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Karnataka High Court
K.CHANNAIAH - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 06-12-00
W.P. : 10712 of 2000
Election Postponement - Karnataka Co-operative Societies Act - Section 30-B - Summary of Acts and Sections: The court considered the legality of the government's power to postpone elections under Section 30-B of the Karnataka Co-operative Societies Act. It analyzed various provisions of the Act, including Section 28-B, Section 29-A, Section 29-C, and Rule 13, to establish that there is a statutory duty to hold elections before the expiry of the committee's term. The court also referred to the deletion of Section 121 and the subsequent reintroduction of Section 30-B, emphasizing that the government's power to postpone elections cannot be used to violate the statutory provisions of the Act. The judgment highlighted the principle that once the election process has commenced, it must continue in accordance with the original calendar of events, even if interrupted by an order without authority of law. The court directed the Registrar of Co-operative Societies to ensure the completion of the election process within specified timelines.
Fact of the Case:
The petitioners challenged the government's order to postpone elections to the Committee of the Primary Co-operative Agriculture and Rural Development Bank. The impugned notifications were issued under Section 30-B of the Karnataka Co-operative Societies Act, citing public interest reasons such as members' involvement in local body elections and ongoing loan recovery proceedings.
Finding of the Court:
The court found that the government had no power to postpone elections contrary to the mandate of the statute and that Section 30-B did not give the government the power to do so. It also held that once the election process has commenced, it must continue in accordance with the original calendar of events, even if interrupted by an order without authority of law. The court directed the Registrar to ensure the completion of the election process within specified timelines.
Issues: The issues before the court included whether the government had the power to postpone elections contrary to the mandate of the statute, whether Section 30-B gave the power to the government to postpone elections, and how the election process should proceed after being interrupted by the impugned notification.
Ratio Decidendi: The court established that there is a statutory duty to hold elections before the expiry of the committee's term and that the government's power to postpone elections cannot be used to violate the statutory provisions of the Act. It also emphasized the principle that once the election process has commenced, it must continue in accordance with the original calendar of events, even if interrupted by an order without authority of law.
Final Decision: The court directed the Registrar of Co-operative Societies to ensure the completion of the election process within specified timelines and disposed of the writ petition accordingly.
( 1 ) HEARD Mr. Jayakumar Patil, the learned Counsel for the petitioners and the learned Advocate General, the learned Counsel for the respondents.
( 2 ) ISSUE rule.
( 3 ) THE petitioners are not only members but also candidates for the election to the Committee of the Primary Co-operative Agriculture and rural Development Bank (2nd respondent ). The petitioners in this writ petition challenge the order of the Government, dated 15-3-2000 at Annexure-D and the Corrigendum dated 15-3-2000.
( 4 ) A notification at Annexure-D and a corrigendum of the same date was issued by the Government of Karnataka. A perusal of the English translation of the impugned notifications indicate that the Government had exercised powers under Section 30-B of the Karnataka Co-operative societies Act (hereinafter referred to as 'the Act') to issue the impugned notifications.
( 5 ) IT would be appropriate at this stage to deal with Section 30-B of the Act (Karnataka State Act 13 of 2000 ). Section 30-B gives certain power to the State Government to issue certain directions in public interest from time to time to the Co-operative Societies and the societies are bound to comply with such directions.
( 6 ) SECTION 30-B of the Act reads as follows. "30-B. Powers to give direction in public interest. (1) where the State Government is satisfied that in public interest or for the purpose of securing proper implementation of co-operative and other development programmes approved or undertaken by the State Government or for specially safeguarding the interest of the members belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes and ensuring reservation to persons belonging to such Castes, Tribes or Classes in the services under the Co-operative Societies, it is necessary to issue directions to any class of Co-operative Societies generally or to any co-operative Society or Co-operative Societies in particular, it may issue directions from time to time and all such Co-operative societies or the Co-operative Society concerned shall be bound to comply with such directions. (2) The State Government may modify or cancel any directions issued under sub-section (1) and in modifying or cancelling such directions may impose such conditions as it may deem fit. (3) The State Government may by notification, delegate its power under this section to the Registrar, subject to such restrictions and conditions as may be specified in the notification".
( 7 ) SECTION 30-B was originally Ordinance No. 1 of 2000 issued on 25-1-2000. It became an Act on 27th of April, 2000 by Karnataka Act 13 of 2000. The Act received its assent on 27th of April, 2000.
( 8 ) ON the basis of the power to give directions a notification was issued on 15-3-2000 at Annexure-B.
( 9 ) ACCORDING to the notification issued under Section 30-B all elections to Co-operative Societies was to be postponed after 31-3-2000 to 30-6-2000. This notification was issued in public interest on two grounds: (1) Members of the Co-operative Society are actively involved in the elecfton of local bodies; (2) Loan recovery proceedings are in progress. These are the two grounds on which the impugned notification was issued. A corrigendum was issued on the same date bringing to halt the process of election by three months. By such corrigendum it necessarily follows that even if calendar of events have been issued by the returning Officer, elections should not be proceeded with for three months.
( 10 ) ENGLISH translation of the notification, dated 15-3-2000 and the corrigendum, dated 15-3-2000 reads as follows. "government of Karnataka no. CMW 31 CLM 2000 Karnataka Government secretariat, m. S. Building, bangalore, dated 15-3-2000. NOTIFICATION the election to several Co-operative Societies is required to be held by 31-3-2000. The process of election for the local bodies has already started and therefore, members of Co-operative Societies are not in a position to actively participate in t
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