Apex Societies are Federal Societies; Statutory Exemptions for Federal Societies Automatically Extend to State-Level Apex Societies

The Appellant, President of a primary poultry farmers' co-operative society, contested for a Director's post in the Respondent No. 5 Society (an Apex Society).

Respondents No. 6 to 67, also Primary Societies and members of Respondent No. 5, were initially excluded from the voter list because they were registered less than 12 months before the election, triggering disqualification under Section 20(2)(a-iii) of the KCS Act.

Following a Government Order (GO) dated 29.05.2025 issued under Section 121 of the KCS Act, which relaxed this 12-month requirement for primary societies that are members of "Federal Societies," the Returning Officer included them.

The Appellant challenged this inclusion, arguing the GO applies only to district-level Federal Societies and not to "Apex Societies".

The learned Single Judge dismissed the writ petition and ordered a recount including the disputed votes.

Section 2(a) of the Karnataka Co-operative Societies (KCS) Act, 1959, which defines an "Apex Society" as a federal society whose area of operation extends to the whole State.

Section 2(e-4), defining a "Federal Society" as any society where membership is not open to individuals.

Section 20(2)(a-iii), regarding the 12-month bar on voting rights.

Section 121, which empowers the State to exempt societies from statutory provisions.

Interpretive rules of ejusdem generis and purposive construction as established in Amar Chandra Chakraborty v. Collector of Excise and Vivek Narayan Sharma v. Union of India regarding advancing legislative intent.

The Appellant argued that the phrase "other Federal Cooperative Societies" in the GO should be interpreted using ejusdem generis, restricting it to district-level societies similar to those specifically named (e.g., District Central Co-operative Banks).

The Court rejected this, noting that an "Apex Society" is, by statutory definition, a "Federal Society".

Applying purposive interpretation, the Court found the GO's objective was to enable a large number of newly registered Primary Societies to participate in democratic processes.

The Court held that excluding Apex Societies would defeat this purpose and that there was no rational nexus for distinguishing between Federal Societies based on their area of operation (district vs. state).

The Court dismissed the State Co-operative Election Authority's subsequent "clarification" excluding Apex Societies, ruling that such a letter cannot override or amend a statutory order issued under Section 121.

The appeal was dismissed, and the direction to include the votes of Respondents No. 6 to 67 in the election results stands.