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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M. POONACHA, J.
Sri H.T. Munikumar, S/o. Thimmaiah & Ors. - Petitioners
Versus
The State of Karnataka Department of Co-operation, Represented by its Secretary & Ors. - Respondents
Writ Petition No. 22398 of 2023 (CS-RES) c/w Writ Petition No. 23943 of 2023 (CS-RES) c/w Writ Petition No. 23318 of 2023 (CS-EL/M)
Decided On : 05-01-2024
Elections - Karnataka Co-operative Societies Act, 1980 - Section 29-E, Section 31(1), (2), (3) - Summary of Acts and Sections: The court considered the resignation of directors and the appointment of a Special Officer under Section 31(1) of the Act. The court analyzed the provisions of Section 29-E, which stipulates the filling up of casual vacancies in the office of board members, and Section 31(3), which states that members shall vacate their offices upon the appointment of a Special Officer. The court referred to previous judgments to interpret the statutory provisions and held that elections were required only for the vacancies that arose due to resignations.
Fact of the Case:
The petitioners were elected as Directors of the respective societies for a specific term. Subsequently, due to resignations of other directors, Special Officers were appointed, and elections were proposed for the entire board. The petitioners challenged the need for elections to all posts, as they had not resigned.
Finding of the Court:
The court analyzed the relevant statutory provisions and previous judgments to determine whether elections were required for all directors or only for the vacancies due to resignations. The court held that elections were necessary only for the vacancies created by the resignations and dismissed the writ petitions.
Issues: The main issue was whether elections were required for all directors or only for the vacancies due to resignations.
Ratio Decidendi: The court interpreted the statutory provisions, particularly Section 29-E and Section 31(3) of the Act, and relied on previous judgments to establish that elections were necessary only for the vacancies created by the resignations.
Final Decision: The court dismissed the writ petitions, upholding the view that elections were required only for the vacancies created by the resignations.
ORDER :
Since common questions arise for consideration in the present writ petitions they are taken up together for consideration.
2. W.P. No.22398/2023 is filed seeking for the following reliefs :
ii. Issue a writ of mandamus or any other appropriate writ or direction, directing the Respondent No.2 to 5 to call for the any Election to the vacant posts of board of Directors for the term of 2023-2028 of Respondent No.3 Society as per Section 29-E of the Karnataka Co-operative Societies Act, 1980 forthwith.
iii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.”
3. W.P.23943/2023 is filed seeking for the following reliefs :
(b) Issue any appropriate writ or order or direction declaring that the order passed by the 3rd respondent on 22.09.2023 at Annexure-D, shall not have any effect on the petitioners and the place of the petitioners in the Board of the Respondent No.4 society have not become vacant, notwithstanding the passing of the order dated 22.09.2023 at Annexure-C by the Respondent No.3 herein; and
(c) consequently, issue any other appropriate writ or order or direction directing the respondents herein not to take any action to fill the place of the petitioners in the Board of the Respondent No.4 society, till the completion of their term, notwithstanding the order dated 22.09.2023 at Annexure-C passed by the Respondent No.3; and
(d) to issue appropriate writ or order or direction directing the respondents herein to fill up only those place of Directors which have become vacant in the Board of the Respondent No.4 society, owing to the resignations, either by conducting election or by co-option; and
(e) Grant any other reliefs as deemed fit by this Hon'ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity.
4. W.P. No.23318/2023 is filed seeking for the following reliefs :
(b) Issue any appropriate writ or order or direction declaring that the order passed by the 3rd respondent on 04.09.2023 at Annexure-B, shall not have any effect on the petitioners and the place of the petitioners in the Board of the Respondent No.4 society have not become vacant, notwithstanding the passing of the order dated 04.09.2023 at Annexure-B by the Respondent No.3 herein; and
(c) consequently, issue any other appropriate writ or order or direction directing the respondents herein not to take any action to fill the place of the petitioners in the Board of the Respondent No.4 society, till the completion of their term, notwithstanding the order dated 04.09.2023 at Annexure-B passed by the Respondent No.3; and
(d) to issue appropriate writ or order or direction directing the respondents herein to fill up only those place of Directors which have become vacant in the Board of the Respondent No.4 society, owing to the resignations, either by conducting election or by co-option; and
(e) Grant any other reliefs as deemed fit by this Hon'ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity.
5. The relevant facts in W.P. No.22398/2023 are that the petitioners were elected as Directors of Respondent No.3 – Society for the term 2023 to 2028 in the elections held on 26.07.2023, wherein a total o
Boards of directors must vacate their positions post-term completion as per S. 49(8) of the Act.
The main legal point established in the judgment is the validity of the appointment of a Board of Administrators for a Co-operative Society under the West Bengal Co-operative Societies Act, 2006.
Section 29B of KCS Act is reproduced resignation of member of a board or office-bearer of a Co-operative Society.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
The term of a cooperative society's managing committee cannot be extended beyond its statutory period despite external delays affecting elections.
The court reaffirmed that administrative actions must adhere to proper legal procedures and that arbitrary withdrawal of electoral notifications without just cause constitutes legal malice, disruptin....
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
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