SRI. G. GOVINDA RAJU, vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF JULY, 2026
R
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.22925 OF 2026 (CS-EL/M)
BETWEEN:
1. SRI. G. GOVINDA RAJU,
S/O LATE GOVINDE GOWDA,
AGED ABOUT 63 YEARS,
RESIDENT OF KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
…PETITIONER
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL
FOR SRI. ANANDA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATIVE SOCIETIES,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001
REPRESENTED BY ITS SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
RD
3 FLOOR, TTMC BUILDING,
SHANTHINAGAR,
BENGALURU-560 027,
REPRESENTED BY ITS SECRETARY.
3.
THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES,
MYSURU DISTRICT,
Digitally signed
by GEETHA P G
Location: HIGH
COURT OF
KARNATAKA
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PUBLIC OFFICE BUILDING,
SAYYAJI RAO ROAD,
MYSURU-570 024.
4. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
HUNSUR SUB-DIVISION,
OFFICE AT MANJUNATHA BADAVANE,
B.M.ROAD, HUNSUR-571 105.
5.
THE RETURNING OFFICER OF
THE TALUK AGRICULTURE PRODUCE
MARKETING CO-OPERATIVE SOCIETY LTD.,
H.D. KOTE & TAHSILDAR,
H.D. KOTE TALUK,
MYSURU DISTRICT-571 125.
6. THE TALUK AGRICULTURE PRODUCE
MARKETING CO-OPERATIVE SOCIETY LTD.,
H.D. KOTE TALUK,
MYSURU DISTRICT-571 125
REPRESENTED BY ITS SECRETARY.
(A CO-OPERATIVE SOCIETY REGISTERED
UNDER THE PROVISIONS OF KARNATAKA
CO-OPERATIVE SOCIETIES ACT).
7. THE PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LTD.,
KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
(A CO-OPERATIVE SOCIETY REGISTERED UNDER THE
KARNATAKA CO-OPERATIVE SOCIETIES ACT).
8.
SRI. K.S. KALYAN KUMAR,
S/O LATE SINGREGOWDA,
AGED ABOUT 58 YEARS,
R/AT KYATHANAHALLI VILLAGE,
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H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
9.
SRI. H. NAGARAJU,
S/O LATE HALEGOWDA,
AGED ABOUT 55 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
10. SRI. D. SHIVAPPA,
S/O LATE DASEGOWDA,
AGED ABOUT 62 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
11. SRI. MAHADEVAPPA,
S/O LATE BASAVARAJAPPA,
AGED ABOUT 52 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
12. SMT. MAMATHA,
W/O NANJUNDASWAMY,
AGED ABOUT 42 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
13.
SRI. NITHYANANDAMURTHY,
S/O N. VENKATARAJU,
AGED ABOUT 48 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
14. SMT. THULASAMMA,
W/O LATE RANGAIAH,
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AGED ABOUT 75 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
15. K.R. RAVI KUMAR,
S/O K.M. RAJANNA,
AGED ABOUT 50 YEARS,
R/AT KYATHANAHALLI VILLAGE,
H.D. KOTE TALUK,
MYSURU DISTRICT-570 026.
…RESPONDENTS
(BY SRI. K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL,
ALONG WITH SMT. PRATHIMA HONNAPURA, AAG., AND
SRI. YOGESH D. NAIK, AGA., FOR R.1, R.3 TO R.5;
SRI. A. DEVARAJ, ADVOCATE FOR R.2;
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R.6;
SRI. V.R. SARATHY, ADVOCATE FOR R.7;
SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR
SMT. SIRI RAJASHEKAR, ADVOCATE FOR R.8 TO R.15.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER BEARING NO.SaNi-43/Aadalitha/Kalam 31/CR 04/2026-
27 DATED 23.07.2026 PASSED BY THE RESPONDENT NO.4 AT
ANNEXURE-H AND DIRECT THE RESPONDENTS NO.1 TO 6 TO
CONSIDER THE DELEGATION FORM DATED 15.06.2026 AT
ANNEXURE-C FOLLOWED BY BOARD RESOLUTION DATED
12.06.2026 OF THE RESPONDENT NO.7 SOCIETY AT
ANNEXURE-B AS VALID AND PERMIT THE PETITIONER SOCIETY
TO PARTICIPATE AND CAST HIS VOTE IN THE ELECTION TO
THE BOARD OF DIRECTORS OF RESPONDENT NO.6 SOCIETY
AS A DELEGATE OF RESPONDENT NO.7 SOCIETY AS PER THE
ELIGIBLE VOTER LIST AT ANNEXURE-D WHICH IS SCHEDULE
TO BE HELD ON 26.07.2026, ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. Petitioner was elected as a delegate to represent
respondent no.7-Society, which is affiliated to respondent no.6-
Secondary Society, in the elections being conducted to
respondent no.6-Secondary Society on 26.07.2026. The final
voters' list was published on 02.07.2026 and the calendar of
events was published on 03.07.2026. When this was the
situation, on 23.07.2026, the Board of respondent No.7-Society
was superseded and a Special Officer under Section 31 of the
Karnataka Co-operative Societies Act, 1959 ('the Act' for short)
was appointed by respondent No.4. The petitioner in the
instant petition has challenged the said order of appointment of
the Special Officer as well as sought for a writ of mandamus to
direct the authorities concerned not to prevent him from
casting his vote in the election scheduled on 26.07.2026.
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2. On 24.07.2026, this Court has passed the following interim
order:
"The learned AGA accepts notice for respondent
Nos.1, 3, 4 and 5.
Sri.A.Devaraj, learned counsel accepts notice for
respondent No.2.
Sri.V.R.Sarathy, learned counsel accepts notice for
respondent No.7.
Issue emergent notice to the other respondents.
Respondent No.6- Society is the secondary society
to which respondent No.7-Society is affiliated. The
petitioner was chosen as a delegate to represent
respondent No.7-Society in the election to be conducted
to respondent No.6-Society on 26.07.2026. However, the
Board of respondent No.7-Society has been superseded,
because of which, petitioner is not being permitted to
vote in the said election. The contention of the petitioner
is that once the final voters' list is prepared and his name
finds place therein, he cannot be prevented to cast his
vote in the election.
Learned Additional Advocate General, upon
instructions, submits that irrespective of the name of the
petitioner being included in the final voters' list since the
Board of Directors of the Primary Society to which the
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petitioner belongs to has been superseded prior to the
conduct of the elections, he cannot be permitted to vote.
The aforementioned submissions of the learned
counsel for the petitioner as well as the learned AAG
require consideration.
Under the given facts and circumstances of the
case, I am of the opinion that the interest of justice would
be met if an interim order permitting the petitioner to
cast his vote and that would be kept in a separate box, is
passed.
Further, it is submitted by the learned counsel for
the petitioner that petitioner does not intend to contest
the election for Respondent No.6 - Society. Hence the
following:-
ORDER
i. The petitioner shall be permitted to cast his
vote in the election scheduled to be conducted
for the Board of Directors of respondent No.6
Society on 26.07.2026. However, his vote shall
be kept in a separate box. The votes cast by the
other eligible members shall be counted.
However, the result of the election shall not be
announced without the leave of the Court.
ii. The respondents are at liberty to seek
modification of this order, if required.
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iii. If the petitioner were to lose in the writ
petition, he shall not claim equities.
iv. Call on 27.07.2026 at 2.30 p.m."
3. Pursuant to the said interim order, the petitioner has
casted his vote and the same is kept in a sealed cover.
4. The present petition is filed with the following prayers:
"i) Issue a Writ of Certiorari to quash the order bearing
No.SaNi-43/Aadalitha/Kalam 31/CR 04/2026-27 dated
23.07.2026 passed by the respondent No.4 at Annexure-
H;
ii) Issue a writ of mandamus directing the Respondents
No.1 to 6 to consider the Delegation Form dated
15.06.2026 at Annexure-C followed by Board Resolution
dated 12.06.2026 of the Respondent No.7 Society at
Annexure-B as valid and permit the Petitioner Society to
participate and cast his vote in the Election to the Board
of Directors of Respondent No.6 Society as a Delegate of
Respondent No.7 Society as per the Eligible Voter List at
Annexure-D which is schedule to be held on 26.07.2026.
iii) And to pass such other orders as this Hon'ble Court
deems fit to pass in the facts and circumstances of the
case, in the interest of justice and equity."
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5. In the course of the arguments, the learned Senior
Counsel appearing for the petitioner submits that the petitioner
does not press the first prayer, which pertains to appointment
of a Special Officer under Section 31 of the Act. He confines
his arguments insofar as it relates to the second prayer i.e., his
right to vote in the election being conducted to respondent
no.6-Society. He prays that his vote may be counted.
6. It is submitted on behalf of the petitioner that once the
calendar of events is published for an election to the Secondary
Society and his name is included as a delegate of a Primary
Society, unless there is an express order to the contrary
altering the final voters' list, irrespective of whether the Board
of Directors of his parent Society is superseded or not, he
should be permitted to vote. Reliance is placed upon the
provisions of Rule 13-D of the Karnataka Co-operative Societies
Rules, 1960 ('the Rules' for short), which pertains to the
preparation of electoral rolls and calendar of events.
7. Rule 13-D of the Rules reads as under:
"13-D. Preparation of electoral rolls and
calendar of events. -(1) Election Officer shall, after due
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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 therein the following particulars.-
(a) the name and address of the society;
(b) number of elected directors of the board;
(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 District 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 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
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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.
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(v) The election officer has to hear and dispose
the objections filed by the ineligible voters
within sixty days from the date 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.
(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 defaulter, a list of members whose
repayment 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 co-operative 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:
Provided that the draft list of eligible members and
delegates with right to vote, the list of defaulters and the
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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.
(4) It shall be the duty of every society to furnish
correct information required by the Election Officer to
enable him to approve 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) a 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
memberwise 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;
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(b) the admission number, the name of the
society, the 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 and 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
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(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."
8. Petitioner also places reliance upon a judgment of the
Division Bench of this Court in Gunjahalli Nagappa vs. State
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of Karnataka reported in 1975 SCC OnLine Kar 19 wherein
at paragraphs 4, 9 to 11, it has been held as under:
"4. In this petition, two important questions arise
for consideration. They are:
(1) Whether the State Govt. has power to
cancel the calendar of events issued by
the Returning Officer and to direct him to
issue fresh calendar of events; and
(2) Whether the State Govt. has the power to
issue a direction to the Returning Officer
to get the voters' list split up in
accordance with law by the designated
authority.
5. xxx
6. xxx
7. xxx
8. xxx
9. Apart from Rules 24 and 28, there is no other
provision in the Rules which authorises any person or
authority to postpone the polling date, much less, is there
any provision to cancel a calendar of events validly issued
by the competent authority. The power of
superintendence, direction and control conferred on the
State Govt. by Rule 75 cannot, in our opinion, be
construed as including the power to cancel a calendar of
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events validly issued by the Returning Officer or to issue
direction to adjourn the date of poll. The impugned order,
to the extent it purports to cancel the calendar of events
issued by the Returning Officer on 7-12-1974, has
therefore, to be set aside.
10. In the last paragraph of the impugned order,
the State Govt. has directed the Returning Officer to issue
a fresh calendar of events after the voters' list is split up
by the designated authority in accordance with the Rules.
When once it is held that the State Govt. has no power to
cancel the calendar of events issued by the competent
authority the question of directing the competent
authority to issue a fresh calendar of events, would not
arise. That direction issued by the State Govt. necessarily
has to be set aside.
11. Sri K.A Swamy, learned Counsel for the
petitioners, is also right in contending that the direction
issued by the State Govt. in the impugned order to the
Returning Officer to get the voters' list split up by the
designated authority is not warranted by the Rules.
Neither the Act nor the Rules require the Returning
Officer to get the voters' split up by the designated
authority. He has only to hold election in accordance with
the list authenticated by the designated authority under
S. 14(2) of the Act. The State Govt. therefore had no
authority to direct the Returning Officer to perform an act
which is not one of his duties or functions under the Act
or Rules. Hence, the above direction also has to be set
aside."
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9. Reliance is placed upon the definition of 'delegate' in
Section 2(e-1-a) of the Act, which reads as under:
"(e-1-a) "Delegate" means a member of a
Co-operative Society appointed by the Board
to represent that Co-operative society in
other Co-operative Society with power to
participate and vote in the general meeting
and to contest or propose or second in the
election of the Co-operative society to which
he is appointed as delegate."
Based on the aforementioned provision, it is submitted
that the Board of respondent No.7-Society, when it was in
existence in accordance with law, chose the petitioner herein to
be its delegate. The petitioner happened to be its member as
well as its Director. Irrespective of whether the Board is
subsequently superseded or not, he continues to be a member
of respondent No.7-Society and he can function as a delegate
of respondent No.7-Society as per the aforementioned
definition.
10. It is further submitted that the said judgment has been
affirmed by the Hon'ble Apex Court and reliance is placed upon
the decision of the Hon'ble Apex Court in State of Karnataka
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v. Gunjahalli Nagappa reported in 1975 SCC OnLine SC
211 wherein at paragraph 11, it has been held as under:
"11. That takes us to the alternative argument advanced
by the learned Solicitor General on behalf of the State
Government. He contended that in any event even if the
impugned order was bad and the election process was
liable to be continued from the stage, at which it was
interrupted, the poll could be taken only on the basis of
the revised electoral roll which had come into being, in
the meanwhile, in February 1975 and, therefore, it was
necessary for the designated officer to correct the
divisional lists of voters so as to bring them in accord with
the revised electoral roll. This contention is also without
force. It is true that there is no provision in the Act
similar to Section 23 sub-section (3) of the
Representation of the People Act, 1950 providing that no
amendment, transposition or deletion of any entry in the
list of voters for a division shall be made and no direction
for the inclusion of any name in such list of voters shall
be given after the last date for making nominations for an
election in the division. But the scheme of the Act and
particularly Sections 14 and 15 make it clear that it is one
list of voters for each division that is contemplated to be
in force during the entire process of election. The list of
voters is to be prepared for the election and “election”
means the entire process consisting of several stages and
embracing several steps by which an elected member is
returned, whether or not it is found necessary to take a
poll. Vide N.P. Ponnuswami v. Returning Officer,
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Namakkal Constituency [1952 SCR 218]. The list of
voters must, therefore, a fortiori remain the same
throughout the process of election. There cannot be one
list of voters for determining the eligibility to stand as a
candidate and another for determining the eligibility to
vote, at the same election. That would not only be
irrational, but would also introduce confusion and
uncertainty in the election process. Candidates would not
know at the time when they file their nominations as to
what is the strength and composition of the electorate in
the division in which they are contesting the election.
They would also be handicapped in canvassing for votes.
It would indeed be a strange and anomalous position if
there were two or more different lists of voters at
different stages of the same election. Sub-section (1) of
Section 14 does not contemplate a list of voters which
keeps on changing from time to time during the election
process. It deems the electoral roll for the territorial area
of the division in force at the relevant time to be the list
of voters for the division “for the purpose of the Act”, that
is for the purpose of election which is the whole process
culminating in a candidate being declared elected and not
merely polling. The same list of voters is, therefore, to
prevail for all stages in the election. This we find
emphasised also in sub-section (3) of Section 14 which
enacts that every person whose name is in the list of
voters referred to in sub-section (1) shall be qualified to
vote at the election of a member for the division to which
such list pertains. Sub-section (2) of Section 15 also
points in the same direction. It says that
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“the list of voters shall be conclusive
evidence for the purpose of determining under
this section whether the person is qualified or is
not qualified to vote or is qualified or is not
qualified to be elected as the case may be, at an
election”.
The reference here, as a matter of plain grammar, is
indisputably to the same list of voters which is to be
conclusive evidence for both purposes. It is, therefore,
clear, on a proper interpretation of the provision of the
Act, that the Legislature did not intend that the list of
voters should change from time to time during the
process of election and the relevant electoral roll for the
purpose of preparation of the list of voters must
consequently be taken to be the electoral roll in force at
the date when the election process commenced, that is,
the date when the calendar of events was published. The
same view was taken by a Division Bench of the Mysore
High Court in Shivappa Chanamallappa Jogendra v.
Basavannappa Gadlappa Sankar [(1965)2 Mys LJ 289].
We are in agreement with that view. The poll in the
present case must, therefore, be taken on the basis of the
list of voters for each division prepared with reference to
the electoral roll in force on December 7, 1974, that being
the date on which the calendar of events was published
by the Returning Officer."
Based on the aforementioned judgments, it is prayed that
the writ petition be allowed.
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11. Per contra, learned Advocate General supported by
learned Senior Counsel appearing for respondent nos.8 to 15
together submit that Gunjahalli Nagappa's case (supra) does
not apply to the facts of the present case. It is submitted that
the aforementioned ruling pertains to the Municipalities and not
a Co-operative Society. It is further contended that in an
election to a Ward in a Municipality, people often change their
residence and such changes may continue even until the date
of polling and that cannot be a ground for changing the
electoral rolls and the same is not feasible also. For the said
reason, this Court as well as the Hon'ble Apex Court came to
the conclusion that once the electoral rolls are finalized, the
question of altering the same does not arise.
12. It is contended that in the instant case, the matter
pertains to an election being conducted to a Secondary
Co-operative Society where the situation is entirely different, as
the number of electorates are very limited and only the
delegates of the Primary Society, which are affiliated to the
Secondary Society are permitted to cast their vote and in the
instant case, there have been only 21 voters. It is further
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submitted that by operation of law, the petitioner is not entitled
to vote in the election being conducted to respondent no.6-
Society. Reliance is placed on Sections 31(1) and (3);
20(2)(b)(i); 21(2)(a); Explanation to Section 21 and Section
18-B(iii) of the Act.
13. The aforementioned provisions reads as under:
"31. Appointment of Special Officer by the
Registrar .-(1) Where the Registrar is of the opinion that
a co-operative society is not functioning in accordance
with the provisions of the Act, rules or bye-laws on
account of the number of members of the board falling
short of the required number to form a quorum due to
disqualification, resignation or death or removal of a
member, the Registrar may, notwithstanding anything
contained in this Act, rules or bye-laws, by order appoint
a Special Officer for such co-operative society, for such
period not exceeding six months. The Registrar may, for
the reasons to be recorded in writing extend the period of
such appointment for a further period of six months at a
time, and in any case such extension shall not exceed one
year in the aggregate:
(3) On the issue of the order under sub-section (1).—
(a) the members of the board of the co-
operative society, if any, shall vacate and shall
be deemed to have vacated their offices; and
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(b) the Special Officer shall be deemed to
have assumed charge of the affairs of the co-
operative society."
20. Votes of members.- (1) x x x
(2) The following shall not have the right to vote at a
general meeting or an election of the members of
the board of the co-operative society in which they
are members, namely.-
(a) xxx
(a-i) xxx
(a-ii) xxx
(a-iii) xxx
(a-iv) xxx
(a-v) xxx
(b) a co-operative society.-
(i) the board of which stands
superseded or to which a special
officer is appointed under section
31 of the Act."
21. Manner of exercising vote.-
(1) xxx
(2) Notwithstanding anything contained in sub-
section (1).—
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(a) the board of a Co-operative society which is a
member of another Co-operative society may appoint
one of the members of the board to vote on its behalf in
the affairs of that other society:
Provided that where a new board has been elected
to a co-operative society, such newly elected board shall
send a delegate or nominee to any other co-operative
society where it is a member.
Explanation.- For the purposes of section 20 and
this section and wherever else it occurs, the word
'delegate ‘ means a member of a co-operative society to
represent that society in other co-operative societies.
18-B. Cessation of directorship.- A Director of a
secondary Co-operative Society or a Federal Society or an
Apex Society who is a representative of another
co-operative society shall cease to be a director of such
co-operative society forthwith if.-
(i) xxx
(ii) xxx
(iii) the board of the Co-operative Society of
which he is a member has been removed
under section 30, or a special officer
appointed under section 31;"
14. Based on the aforementioned provisions, it is submitted
that the right to vote in an election to a Co-operative Society is
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not a fundamental right but merely a statutory right. It is also
submitted that if there is a conflict between the Rules and the
main Act, the Act prevails over the Rules. It is also contended
that Rule 13-D of the Rules does not contemplate a situation
where the delegate of a Primary Society has incurred
disqualification after the calendar of events is announced and
after the final voters list is published for an election to be
conducted to a Secondary Society. For that purpose, it is
submitted that one has to place reliance upon the
aforementioned Sections of the Act and not Rule 13-D of the
Rules. Reliance is also placed upon a decision of the Division
Bench of this Court in the case of Sri H.S.Mohan Reddy vs.
The State of Kar., Dept. of Co-op., & Ors. reported in ILR
2022 KAR 3543 wherein at paragraphs 61 and 63, it has been
held as under:
"61. If the law also envisages that despite being
elected, if an elected member were to incur any
disqualification, which could either be prior to his election
or after his election, such a person by operation of law
would not be permitted to continue as its Director. Thus,
if the right to continue as a member of a Managing
Committee is subject to the fulfillment of certain
statutorily prescribed requirements, it cannot be
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considered an absolute right. To put it differently, a right
to continue in office after being elected is not an absolute
right and is governed by the statutory provisions and can
also be circumscribed by restrictions or qualifications.
62. xxxxxxxxxxxxxxxxxxxxxxxx
63. It has to be kept in mind that the
disqualification incurred could be either prior to or after
the election. If the disqualification has been incurred prior
to the election and even if he has been voted with a
thumping majority, he would still lose that elected post
be-cause of the lack of prescribed qualification. The
provisions relating to disqualification are primarily
enacted to ensure autonomous functioning, democratic
control and most importantly, the professional
management of a Co-operative Society are achieved."
15. Based on the aforementioned provisions and the decision
of this Court, it is submitted that once the Board of Directors of
a Primary Society is dissolved, then, in that event, the delegate
of that Society will have no right to act as one. It is submitted
that a separate order disqualifying him to cast his vote in the
election being conducted to respondent no.6-Society is not
warranted under the circumstances.
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16. Based on the aforementioned provisions, it is contended
that a member of a Primary Society can be a delegate of that
Society. However, he gets a right to vote or contest in the
elections to a Secondary Society only as a representative of the
Board of the Primary Society and for that purpose, the Board
must be in existence. If the same is superseded, though the
person happens to be a delegate of the Primary Society, he
cannot vote. On the said ground, it is prayed that the writ
petition be dismissed.
17. A perusal of Section 2(e-1-a) of the Act shows that the
petitioner herein is a delegate of respondent No.7-Society. He
is a valid delegate. However, Section 2 of the Act, which is a
definition Section, begins with the words "In this Act, unless
the context otherwise requires". Hence, the term 'delegate' has
to be understood in the context of the intention of the
Legislature expressed in the other provisions of the Act.
18. Section 20(2)(b)(i) of the Act prohibits a delegate of a
Primary Co-operative Society from casting his vote in the
election to the Board of a Secondary Society, if the Board of
the Primary Society stands superseded or to which a Special
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Officer is appointed under Section 31 of the Act, which has
happened in the instant case in respect of respondent No.7-
Society.
19. Thus, under the given facts and circumstances of the
case, the petitioner no doubt is a delegate of respondent No.7-
Primary Society, but he is not entitled to vote in the election to
the Board of respondent No.6-Secondary Society.
20. For the aforementioned reasons, the writ petition is
hereby dismissed. In view of dismissal of the petition, pending
I.As., if any, stand disposed of.
Sd/-
(M.I.ARUN)
JUDGE
hkh.
List No.: 1 Sl No.: 65