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ALOK ARADHE, S. VISHWAJITH SHETTY
N. H. Sripad Rao – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. These appeals arise out of orders dated 28.04.2022 passed by learned Single Judge in W.P.No.233/2022 and W.P.243/2022. Since, common issue arise for consideration in these appeals, they were heard analogously and are being decided by this common judgment. For the facility of reference, we shall advert to the facts involved in these appeals separately.
2. The respondent No.12 in W.A.No.420/2022 was elected Director of Kanchugaranahalli Milk Products Society (hereinafter referred to as 'the primary society' for short) . The aforesaid respondent is also an elected Director of respondent No.4, Shimoga, Davanagere and Chitradurga District Cooperative Milk Producers Union, Shimoga (hereinafter referred to as 'Milk Union' for short), which is sponsored by primary society. The respondent No.12 is also Vice President of the Milk Union. A notice dated 27.12.2021 was issued to aforesaid respondent fixing the date of appearance as 30.12.2021, which was affixed on the notice board of primary society at 8.30 p.m.
3. The respondent No.12 appeared on 30.12.2021 and sought time. However, the case was posted for 31.12.2021. On 31.12.2021, the petitioner filed an application seeking to engag
Challenges to elections should be made through the special remedy provided by the statute and not through the writ jurisdiction of the court under Article 226.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Government exemptions allow newly registered co-operative societies to vote, overriding internal clarifications against their participation.
The court emphasized the importance of adhering to the provisions of the Goa Co-operative Societies Rules 2003 and Bye-law 20.1.6 in determining the eligibility of representative members to contest e....
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
The main legal point established in the judgment is the interpretation of the deeming clause for cessation of membership and the jurisdiction to adjudicate the issue of cessation of membership in the....
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