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2015 Supreme(Kar) 992

IN THE HIGH COURT OF KARNATAKA
Subhro Kamal Mukherjee And B.V. Nagarathna, JJ.
D. Puttegowda - Appellant
Versus
G.T. Devegowda - Respondent
Writ Appeal Nos. 2383 and 2384 of 2015 (CS-EL/M) along with Writ Appeal No. 2400 of 2015
Decided on : 4-8-2015

Advocate Appeared:
For the Appellant :Subramanya Jois, Senior Advocate for Shantakumar K.C., Advocate.
For the Respondent No. 1:Jayakumar S. Patail, Devi Parsad Shetty, Advocates.
For the Respondent No. 2:Ravivarma Kumar, Advocate General and D. Nagaraj, Additional Government Advocate.

Headnote:KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 - Sections 70, 71: [Subhro Kamal Mukherjee, Actg. C. J. & B. V. Nagarathna, JJ] Election dispute - Election to Board of Directors of federation - Eligibility to contest election in dispute - Interim order passed by single Judge staying operation of order of rejection of nomination of candidature - Held, High Court has power to interfere with election dispute only in most extraordinary circumstances. It cannot stall election once election process has commenced. If interim order is permitted to be continued, situation will become irreversible. In the circumstances, interim order was set aside.

JUDGMENT :

By consent of the learned Advocates for the contesting parties, we take the appeals for hearing.

2. These appeals are against judgment and order dated July 28, 2015 passed by the Hon'ble Single Judge in Writ Petition No. 31005 of 1995. By the order impugned, the Hon'ble Single Judge, inter alia, passed an interim order staying the operation of the order dated July 23, 2015 passed by the Returning Officer for Election of the Karnataka State Co-operative Federation Limited, rejecting the nomination of the candidature of the writ petitioner, the respondent No. 1 in these appeals, for election of the Board of Directors of the said Federation.

3. The writ petitioner, the respondent No. 1 in the appeals, is a member of the respondent No. 8 - Srikanteshwara Multi-purpose Co-operative Society. He was co-opted as a Director of the Board of Directors of the respondent No. 8. The respondent No. 8 is stated to be a member of the Mysore District Co-operative Union. At the time of holding election of the Mysore District Co-operative Union, the respondent No. 8 nominated the writ petitioner - the respondent No. 1 in these appeals to contest the election of the respondent No. 7 - Mysore District Co-operative Union. The writ petitioner was elected as a Director of the respondent No. 7 also.

As a Director, the writ petitioner claims that he was entitled to contest for election of the respondent No. 5 - the Karnataka State Co-operative Federation Limited.

4. The election of writ petitioner as a Director of the respondent No. 7 is challenged in a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, before the Registrar of Co-operative Society. The matter is now pending before the Joint Registrar concerned.

Two disputes were filed challenging the election of the Directors of the Mysore District Co-operative Union. The first challenge was in relation to the entire election. The second challenge was specifically against the writ petitioner, questioning his eligibility to contest the election of the respondent No. 7.

5. However, as the nomination of the writ petitioner was rejected by the Returning Officer, the writ petitioner approached this Court and obtained ad-interim order of injunction, as indicated herein above, from the Hon'ble Single Judge.

6. These appeals are filed challenging the order of the Hon'ble Single Judge. A Division Bench of this Court while entertaining these appeals, inter alia, passed an interim order on July 31, 2015 permitting the authorities to hold the election scheduled for August 1, 2015. However, it was directed that the results would not be declared till August 4, 2015.

7. The learned Advocate General strenuously argues that the respondent No. 8 was not competent and could not be a member of the respondent No. 7, by drawing our attention to the bye-laws of respondent No. 7 - the Mysore District Co-operative Union that memberships are open only to primary co-operative societies, taluk Level Societies and District Level Societies. He draws our attention to the explanation to bye-law 7 of the respondent No. 7 that primary co-operative societies would have their areas of operations confined to below the taluk level, minimum of having one village. Learned Advocate General draws our attention to the bye-law of the respondent No. 8 - Srikanteshwara Multipurpose Co-operative Society and submits that the area of the operation of that Society is extended to the Districts of Mysore, Mandya, Chamarajanagar, Hassan and Madikeri. Therefore, learned Advocate General submits that it is neither a primary co-operative society nor a Taluk Level Co-operative Society nor a District Co-operative Society. Learned Advocate General submits, therefore, that the respondent No. 8 is not eligible to become a member of the respondent No. 7. Thus, there was no scope of nominating the writ petitioner to contest the election of the respondent No. 7. He submits that the writ petitioner is not validly elected as a Director of th
















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