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C. M. POONACHA
H. T. Munikumar, S/o. Thimmaiah – Appellant
Versus
State of Karnataka Department of Co-operation, Represented by its Secretary – Respondent
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 orde
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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