ...
(c) We are also conscious that the provisions of Rules that
regulate the preparation for conducting elections in the Co-operative
Societies do merit recasting so that there would be clarity as to
which duty needs to be performed by whom and that by electoral
process, new Boards are constituted before the expiry of the tenure
of the existing ones. The proviso to section 39A obligates the CEA to
'start the preparatory work for the preparation of the electoral rolls
for and the conduct of the elections during the last six months prior
to the expiry of the term of office of the board of a cooperative
society.' The provisions of Rules 13-C & 13-D cast a duty on the CEA
to cause preparation & publication of list of eligible electors, list of
defaulters and list of alarmed potential defaulters and thereafter to
publish the 'final eligible voters list on or before fifteen clear days
prior to the date of election'. Under Rule 13-D(4), a duty is cast on
'every society to furnish correct information required by the Election
Officer to enable him to prepare the electoral rolls, as directed by the
Co-operative Election Authority.' Sub-Rules (5) & (6) of Rule 13-D
cast a facilitative duty on the Chief Executive of every Co-operative
Society in this regard.
(d) We notice that Rule 13-C(2) of 1960 Rules
mandates the Chief Executive of the Society to prepare
electoral rolls, of course which go for the approval of
jurisdictional EO. Rule 13-D(2) authorizes the CEA to publish
the Calendar of Events for the preparation of electoral rolls
and the conduct of elections of the Boards of Co-operative
Societies. Rule 13-D(2)(A) directs the EO to take steps for
publication of ineligible Voter List. Rule 13- D(4) casts a
facilitative duty on every Co-operative Society in this regard.
A similar duty also rests on the shoulders of Chief Executive
of every Society in terms of sub-Rules (5) & (6) of Rule 13-D.
There appears to be some incoherence in the provisions inter
se. They yield scope for amplifying the levels of clarity so that
one entity does not blame the other and thereby escapes from
its obligation, in the matter of taking steps preparatory to and
conducting periodical elections. Much deliberation in this
regard we do not intend to undertake.
(e) In the light of above discussion, we are inclined to accept
the submission of Prof.Ravivarma Kumar that all the adverse
remarks made in the impugned judgements need to be expunged.
That being done, we hasten to add that the CEA may treat itself as
advised, hereafter to be more cautious & efficacious in discharging
its functions and ensure the holding of periodical elections in very
Co-operative Society, leaving no space for accusation/remarks of the
kind. 'There is scope for improvement even in heaven', said Oscar
Wilde (1854- 1900). More is not necessary to specify.
19
X) AS TO DESIRABILITY OF CONDUCTING ELECTIONS TO THE
BOARDS OF DCC BANKS EXPEDITIOUSLY:
(a) All the above being said, we are of a considered view that
the right to form a Co-operative Society itself being a Fundamental
Right as already discussed above, the holding of elections to the
Boards of DCC Banks, cannot be deferred or delayed indefinitely, as
has deplorably happened in the cases at hands. Now that the CEA
and the jurisdictional EOs are taking steps on a war footing, the
process of elections should be accomplished in true letter & spirit of
the impugned judgements. At the same time, we permit marginal
relaxation qua the timelines prescribed by the extant Rules and also
the period fixed by the learned Single Judge in his order dated
10.10.2023, keeping in view the apparent difficulties the authorities
may counter in the exercise. Since this concession is being made in
the peculiar circumstances of the case, no one need to have an
apprehension that this view would be having any precedential value,
for being tapped in any other case."
(Emphasis supplied)
The Division Bench was affirming the order of the learned
single Judge. The learned single Judge considers the mandate of
Rule 13D(2A), but not with regard to mode of service, but with
regard to the mandate of timeline i.e., 6 months from the date of
expiry of the term. The learned single Judge has, in the case of
M.KUMAR AND OTHERS v. STATE OF KARNATAKA
(W.P.No.20333 of 2023 and connected cases decided on 10-
10-2023) held as follows:
"8. As per the Act and the Rules made thereunder, the
responsibility of conducting the elections is both on the
Chief Executive Officer of the Society as well as the Election
Authority. The role of the Chief Executive Officer becomes
important in preparation of the electoral roll.
9. Rule 13-D(2-A) of the Rules reads as under:
"Rule 13-D: Preparation of Electoral Rolls and calendar of
events.-
(1) xxx
(2) xxx
(2-A) The election officer shall take steps for publication of
voter list who are not eligible to vote in the following manner,
namely.-
(i) For publication of draft ineligible electoral list, the chief
executive of every cooperative society shall prepare
notice in respect of members not attending three out of
the last five annual general body meetings and
20
members not utilizing such minimum services or
facilities in a co-operative year as specified in the
byelaws for three consecutive co-operative years.
(ii) The chief executive of every co-operative society shall send
above prepared notice to all ineligible members, fifteen days
prior to six months to the date of election of the board by
registered post and an opportunity shall be given to such
member to file their objections, if any within fifteen days from
the date of notice.
(iii) The chief executive of every co-operative society shall submit
the list of ineligible voters to the election officer along with
their objections and also produce the records pertaining to
absence from general body meeting with attendance and
services utilized by members. He has to produce the records
for having sent the notice along with acknowledgement to the
election officer within thirty days from the date of notice as
specified by the election officer.
(iv) The chief executive of every cooperative society shall state in
his notice that the ineligible voter can appear before the
election officer between thirty days to sixty days from the date
of notice to get the remedy.
(v) The election officer has to hear and dispose the objections filed
by the ineligible voters within sixty days from the days of
submission of objections from such voters.
(vi) The final list of ineligible voters shall be published on or before
fifteen clear days prior to the date of election."
10. Section 39-AA (clause 15) of the Act reads as under:
"Section 39-AA: Co-operative Election Commission.-
(1) TO (14)- xxx
(15) The board of every cooperative society shall.-
(a) inform the Co-operative Election Authority about
the expiry of its term of office at least six months
before the date of expiry of such term;
(b) furnish such books records and information as
the Authority may require as per the calendar
prescribed by the Co-operative Election
Authority; and
(c) provide all necessary help, assistance and co-
operation for the smooth preparation of electoral
rolls for and the conduct of elections."
A reading of the aforesaid provisions makes it clear that the Chief
Executive Officer of every Co-operative Society is required to verify
who are the ineligible members and he is required to send a notice
to them mentioning the grounds on which they are being
considered as ineligible to vote in the ensuing elections and the
21
said notice has to be sent 15 days prior to six months to the date
of election of the Society (Board) by registered post and an
opportunity also has to be given to such member to file his
objections, if any, within 15 days from the date of the said notice.
Apart from sending of the said notice, the Chief Executive Officer
before six months prior to the expiry of the term of the Board is
required to intimate the Election Officer the date of expiry of the
term of the Board of the Society and request for election to be held
to such Society.
11. In the instant case, admittedly, the notice as
contemplated under Rule 13-D(2-A)(ii) of the Rules has not
been sent within the time stipulated and it had been sent as
late as 03.08.2023. However, the Chief Executive Officer has
informed the Election Officer about the expiry of the term of
the Board as stipulated and the same has been informed on
04.05.2023.
12. Further, the Chief Executive Officer of the Society
is required to intimate the alleged ineligible voter to whom
the notice is sent that he can appear before the Election
Officer between 30 to 60 days from the date of notice. This
aspect has not been mentioned in the notice issued in the
instant case.
13. After receipt of the letter from the Chief Executive
Officer about the date on which the term of the Board comes
to an end, a calendar of events as contemplated under Rule
13-D(2) of the Rules has to be issued by the Co-operative
Election Authority.
14. Rule 13-D(2) of the Rules reads as under:
"13-D(2). The Co-operative Election Authority shall,
on receipt of such reports from the Election Officer,
containing the list of cooperative societies where
elections are due, publish the calendar of events for
the preparation of electoral rolls and the conduct of
elections of the boards of the co-operative societies
indicating the name and address of each society."
In the instant case, the said notice has not been
issued by the Election Authority and it is a grave error on
the part of the Election Authority in not doing so. The
Election Authority relies upon an order dated 16.09.2022
bearing No. ¸ÀZÀÄ¥Áæ/DqÀ½vÀ/¥sɸÀ¸ÀAZÀÄ£ÉÃ/17/2022-23 and contends the
same to be a composite order issued under the provisions of
Rule 13-BB and 13-D(2) of the Rules.
15. Rule 13-BB of the Rules deals with appointment of
an Election Officer and the notification that is required to be
issued in this regard. The order referred to by the Election
Authority is precisely that. A reading of the same reveals
22
that an Election Officer is appointed to conduct elections to
the Federal Societies in the entire State and the actions that
he is required to carry out. Rule 13-D(2) requires publishing
of calendar of events for the preparation of electoral rolls
and the conduct of elections to the Boards of the Co-
operative Societies indicating the name and address of each
Society which is absent in the said order. Further, the
subject mentioned in the said order itself reveals that it is
only an order under Rule 13-BB and not Rule 13-D(2) as
contended by the Election Authority.
16. Rule 13-D(2-A)(iii), (v) and (vi) of the Rules reads as
under:
"13-D(2-A)(iii) The chief executive of every co-operative
society shall submit the list of ineligible voters to the election
officer along with their objections and also produce the records
pertaining to absence from general body meeting with
attendance and services utilized by members. He has to
produce the records for having sent the notice along with
acknowledgement to the election officer within thirty days from
the date of notice as specified by the election officer.
(iv) xxxxxxxxxxxxxxx
(v) The election officer has to hear and dispose the
objections filed by the ineligible voters within sixty days
from the days of submission of objections from such
voters.
(vi) The final list of ineligible voters shall be published on or
before fifteen clear days prior to the date of election."
17. Rule 13-D(3), (4) and (5) of the Rules reads as under:
"13-D(3) The Election Officer shall take steps for publication of
voters list in the following manner, namely.-
(a) for publication of draft eligible electoral list, a list of
defaulters, a list of members whose repayments falls due, before
the election date clear fifty days;
(b) for calling objections, if any, calling upon the defaulter
members to repay the amounts due to the cooperative societies on
or before thirty clear days prior to the date of election;
(c) the scrutiny and verification of the voters list after
payment by defaulters etc. clear twenty days before the date of
election;
(d) for publication of final eligible voters list before fifteen
clear days prior to the date of election.
(4) It shall be the duty of every society to furnish correct
information required by the lection Officer to enable him to
approve the electoral rolls as directed by the Co-operative Election
Authority.
23
(5) The chief executive of every cooperative society shall
prepare(i) a draft list of the eligible members or representatives
and delegates with right to vote, (ii) the list of members whose
repayments will fall due before the date fixed for publication of
final electoral roll, (iii) a list of defaulters, (iv) a list of other
members or representatives and delegates who are not eligible to
vote at a general election indicating the reasons for ineligibility
member wise on the basis of entries in the updated membership
register specifying,-
(a) the name of the member or representative, the admission
number, the name of the parent or husband and the address of
such member or representative in the case of an individual
member;
(b) the admission number, the name of the society, name of
the delegate proposed to represent the society in the case of a
member society,
and submit the said lists to the Election Officer along with the
related books, records documents and any other information as
the Election officer may require, at least sixty days before the date
of election."
18. Rule 14 of the Rules reads as under:
"14. Notification of General Election.- (1) The Election Officer shall
with the approval of the CEC notify in Form XI the intended
election referred to in Section 39-AA.
(2) The Election Officer shall in such notification specify.-
(i) the last date for making nominations which shall be
the seventh clear day before the date of election;
(ii) the date for the scrutiny of nominations, which shall be
the day immediately following the last date for making
nominations;
(iii) the last date for the withdrawal of candidatures, which
shall be the fifth clear day before the date of election;
(iv) the date on which the poll shall, if necessary, be taken
and the hours between 9.00 a.m. to 4.00 p.m. during
which the poll shall be taken; and
(v) the date before which the election shall be completed.
(3)(a) On the issue of the notification under sub-rule (1), the
returning officer shall give a public notice of the intended election
in Form XII by displaying it on the notice board in his office and in
the office of the cooperative society and at such other places as he
deems necessary, inviting nominations for such election.
(b) in the said notice, the returning officer shall specify among
other things the last date for receipt of nominations, the place at
which nominations are to be delivered, date of scrutiny of
24
nominations, the last date for withdrawal of candidature, the date
on which a poll shall, if necessary be taken and the hours between
9.00 a.m. to 4.00 p.m. of poll and the date before which elections
shall be completed which shall conform to the dates notified in that
behalf by the Election Officer under subrule (2)."
Thus, the Chief Executive Officer subsequent to issuance of
the notice as contemplated under Rule 13-D(2-A)(ii) of the Rules is
required to submit the list of ineligible voters to the Election Officer
along with their objections and other records as contemplated
under the Rules and the Election Officer has to hear and dispose of
the objections filed by the ineligible voters, if any, within 60 days
from the date of submission of objections from such voters and
thereafter it becomes the responsibility of the Election Officer to
prepare the list of eligible voters and finalise the electoral rolls. In
the meanwhile, the Election Officer is also required to issue a
notification under Rule 14(1) specifying the dates regarding the
elections.
19. In the instant case, admittedly, the Chief Executive
Officer of the Society has not issued notices to ineligible voters as
required in law. The contention of the petitioners that the Society is
not required to adhere to the time limit prescribed in the Rules
cannot be accepted. Rule 13-D(2-A)(ii) of the Rules makes it
mandatory for the Chief Executive Officer to issue notice 15 days
prior to expiry of six months to the date of election to the alleged
ineligible voters stating the reason thereto. This is because the
ineligible voters, if aggrieved, can submit their objections and they
also can be heard. The proposition that electoral roll once
submitted to the Election Officer by Chief Executive Officer, even if
there is any lapse in the same is not a ground for postponing
elections does not hold good in respect of the Co-operative
Societies because in elections to State Legislature or Parliament or
local bodies the responsibility of preparing electoral roll is solely on
the Election Conducting Authority or Election Commission as the
case may be. However, in the instant case, there is a responsibility
on the part of the Chief Executive Officer of the Society as
stipulated in the Act and the Rules in facilitating the preparation of
electoral rolls. Under the given facts and circumstances of the case,
admittedly, there has been a delay on part of the Chief Executive
Officer of the Society in sending notices to the alleged ineligible
members. This has resulted in not giving sufficient time to them to
file their objections and appear before the Election Officer to
redress their grievances, if any. Under the circumstances, it
becomes difficult for the Election Officer to publish the eligible
voter list and this can definitely be a ground for postponing the
elections.
20. The Election Officer based upon the information
provided by the Chief Executive Officer has issued the notification
under Rule 14(1) of the Rules in Form No.11. It is not the calendar
of events which is required to be issued by the Returning Officer at
least 15 days prior to the date of elections as per Rule 13-E of the
25
Rules. The Election Officer after issuance of the notification under
Rule 14(1), upon realisation that eligible and ineligible voters have
not yet been determined, has withdrawn the same and postponed
the elections. I do not see any error in the same.
21. However, as mentioned above, the Chief Executive
Officer of the Society has erred in not issuing the notice to the
alleged ineligible voters within time as contemplated under Rule
13-D(2-A)(ii) and the Co-operative Election Authority has failed to
publish calendar of events for the preparation of electoral rolls and
the conduct of elections of the Board of the Society as
contemplated under Rule 13-D(2). The said acts has resulted in
confusion and postponement of elections to the Society.
22. It is needless to state that whatever may be the
mistakes that have happened, in the interest of the Society as well
as keeping in view the spirit of the Karnataka Co-operative
Societies Act and the co-operative movement it is advisable that an
elected body is constituted at the earliest and powers of governing
of the Society are vested with the elected body rather than an
Administrator appointed by the State.
23. The learned Advocate General appearing for the State
and learned Senior Counsel Professor Ravi Verma Kumar appearing
for the Co-operative Election Authority fairly submitted that
election to the Society was sought to be cancelled because the
electoral roll could not be finalized and that election would be
conducted to the Society within a period of 120 days from today.
The learned Advocate General further submitted that the State has
no intention of penalizing the office bearers of the Society by
disqualifying them.
24. Thus, under the peculiar facts and circumstances of the
case, without making this as a precedent, it would be appropriate
to permit the Co-operative Election Authority to conduct elections
to the Society within a period of 120 days from today with a
direction that they shall not take steps to have the office bearers of
the Board of Society disqualified from contesting future election on
the ground that there was postponement of elections due to the
mistake of the Chief Executive Officer."
(Emphasis supplied)
The coordinate Bench clearly holds that Rule 13D has to be
followed in letter and spirit. Though the consequence of not
following is not enumerated in the Rules, it is axiomatic, as the
mandate of the rule is mode of service by a particular method. The
said mode cannot be given a go-bye.
12. It is trite that if law prescribes a particular method of
execution of the provisions of law, it should be executed in that
manner only and not in any other manner. Circumstance of
26
flexibility cannot override or dilute the mandate of law. The
submission of the learned senior counsel for the petitioners that in
every society the State has accepted the mode of service by
muddam and, therefore the petition has to be allowed is neither
here nor there, as several wrongs cannot make them a right. There
is no concept of negative equality in law. In this it is apposite to
refer to some of the judgments rendered by the Apex Court. The
Apex Court in the case of BABU VERGHESE V. BAR COUNCIL OF
KERALA in (1999) 3 SCC 422, has held as follows:
"31. It is the basic principle of law long settled that if
the manner of doing a particular act is prescribed under any
statute, the act must be done in that manner or not at all.
The origin of this rule is traceable to the decision
in Taylor v. Taylor [(1875) 1 Ch D 426 : 45 LJCh 373] which was
followed by Lord Roche in Nazir Ahmad v. King Emperor [(1936) 63
IA 372 : AIR 1936 PC 253] who stated as under:
"[W]here a power is given to do a certain thing in a certain
way, the thing must be done in that way or not at all."
32. This rule has since been approved by this Court in Rao
Shiv Bahadur Singh v. State of V.P. [AIR 1954 SC 322 : 1954 SCR
1098] and again in Deep Chand v. State of Rajasthan [AIR 1961
SC 1527 : (1962) 1 SCR 662] . These cases were considered by a
three-Judge Bench of this Court in State of U.P. v. Singhara
Singh [AIR 1964 SC 358 : (1964) 1 SCWR 57] and the rule laid
down in Nazir Ahmad case [(1936) 63 IA 372 : AIR 1936 PC 253]
was again upheld. This rule has since been applied to the
exercise of jurisdiction by courts and has also been
recognised as a salutary principle of administrative law."
(Emphasis supplied)
Further, in the case of STATE OF ODISHA V. ANUP KUMAR
SENAPATI in (2019) 19 SCC 626, the Apex Court holds as
follows:
"39. It was lastly submitted that concerning other
persons, the orders have been passed by the Tribunal,
which was affirmed by the High Court and grants-in-aid
have been released under the 1994 Order as such on the
ground of parity this Court should not interfere. No doubt,
there had been a divergence of opinion on the aforesaid
issue. Be that as it may. In our opinion, there is no concept
of negative equality under Article 14 of the Constitution. In
case the person has a right, he has to be treated equally,
but where right is not available a person cannot claim rights
to be treated equally as the right does not exist, negative
equality when the right does not exist, cannot be claimed."
(Emphasis supplied)
27
In the case of STATE OF ORISSA V. MAMATA MOHANTY in
(2011) 3 SCC 436, the Apex Court holds as follows:
"56. It is a settled legal proposition that Article 14 is
not meant to perpetuate illegality and it does not envisage
negative equality. Thus, even if some other similarly
situated persons have been granted some benefit
inadvertently or by mistake, such order does not confer any
legal right on the petitioner to get the same relief.
(Vide Chandigarh Admn. v. Jagjit Singh [(1995) 1 SCC 745 : AIR
1995 SC 705] , Yogesh Kumar v. Govt. of NCT of Delhi [(2003) 3
SCC 548 : 2003 SCC (L&S) 346 : AIR 2003 SC 1241] , Anand
Buttons Ltd. v. State of Haryana [(2005) 9 SCC 164 : AIR 2005 SC
565] , K.K. Bhalla v. State of M.P. [(2006) 3 SCC 581 : AIR 2006
SC 898] , Krishan Bhatt v. State of J&K [(2008) 9 SCC 24 : (2008)
2 SCC (L&S) 783] , Upendra Narayan Singh [(2009) 5 SCC 65 :
(2009) 1 SCC (L&S) 1019] and Union of India v. Kartick Chandra
Mondal [(2010) 2 SCC 422 : (2010) 1 SCC (L&S) 385 : AIR 2010
SC 3455] .)
(Emphasis supplied)
In the case of R. MUTHUKUMAR V. CHAIRMAN AND
MANAGING DIRECTOR TANGEDCO in 2022 SCC OnLine SC
151, the Apex Court holds as follows:
"28. A principle, axiomatic in this country's
constitutional lore is that there is no negative equality. In
other words, if there has been a benefit or advantage
conferred on one or a set of people, without legal basis or
justification, that benefit cannot multiply, or be relied upon
as a principle of parity or equality. In Basawaraj v. Special
Land Acquisition Officer14, this court ruled that:
"8. It is a settled legal proposition that Article 14 of the
Constitution is not meant to perpetuate illegality or fraud, even by
extending the wrong decisions made in other cases. The said
provision does not envisage negative equality but has only a
positive aspect. Thus, if some other similarly situated persons
have been granted some relief/benefit inadvertently or by mistake,
such an order does not confer any legal right on others to get the
same relief as well. If a wrong is committed in an earlier case, it
cannot be perpetuated."
29. Other decisions have enunciated or applied this
principle (Ref : Chandigarh Admn. v. Jagjit Singh15, Anand Buttons
Ltd. v. State of Haryana16, K.K. Bhalla v. State of M.P.17; Fuljit
Kaur v. State of Punjab18, and Chaman Lal v. State of Punjab19).
Recently, in The State of Odisha v. Anup Kumar Senapati20 this
court observed as follows:
28
"If an illegality and irregularity has been committed in
favour of an individual or a group of individuals or a wrong order
has been passed by a judicial forum, others cannot invoke the
jurisdiction of the higher or superior court for repeating or
multiplying the same irregularity or illegality or for passing a
similarly wrong order. A wrong order/decision in favour of any
particular party does not entitle any other party to claim benefits
on the basis of the wrong decision."
(Emphasis supplied)
It would have been an altogether different circumstance if no
person had objected to the procedure followed. Even one person
objecting to the finalization/approval of ineligible voters list would
render denial of opportunity to file objections as sub-clause (iii) of
Rule 13D(2A) permits an objector to file his objections. Therefore,
that opportunity having been lost, it would not lie with the
petitioners to contend that any mode of service should be accepted.
In all those Societies which have accepted the mode of service
adopted therein, there were no objections filed by any member.
Here, one of the members has objected and, therefore, the
mandate of law could not have been given a go-bye.
13. The learned senior counsel would submit that even if the
process had to recommence from the stage of issuance of notice by
RPAD to every member in terms of the Rules, the petitioners should
be permitted to continue and they should be permitted to hold the
elections. This is on the strength of the Government order dated
05-06-2024 which reads as follows:-
"¥À¸ÁÛªÀ£É:
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ZÀÄ£ÁªÀuÁ ¤Ãw ¸ÀA»vÉ eÁjAiÀÄ°èzÀÝ PÁgÀt ªÀiÁZïð 2024 jAzÀ ¢£ÁAPÀ:
06-06-2024gÀ CªÀ¢üAiÀÄ°è DqÀ½vÀ ªÀÄAqÀ½ ªÀÄÄPÁÛAiÀÄUÉÆArgÀĪÀ/ªÀÄÄPÁÛAiÀÄUÉƼÀî°gÀĪÀ
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ªÀÄvÀÄÛC¥ÀPïì ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À) ZÀÄ£ÁªÀuÉUÀ¼À£ÀÄß ªÀÄÄAzÀÆr ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ªÀÄvÀÄÛ
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DzÉò¸À¯ÁVvÀÄÛ.
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eÁjAiÀÄ°èzÀÝ ZÀÄ£ÁªÀuÁ ¤Ãw ¸ÀA»vÉ ¢:06.06.2024gÀAzÀÄ PÉÆ£ÉUÉƼÀî°gÀĪÀÅzÀjAzÀ
¸ÀzÀj ¢£ÁAPÀPÉÌ DqÀ½vÀ ªÀÄAqÀ½UÀ¼À ¥ÀzÁªÀ¢üAiÀÄÄ ªÀÄÄPÁÛAiÀÄUÉÆArgÀĪÀ/
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(¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ) ªÀÄvÀÄÛ C¥ÀPïì ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À)
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29
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1959gÀ ¥ÀæPÀgÀt 28-J(4)(5), 28(©), 29(J¥sï) (4), 30(1), 31 ªÀÄvÀÄÛ 39(J) UÀ½UÉ
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29(J¥sï) (4) 30(1), 31 ªÀÄvÀÄÛ 39(J) UÀ½UÉ «£Á¬Äw ¤Ãr ¢£ÁAPÀ 07.06.2024
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ªÀÄAqÀ½UÀ¼À ¥ÀzÁªÀ¢üAiÀÄÄ ªÀÄÄPÁÛAiÀÄUÉÆAqÀ°è CAvÀºÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ/ ¸ÀºÀPÁgÀ
¨ÁåAPÀÄUÀ¼À (¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ) ªÀÄvÀÄÛ C¥ÉPïì ¸ÀºÀPÁgÀ
¸ÀAWÀUÀ¼À) ºÁ° EgÀĪÀ DqÀ½vÀ ªÀÄAqÀ½ ºÁUÀÆ ¥ÀzÁ¢üPÁjUÀ¼À CªÀ¢üAiÀÄÄ ¸ÀzÀj
¸ÀAWÀUÀ½UÉ ZÀÄ£ÁªÀuÉ £ÀqÉzÀÄ ºÉƸÀ DqÀ½vÀ ªÀÄAqÀ½ gÀZÀ£ÉAiÀiÁUÀĪÀªÀgÉUÉ
ªÀÄÄAzÀĪÀgÉAiÀÄvÀPÀÌzÀÄÝ.
30
6. PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ ¥ÀæPÀgÀt 28-J (5), 30(1)
ªÀÄvÀÄÛ ¥ÀæPÀgÀt 31 gÀrAiÀÄ°è ¸ÀAzÀ¨Ás ð£ÀĸÁgÀ DqÀ½vÁ¢üPÁj ªÀÄvÀÄÛ «±ÉõÁ¢üPÁj
£ÉëĹgÀĪÀ ¥ÀæPÀgÀtUÀ¼À°è ZÀÄ£ÁªÀuÉ dgÀÄV ºÉƸÀ DqÀ½vÀ ªÀÄAqÀ½ gÀZÀ£ÉAiÀiÁUÀĪÀªÀgÉUÀÆ
DqÀ½vÁ¢üPÁj/ «±ÉõÁ¢üPÁjUÀ¼Éà ªÀÄÄAzÀĪÀgÉAiÀÄvÀPÀÌzÄÀ Ý,
7. C¢üPÁgÁªÀ¢ü ªÀÄÄAzÀĪÀgɹgÀĪÀ CªÀ¢üAiÀÄ°è DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ AiÀiÁªÀÅzÉÃ
¥ÀæªÀÄÄR ¤tðAiÀÄUÀ¼À£ÀÄß vÉUÉzÀÄPÉƼÀîvÀPÀÌzÀÝ®è ºÁUÀÆ zÉÊ£ÀA¢£À PÁAiÀÄðZÀlĪÀnPÉUÀ½UÉ
¹Ã«ÄvÀUÉƽ¹ PÁAiÀÄð¤ªÀð»¸ÀvÀPÀÌzÀÄÝ.
8. FUÁUÀ¯Éà WÀ£À £ÁåAiÀiÁ®AiÀÄUÀ¼À DzÉñÀzÀAvÉ ZÀÄ£ÁªÀuÁ ¥ÀæQæAiÉÄ
¥ÁægÀA¨sÀUÉÆArzÀÝ°è ¥ÁægÀA¨sÀUÉƼÀî¨ÉÃQzÀÝ°è, F DzÉñÀªÀ£ÀÄß WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ UÀªÀÄ£ÀPÉÌ
vÀAzÀÄ WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀzÀAvÉ PÀæªÀÄ«qÀvÀPÀÌzÀÄ."
On the same day, on receipt of objections, the order is changed
and a direction is issued to comply with the mandate of Rule
13D(2A) of the Rules. The modified order reads as follows:
"¢£ÁAPÀ: 15-11-2024
²ªÀ½î ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀ ¤. ²ªÀ½î vÁ: zsÁgÀªÁqÀ ¸ÀAWÀzÀ ZÀÄ£ÁªÀuÉAiÀÄÄ ¢£ÁAPÀ:
08-12-2024 gÀAzÀÄ dgÀÄUÀ°zÀÄÝ, ¸ÀAWÀzÀ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ À
¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 D (2-A) ¥ÀæPÁgÀ ¥Á®£É ªÀiÁqÀzÉà EgÀĪÀ §UÉÎ ²æà PÀ®è¥Àà
¨sÀgÀªÀÄ¥Àà PÁ½ EªÀgÀÄ F PÀZÉÃjUÉ DPÉëÃ¥ÀuÉ ¤ÃrzÀÄÝ, ¸ÀzÀj «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ F
PÀZÉÃj¬ÄAzÀ ¢£ÁAPÀ: 15-11-2024 gÀAzÀÄ ¨É½UÉÎ 11-00 UÀAmÉUÉ F PÀZÉÃjAiÀÄ°è «ZÁgÀuÉ
¤UÀ¢¥Àr¹zÀÄÝ, «ZÁgÀuÉUÉ ¤ÃrzÀ £ÉÆÃn¹£À°è w½¹zÀ ¥ÀæPÁgÀ «ZÁgÀuÉ dgÀÄV¸À¯Á¬ÄvÀÄ. «ZÁgÀuÉ
¸ÀªÀÄAiÀÄzÀ°è CfðzÁgÀÄ UÉÊgÀÄ ºÁdgÀÄ ºÁUÀÆ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ ºÁdjzÀÄÝ, PÀ£ÁðlPÀ
¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼À£ÀéAiÀÄ ¸ÀzÀj ¸ÀAWÀzÀ°ègÀĪÀ ¸ÀzÀ¸ÀågÀÄUÀ½UÉ vÁvÁÌ°PÀ ªÀÄvÀzÁgÀgÀ
C£ÀºÀð ¥ÀnÖAiÀÄ°è EgÀĪÀAvÀºÀ 179 ¸ÀzÀ¸ÀågÀ£ÀÄß CºÀðgÉAzÀÄ ªÀiÁr, ¸ÀzÀj ¸ÀzÀ¸ÀåjUÉ vÀªÀÄä ºÀPÀÌ£ÀÄß
ZÀ¯Á¬Ä¸À®Ä CªÀPÁ±À ¤Ãr. ¸ÀAWÀzÀ ZÀÄ£ÁªÀuÉ ¤AiÀĪÀiÁ£ÀĸÁgÀ dgÀÄV¸À®Ä ¸ÀAWÀzÀ jl¤AðUï
C¢üPÁjUÉ ºÁUÀÆ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀjUÉ ¸ÀÆa¸À¯Á¬ÄvÀÄ."
The said Government order has restrictive application. It was
issued in the wake of parliamentary elections being declared only in
those societies that had already set the elections in motion.
Therefore, none of the grounds urged by the petitioners would
enure to their benefit.
14. The matter was posted for its pronouncement on
20-02-2024. At the time of pronouncement, the complainant/
proposed respondent No.7 appeared before the Court through his
counsel Sri Avinash Banakar and submitted that he was wanting to
withdraw the very complaint, which was the foundation for all the
proceedings. Therefore, the pronouncement of the said judgment
was deferred. The matter was re-heard. The learned Additional
Advocate General contended that the complaint of the proposed 7th
respondent merged into the proceedings and the order impugned.
Therefore, the complainant cannot now contend before this Court
that he would wish to withdraw the complaint. The learned counsel
31
for the petitioners would contend if the complaint itself would not
be in existence, the entire impugned proceedings would become a
nullity.
15. As contended by the learned Additional Advocate
General, the complaint has merged into the order. The order
impugned is tested before this Court. This Court has not found
favour with the submissions of the petitioners. However, if the
complainant wanted to withdraw the complaint, it was open for him
to appear before the Authority who passed the order and so
contend. I do not find any warrant to interfere with the order even
after the re-hearing of the matter.
16. The petition lacking in merit stands rejected and the
process as directed by respondent No.3 be continued and taken to
its logical conclusion, in accordance with law.
Consequently, I.A.No.1 of 2024 also stands disposed."
When the matter was posted for its pronouncement, the 7th
respondent/complainant appeared before the Court through his
counsel and submitted that he wanted to withdraw the complaint,
which was the foundation for all the proceedings which formed the
fulcrum in W.P.No.107121 of 2024. However, this Court observed
that it is open to the complainant to withdraw the complaint,
appearing before the Authority who had passed the order.
10. After the disposal of the said petition, the Deputy Registrar
of Cooperative Societies passes an order on 14-05-2025 directing the
Returning Officer to conduct the election of the Society. The Returning
Officer issues calendar of events on 15-05-2025. Elections
progressed. The calendar of events so notified was challenged before
32
the Joing Registrar of Cooperative Societies. The Joing Registrar of
Cooperative Societies, by his order dated 26-05-2025, stayed the
calendar of events. The Societyr files W.P.No.103377 of 2025
assailing the said order. During the pendency of the said petition, an
order comes to be passed under Section 29C of the Act disqualifying
the petitioner on 02-06-2025. The said order comes to be challenged
before the Deputy Registrar of Cooperative Societies invoking Section
106 of the Act who grants an interim order dated 30-06-2025 by the
following order:
"¥Àæ¸ÁÛªÀ£É :
ªÉÄîä£À«zÁgÀgÀÄ F ¥ÀæPÀgÀtªÀ£ÀÄß ¥ÀæwªÁ¢ £ÀA1 gÀªÀgÀÄ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ
¸ÀAWÀUÀ¼À PÁ¬ÄzÉ 1959 PÀ®A 29(¹) ªÉÄÃgÉUÉ ºÉÆgÀr¹zÀ DzÉñÀªÀ£ÀÄß ¥Àæ²ß¹
ªÉÄîä£À«AiÀÄ£ÀÄß F £ÁåAiÀiÁ®AiÀÄPÉÌ ¸À°è¹gÀÄvÁÛgÉ.
²ªÀ½îºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀ ¤,¸Á. ²ªÀ½î vÁ. f: zsÁgÀªÁqÀ EzÀgÀ
DqÀ½vÀ ªÀÄAqÀ°AiÀÄ CªÀ¢üAiÀÄÄ ¢£ÁAPÀ 05-01-2025 gÀªÀgÉUÉ EvÀÄÛ. ¸ÀzÀgÀ ¸ÀAWÀzÀ
DqÀ½vÀ ªÀÄAqÀ°AiÀĪÀgÀÄ CªÀgÀ CªÀ¢ü ªÀÄÄPÁÛAiÀĪÁUÀĪÀ ¥ÀǪÀðzÀ°è ºÉƸÀ DqÀ½vÀ
ªÀÄAqÀ°AiÀÄ gÀZÀ£ÉUÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁ¬ÄzÉ 1959 gÀ PÀ®A 39-J ¥ÀæPÁgÀ
PÀæªÀÄ«qÀĪÀ°è «¥sÀ®gÁzÀ ¥ÀæAiÀÄÄPÀÛ ¸ÀzÀj DqÀ½vÀ ªÀÄAqÀ° ¸ÀzÀ¸ÀågÀ ¥ÉÊQ 1 £ÉÃ
ªÉÄîä£À«zÁgÀgÀ£ÀÄß ¢£ÁAPÀ 06-01-2025 jAzÀ ªÀÄÄA¢£À LzÀÄ ªÀµÀðUÀ¼À CªÀ¢üUÉ
DqÀ½vÀ ªÀÄAqÀ°AiÀÄ ZÀÄ£ÁªÀuÉUÉ ¸Àà¢üð¸À®Ä C£ÀºÀðgÀ£ÁßV JzÀÄgÀÄzÁgÀ £ÀA1 EªÀgÀÄ
DzÉñÀ ºÉÆgÀr¹zÀÄÝ, F DzÉñÀ ºÉÆgÀr¸ÀĪÀ ¥ÀǪÀðzÀ°è PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À
1959 8 0 29(2) (8) gÀ ªÀåªÀzÁ£ÀUÀ¼À ¥ÀæPÁgÀ ªÉÄîä£À«zÁgÀjUÉ £ÉÆÃnøÀÄ ¤Ãr
CªÀjUÉ vÀªÀÄä «ªÀgÀuÉ ¤ÃqÀ®Ä CªÀPÁ±À ¤ÃrgÀĪÀ¢®è. C®èzÉà ¸ÀªÀgÀ CzÉñÀªÀ£ÀÄß
JzÀÄgÀÄzÁgÀ £ÀA | gÀªÀgÀÄ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁ¬ÄzÉ 1959 gÀ AiÀiÁªÀPÀ®A
¥ÀæPÁgÀ ªÀÄvÀÄÛ AiÀiÁªÀ D¢üPÁgÀzÀ ªÉÄÃgÉUÉ ºÉÆgÀr¹zÉ JA§ §UÉÎ vÀªÀÄä DzÉñÀzÀ°è
£ÀªÀÄÆ¢¹zÉà ªÉÄîä£À«zÁgÀjUÉ vÉÆAzÀgÉ PÉÆqÀ¨ÉÃPÉ£ÀÄߪÀ GzÉÝñÀ¢AzÀ F DzÉñÀªÀ£ÀÄß
ºÉÆgÀr¹zÀÄÝ, EzÀÄ ¸Áé¨sÁ«PÀ £ÁåAiÀÄvÀvÀéUÀ½UÉ «gÀÄzÀÞªÁVzÀÄÝ, F DzÉñÀªÀ£ÀÄß QvÀÄÛ
ºÁPÀ®Ä F ªÉÄîä£À« ¸À°è¹gÀÄvÁÛgÉ.
ªÉÄîä£À«zÁgÀgÀÄ ¸À°è¹zÀ CfðAiÀÄ°è£À CA±ÀUÀ¼À£ÀÄß 1£Éà ªÉÄîä£À«zÁgÀgÀ£ÀÄß
¢£ÁAPÀ 06-01-2025 jAzÀ ªÀÄÄA¢£À LzÀÄ ªÀµÀðUÀ¼À CªÀ¢üUÉ DqÀ½vÀ ªÀÄAqÀ°AiÀÄ
ZÀÄ£ÁªÀuÉUÉ ¸Àà¢üð¸À®Ä C£ÀºÀðgÀ£ÁßV ¥ÀæwªÁ¢ £ÀA1 EªÀgÀÄ DzÉñÀ ºÉÆgÀr¸ÀĪÀ
¥ÀǪÀðzÀ°è PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁ¬ÄzÉ 1959 gÀ PÀ®A 29(¹) (8) gÀ
33
ªÀåªÀzÁ£ÀUÀ¼À ¥ÀæPÁgÀ ªÉÄîä£À«zÁgÀjUÉ £ÉÆÃnøÀÄ ¤ÃqÀzÉà EgÀĪÀÅzÀÄ ªÀÄvÀÄÛ CªÀjUÉ
¸ÀªÀÄeÁ¬Ä¶AiÀÄ£ÀÄß ¸À°è¸À®Ä CªÀPÁ±À ¤ÃqÀzÉà KPÀ¥ÀQëÃAiÀĪÁV PÀæªÀÄ«nÖgÀĪÀÅzÀÄ
ªÉÄïÉÆßÃlPÉÌ PÀAqÀħgÀÄvÀÛzÉ. C®èzÉà ¥ÀæwªÁ¢ £ÀA1 gÀªÀgÀÄ ºÉÆgÀr¹zÀ DzÉñÀzÀ°è
PÁ¬ÄzÉ PÀ®AUÀ¼À ªÀÄvÀÄÛ C¢üPÁgÀ ¥ÀævÁåAiÉÆÃd£ÉAiÀÄ CªÀPÁ±ÀUÀ¼À£ÀÄß £ÀªÀÄÆ¢¸ÀzÉÃ
EgÀĪÀÅzÀÄ ¸ÀjAiÀiÁzÀ PÀæªÀĪÁVgÀĪÀ¢®è. EzÀjAzÁV ¥ÀæwªÁ¢ £ÀA1 gÀªÀgÀÄ PÁ£ÀƤUÉ
ªÉÄîä£À«zÁgÀgÀ «gÀÄzÀÞ zÉÆõÀ¥ÀÇjvÀ DzÉñÀ ºÉÆgÀr¹gÀĪÀÅzÀÄ «gÀÄzÀÞªÁV
ªÉÊqÀ¥ÀnÖgÀÄvÀÛzÉ. F PÁgÀtUÀ½AzÁV F PɼÀV£ÀAvÉ DzÉñÀ ºÉÆgÀr¹zÉ.
ªÀÄzsÀåAvÀgÀ DzÉñÀ
¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹zÀ CA±ÀUÀ¼À »£À߯ÉAiÀÄ°è ¸ÀPÁðgÀzÀ D¢üPÁgÀ ¥ÀævÁåAiÉÆÃd£É
C¢ü¸ÀÆZÀ£É PÀæ. ¹M 71 ¹J¯ïಎ A 2016 ¢£ÁAPÀ 06-12-2016gÀ°è ¤ÃrzÀ
C¢üPÁgÀzÀ£ÀéAiÀÄ ªÀÄvÀÄÛ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁ¬ÄzÉ 1959 gÀ PÀ®A 106(2)(J) gÀ
CªÀPÁ±ÀUÀ¼À£ÀÄß G¥ÀAiÉÆÃV¹PÉÆAqÀÄ, gÀªÉÄñÀ f. §UÀ°, ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À
¤§AzsÀPÀgÀÄ, zsÁgÀªÁqÀ f¯Éè, zsÁgÀªÁqÀ DzÀ £Á£ÀÄ, JzÀÄgÀÄzÁgÀ £ÀA1 gÀªÀgÀÄ,
ªÉÄîä£À«zÁgÀgÀ «gÀÄzÀÞ ºÉÆgÀr¹zÀ DzÉñÀ .2-15/0029(2)/2-17/2024-25
¢£ÁAPÀ:02-06-2025 EzÀPÉÌ vÀqÉAiÀiÁeÉÕ ¤ÃrgÀÄvÉÛãÉ.
F DzÉñÀªÀ£ÀÄß £À£Àß ºÀ¸ÁÛPÀëgÀ ªÀÄvÀÄÛ F PÀZÉÃjAiÀÄ ªÀÄÄzÉæAiÉÆA¢UÉ EAzÀÄ
¢£ÁAPÀ 30-06-2025 gÀAzÀÄ ºÉÆgÀr¹gÀÄvÉÛãÉ.
¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ,
zsÁgÀªÁqÀ f¯Éè, zsÁgÀªÁqÀ.
The said order of disqualification passed during the pendency of the
aforesaid petition thus comes to be stayed on 30-06-2025. In the
teeth of the disqualification being stayed, the petitioner continued to
be in the status that he was prior to passage of the order dated
02-06-2025. Notwithstanding this, the election was sought to be
continued, by a communication dated 03-07-2025. Therefore, the
petitioner approaches this Court in W.P.No.104391 of 2025. The
coordinate bench grants an interim order on 07-07-2025, the order
reads as follows:
34
"Heard the learned Senior Counsel Sri.Jaykumar S. Patil
appearing on behalf of Smt.Vidyavathi M. Kotturshettar, learned
counsel for the petitioner.
Learned AGA is directed to take notice for respondent Nos.2
and 3. Issue notice to respondents Nos.1 and 4.
There shall be stay of all further proceedings pursuant to the
impugned order bearing No.KRA.CHUNAVANE/VAHI.04/2025-26
dated 03.07.2025, till the next date of hearing. Respondents are at
liberty to move the Court for modification of this order.
Hand delivery permitted."
Notwithstanding the grant of the interim order, the Returning Officer
fixed the date of election as 28-07-2025. By an application this is
challenged in the pending W.P.No.W.P.103377 of 2025. The
coordinate bench, in terms of its order dated 22-07-2025 permits
continuation of election from the stage of its stops and makes it
subject to the result of the writ petition. The order reads as follows:
"ORDER
i. There shall stay of the impugned order dated 26.05.2025
bearing No.Kra/JRL/F/CR-02/XRO/2025-26 passed by
respondent No.2 vide Annexure-A, order dated 27.05.2025
bearing No.Kra.DRJD/Shivallihallu/CR-18/2025-26 passed by
respondent No.3 vide Annexure-B and order dated
27.05.2025 bearing No.Kr.Ri.A/Shivallihallu/CR/2025-26
passed by respondent No.5 vide Annexure-C. Consequently,
there shall be stay of the order dated 28.05.2025 bearing
No.KRA.DRZ/Shivallihalu/CR-18/2025-26 passed by
respondent No.3 vide Annexure-L.
ii. The election process shall continue from the stage where it
was interjected/stopped.
iii. However, this order shall be subject to out come of the writ
petition.
35
List this matter on 05.08.2025.
Hand delivery of this order is already communicated."
The contesting candidate said to have preferred W.A.No.100455 of
2025. The Division Bench disposes the writ appeal on 04-09-2025
directing election to proceed, but results not to be declared till the
disposal of the writ petition. This is challenged before the Apex Court.
The Apex Court passes the following order:
"UPON hearing the counsel the Court made the following
ORDER
On mentioning the matter is taken up.
Learned counsel appearing for the petitioner submitted declaration of that this Court has specifically granted stay while clarifying that the learned Single Judge shall proceed with a result. However, it has been misconstrued to mean that it is for the learned Single Judge to take a call on that.
We make it clear that the intention of our order is to publish the election result which is obviously be subject to Further orders in this Special Leave Petition.
In such view of the matter, we clarify that the result of election be declared forthwith.
(SWETA BALODI) ASTT. REGISTRAR-cum-PS (POONAM VAID) ASSISTANT REGISTRAR"
36
The coordinate bench noticing the order of the Apex Court then passes the following order:
"
1. By way of order dated 15.9.2025 in SLP No.26208/2025, the Hon'ble Apex Court had indicated that this Court shall be free to declare the results of the election process already held. By way of order dated 19.9.2025, the Hon'ble Apex Court has made its intention clear that the results of the elections are required to be published which would be subject to the further orders in Special Leave Petition.
2. The cover which had been submitted by Returning Officer which has kept in safe custody was secured from safe custody. On examination of the cover, it was found to be untampered and bearing the seal. The counting sheets were taken out from the said cover. In pursuance of which, the following results were announced.
3. In General category, there are being a total of 1237 votes cast, the details thereof are as under:
PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ MlÄÖ
ºÉ¸ÀgÀÄ
1. F±ÀégÀ¥Àà §¸À¥Àà 34
®A©
2. F±ÀégÀ §¸À¥Àà 32
PÀÄAzÀUÉÆüÀ
3. ¥ÀgÀıÀÄgÁªÀÄ 134
²ªÀ¥Àà PÀzÀA
4. §¸ÀªÀgÁd 143
²ªÀ¥Àà ªÀÄÄ¢Ý
5. §¸ÀªÀgÁd 36
ZÀ£À§¸À¥Àà ºÀħâ½î
6. ªÀĺÁzɪÀ¥Àà 27
UÀÄgÀÄ¥Àà ªÉÆgÀ§
7. AiÀÄ®è¥Àà 143
¥sÀQÌÃgÀ¥Àà ®A©
8. gÀAUÀ¥Àà 35
zÀÄgÀUÀ¥Àà ®PÀÌtÚªÀgÀ
9. gÁd±ÉÃRgÀ 151
PÀ®è¥Àà ªÀÄÄ¢Ý
10. ±ÀAPÀgÀ¥Àà 153
«ÃgÀ¥Àà ªÀÄÄUÀzÀ
37
11. ±ÀAPÀæ¥Àà 139
¨sÀgÀªÀÄ¥Àà zsÁgÀªÁqÀ
12. ²ªÀ¥ÀÄvÀæ¥Àà 129
¥ÀgÀÄvÀ¥Àà ªÉÆgÀ§
13. ²ªÁ£ÀAzÀ 45
±ÉÃRgÀ¥Àà ªÀÄÄ¢Ý
14. ²ªÀ¥Àà §¸À¥Àà 36
G¦à£ï
MlÄÖ 1237
4. In SC category, there being a total of 215 votes cast, the details thereof are as under:
PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ ªÀÄvÀUÀ¼ÀÄ
ºÉ¸ÀgÀÄ
1. PÀ®è¥Àà PÁ½ 150
2. ±ÉÃR¥Àà 30
ZÀ®ªÁ¢
3. wgÀ¸ÀÌøvÀ 33
ªÀÄvÀUÀ¼ÀÄ
MlÄÖ 215
5. Insofar as ST category is concerned, all the counsel submit that there was no contest and there being only one candidate, the said candidate has already been declared as elected.
6. Insofar as BCA-2 category, there being a total of 371 votes cast, the details thereof are as under:
PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ MlÄÖ
ºÉ¸ÀgÀÄ
1. UÀÄgÀÄ£ÁxÀ 33
¥sÀQÃgÀ¥Àà PÀ½îªÀĤ
2. ªÀÄÆUÀ¥Àà 36
§¸À¥Àà ©°èAUÀ£ÀªÀgï
3. ±ÀAPÀæ¥Àà 149
¥ÀªÁqÉ¥Àà PÉƼɥÀà£ÀªÀgÀ
4. ±ÁAvÀ¥Àà 153
ªÀÄ®è¥Àà §AqÉtÚªÀgÀ
MlÄÖ 371
7. Insofar as Women Category is concerned, there being total of 386 votes cast, the details thereof are as under:
PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ MlÄÖ 38 ºÉ¸ÀgÀÄ 1. zÁæPÁë¬Ät 42 UÀÄgÀÄ¥ÁzÀAiÀÄå aPÀ̪ÀÄoÀ 2. §¸ÀªÀé 160 ²zÁæªÀÄ¥Àà ªÀļÀîtÚªÀgï 3. gÀÄzÀæªÀé 147 §¸À¥Àà ¨ÁgÀPÉÃgÀ 4. ¸ÀƸÀªÀé 37 PÀ®è¥Àà ¨ÉƪÀÄtÚªÀgÀ MlÄÖ 386
8. All the counsel submit that there are total 13 directors out of which '7' belong to general category, '1' each belong to Scheduled Caste and Scheduled Tribe category and '2' each to the backward caste 'A' category and women category.
9. In all, the following are the declared as elected candidates as per the respective categories:
General Category PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ MlÄÖ ºÉ¸ÀgÀÄ 10. ±ÀAPÀgÀ¥Àà 153 «ÃgÀ¥Àà ªÀÄÄUÀzÀ 9. gÁd±ÉÃRgÀ 151 PÀ®è¥Àà ªÀÄÄ¢Ý 4. §¸ÀªÀgÁd 143 ²ªÀ¥Àà ªÀÄÄ¢Ý 7. AiÀÄ®è¥Àà 143 ¥sÀQÌÃgÀ¥Àà ®A© 11. ±ÀAPÀæ¥Àà 139 ¨sÀgÀªÀÄ¥Àà zsÁgÀªÁqÀ 3. ¥ÀgÀıÀÄgÁªÀÄ 134 ²ªÀ¥Àà PÀzÀA 12. ²ªÀ¥ÀÄvÀæ¥Àà 129 ¥ÀgÀÄvÀ¥Àà ªÉÆgÀ§ SC category PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ ªÀÄvÀUÀ¼ÀÄ ºÉ¸ÀgÀÄ 1. PÀ®è¥Àà PÁ½ 150 39 BCA-II category PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ MlÄÖ ºÉ¸ÀgÀÄ 4. ±ÁAvÀ¥Àà 153 ªÀÄ®è¥Àà §AqÉtÚªÀgÀ 3. ±ÀAPÀæ¥Àà 149 ¥ÀªÁqÉ¥Àà PÉƼɥÀà£ÀªÀgÀ Women Cateogry PÀæ. ¸ÀA. C¨sÀåyðAiÀÄ MlÄÖ ºÉ¸ÀgÀÄ 2. §¸ÀªÀé 160 ²zÁæªÀÄ¥Àà ªÀļÀîtÚªÀgï 3. gÀÄzÀæªÀé §¸À¥Àà 147 ¨ÁgÀPÉÃgÀ
10. The vote tally sheets are put back in sealed cover and returned to the learned AGA to be handed over to the Returning Officer.
11. The above result shall be subject to further orders in SLP No.26208/2025. Hence, the above writ petition is adjourned sine dine pending the disposal of SLP No.26208/2025. Registry is directed to re-list the matter after such disposal. Liberty is reserved to the petitioner and respondents to move the matter after such disposal.
12. The Returning Officer shall comply with all other formalities required to be completed, including the issuance of necessary certificates.
13. Hand delivery ordered.
In the interregnum a separate problem crops up. On 30-10-2025, a meeting notice is issued. The notice reads as follows:
¸ÀA:D.ªÀÄA.¸À-49/vÀÄvÀÄð ¸À¨És/ ¢£ÁAPÀ 30-10-2025 ¸À¨sÁ ¸ÀÆZÀ£Á ¥ÀvÀæ MPÀÆÌlzÀ G¥ÁzsÀåPÀëgÁzÀ ²æà ¸ÀÄgÉñÀÑAzÀæ PÀȵÀÚ ºÉUÀqÉ, EªÀgÀ CzsÀåPÀëvÉAiÀÄ°è ¢£ÁAPÀ 03- 11-2025 gÀAzÀÄ ¸ÉÆêÀĪÁgÀ ¨É½UÉÎ 11.00 WÀAmÉUÉ F PɼÀV£À «µÀAiÀÄUÀ¼À PÀÄjvÀÄ ZÀað¸À®Ä 40 MPÀÆÌlzÀ DqÀ½vÀªÀÄAqÀ½ vÀÄvÀÄð ¸À¨ÉsAiÀÄ£ÀÄß DqÀ½vÀªÀÄAqÀ½ ¸À¨sÁAUÀtzÀ°è PÀgÉAiÀįÁVzÉ. ¸ÀzÀj ¸À¨sÉUÉ vÁªÀÅUÀ¼ÀÄ ºÁdgÁUÀ®Ä PÉÆÃjzÉ.
PÀæ.¸ÀA. «µÀAiÀÄUÀ¼ÀÄ
1. ¸À¨sÁ ¸ÀÆZÀ£Á ¥ÀvÀæ N¢ zÁR°¸ÀĪÀÅzÀÄ.
2. MPÀÆÌlzÀ zsÁgÀªÁqÀ, C¼ÁîªÀgÀ, £ÀªÀ®UÀÄAzÀ ªÀÄvÀÄÛ CtÂÚUÉÃj ªÀÄvÀPÉëÃvÀæzÀ SÁ°¬ÄgÀĪÀ ¤zÉÃð±ÀPÀgÀ ¸ÁÜ£ÀPÉÌ PÉÆÃ-D¥ïÖ ªÀiÁqÀĪÀ PÀÄjvÀÄ.
3. ¸À¨sÁzsÀåPÀëgÀ C¥ÀàuÉAiÀÄ ªÉÄÃgÉUÉ EvÀgÉ «µÀAiÀÄUÀ¼ÀÄ.
¸À»/-
ªÀåªÀ¸ÁÜ¥ÀPÀ ¤zÉÃð±ÀPÀgÀÄ UÉ, ²æà °AUÀgÁdUËqÀ ºÀ£ÀĪÀÄAvÀUËqÀ. ¥Ánî, ¤zÉÃð±ÀPÀgÀÄ, zsÁgÀªÁqÀ, UÀzÀUÀ ªÀÄvÀÄÛ GvÀÛgÀPÀ£ÀßqÀ f¯Áè ¸ÀºÀPÁgÀ ºÁ®Ä MPÀÆÌl ¤., zsÁgÀªÁqÀ, eÉ. ºÉZï. ¥ÀmÉÃ¯ï £ÀUÀgÀ, ªÀÄÄ॥ ¥ÉÇÃ॥ ªÀÄÄAqÀgÀV, vÁ॥ ªÀÄÄAqÀgÀV, f।। UÀzÀUÀ"
The meeting notice is for the purpose of coopting another Director, on the score that the post of Director of Dharwad, Alnavar, Navalgund, Annigeri has become vacant. The said meeting notice results in W.P.No.108123 of 2025. This Court, on 03-11-2025 passed the following order:
"Learned AAG is directed to take notice for respondent Nos.1 and 2.
Learned counsel Sri. Aravind D. Kulkarni is directed to accept notice for respondent No.3.
Learned counsel for the petitioner to serve a set of papers to the aforesaid counsel forthwith.
Heard learned counsel Smt. Vidyavathi M. Kotturshetter appearing for the petitioners and the learned Additional Advocate General for the respondents.41
The subject petition was moved on a Sunday i.e. 02.11.2025 to be listed today owing to certain urgency in the matter. The learned counsel for the petitioners had projected that a meeting is slated to be held at 11:00 a.m. today for co-opting a director in the teeth of the presence of the second petitioner, a director of the society.
The learned counsel for the petitioners submits that the impugned order which projects that there is vacancy so the director should be co-opted, is contrary to the facts. There is no vacancy is her emphatic submission.
The learned Additional Advocate General taking this Court through Section 18B of the Karnataka Co-operative Societies Act, 1959, would contend that by operation of law i.e. Section 18B, the second petitioner ceases to be a director and he is ceased to be a director with effect from 01.01.2025 and therefore the co-option has to happen, as there cannot be a vacuum.
The matter would require consideration.
The learned counsel for the petitioners submits that the meeting is to be held today at 11 o'clock.
I, therefore, direct respondent No. 3 to hold its hands and not to hold the meeting or co-opt the director till the next date of hearing.
List the matter on 07.11.2025, in fresh matters list. Objections, if any, to be filed by then, if the State would so desire.
Registry to print the name of the counsel appearing for the respondents in the cause list."
It was the case of the learned Additional Advocate General that by virtue of Section 18B of the Act, petitioner ceases to be a Director with effect from 01-01-2025 itself and therefore, the cooption had to happen. The said submission is amplified while submitting on the merit of the matter. The amplification is sans substance. 42
11. In the teeth of all the aforesaid orders and narration of facts and orders passed, the post of Director would have been vacant, if the proceedings initiated under Section 29C of the Act had become final. The said proceeding is still pending before the Deputy Registrar of Cooperative Societies. The entire fulcrum of the grievance is pending consideration in W.P.No.103377 of 2025 where there are certain orders passed, as also, the interim order granted in W.P.No.104391 of 2025 on 07-07-2025. With all these factors, it is ununderstandable as to how the impugned notice calling for a meeting for the purpose of coopting a Director can even spring. Therefore, the very notice issued calling for cooption of a Director is without authority of law and hence, is to be obliterated, more so, in the light of the fact that several orders are passed in W.P.No. 103377 of 2025.
12. The learned Additional Advocate General and the other respondents disputed the fact that there was any interim order even granted by the Deputy Registrar of Cooperative Societies and therefore, this Court directed the original file to be placed on record. Original file would be the file maintained before the Deputy Registrar of Cooperative Societies. The file is produced. The proceedings dated 30-06-2025 are half found. The order dated 30-06-2025 quoted supra, which was produced in writ petition 103377 of 2025 is missing 43 in the file. The appeal memorandum along with the order is placed before the Court. The prayer in the appeal memorandum under Section 106 of the Act is as follows:
"For the reasons stated above this Hon'ble Appellate Authority may kindly be pleased to grant the following reliefs
(a) Set aside the order U/S.29 (C), dated 02.06.2025 bearing No.Kra:AR-
15/Kalam29(C)/R-17/2024-25 passed by Respondent No.1, in the interest of justice.
(b) Pass any other order as the Hon'ble Appellate Authority deems fit, in the interest of justice." The prayer is to set aside the order dated 02-06-2025 and an interim order of stay was sought by the following order:
".... .... ....
For the reasons stated above, this Hon'ble Authority may kindly be pleased to stay the order U/S.29 (C), dated 02.06.2025 bearing No. Kra:AR-15/Kalam29(C)/R-17/2024-25 passed by Respondent No.1, in the interest of justice. Hence, this affidavit." The order that is produced along with the memo of documents filed by the petitioner on 10-11-2025 which was also an annexure to the W.P.No.103377 of 2025 are the same, as it is a certified copy given from the office of the Deputy Registrar of Cooperative Societies under the seal and sign, but the order is missing from the file. The custodian of the records before the Deputy Registrar of Cooperative Societies is the office of the Deputy Registrar of Cooperative Societies, which considers Appeal No.2 of 2025-26.
44
13. If a certified copy is available at the hands of the petitioners, as granted by the Deputy Registrar of Cooperative Societies, it is ununderstandable as to how the said order itself is missing from the file. The said dispute has now enlarged into a huge problem. Therefore, it becomes necessary for this Court to direct an enquiry into the missing order in the file, as to how it has vanished from the file and at whose instance. Therefore, the Principal Secretary - Department of Cooperation shall hold an enquiry, as to how the order in the file can go missing, notwithstanding the affidavit of the Deputy Registrar of Cooperative Societies placed before the Court that he has not granted any interim order. The enquiry shall be conducted, responsibility fixed and appropriate action be taken by the Principal Secretary, within an outer limit of 3 months from the date of receipt of the copy of the order.
14. In the light of the aforesaid facts and the unsustainability of the impugned notice dated 30-10-2025, the position of the petitioner is to be restored to the stage, at which the writ petition is preferred. All these would however remain subject to the result of the pending W.P.No.103377 of 2025, which stood adjourned on the score that SLP 26208 of 2025 is pending consideration before the Apex Court, in which orders are passed on 15-09-2025 and 19-09-2025 directing 45 results to be announced of the elections and the order in the SLP is the fulcrum of the lis in W.P.No.103377 of 2025.
15. For the aforesaid reasons, the following:
ORDER
(i) Writ Petition No.108123 of 2025 is allowed.
(ii) The entire proceedings dated 30-10-2025 stand quashed.
(iii) Sequentially, the status of the 2nd petitioner is restored status quo ante, as it prevailed as on the date of the impugned proceedings.
(iv) In the light of the position of the 2nd petitioner being restored status quo ante, the companion Writ Petition No.104391 of 2025 would not survive for any further consideration, accordingly, stands dismissed. The parties are at liberty to avail of such remedy, as is available in law.
(v) The Principal Secretary, Department of Cooperation, shall hold an enquiry as to how the order has gone missing from the original file, bearing in mind the observations made in 46 the course of the order, within an outer limit of 3 months from the date of receipt of the copy of this order.
Pending applications if any, also stand disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE bkp