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N. V. ANJARIA, K. V. ARAVIND
C. V. Mahalingaiah, S/o. Late Venkategowda – Appellant
Versus
State of Karnataka, By the Dept. of Co-Operation, Rep. by Its Principal Secretary – Respondent
JUDGMENT :
N.V. Anjaria, C.J.
Heard learned Senior Advocate Mr. D.R. Ravishankar assisted by learned advocate Mr. Nagaraju for the appellants, learned Additional Advocate General Smt. Prathima Honnapura with learned Additional Government Advocate Ms. Niloufer Akbar for respondent Nos.1, 3 and 4 and learned advocate Mr. A.C. Balaraj for respondent No.5.
2. The present appeal was directed against the order dated 22.01.2024 passed by learned Single Judge. The petition was disposed of with the following observations in paragraph 6 of the order,
3. The dispute is related to holding of elections to the Board of respondent No.5-Tumkur Co-operative Milk Producers Societies Union Limited for the next term of five years from 2023 to 2028. It was stated by the petitioners in the petition that respondent No.5-Society was a secondary/federal co-operative society which had 1380 members
The court affirmed that delays in co-operative elections due to concurrent parliamentary elections are legitimate, provided the election process is statutorily followed.
Elections for a co-operative society must be conducted before the board's term expires, and postponement requires valid legal grounds, not merely the absence of police protection.
The election process for cooperative societies, once commenced, cannot be halted based on conflicting government orders; elections must proceed from the stage they were interrupted.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
The main legal point established in the judgment is the importance of conducting elections to the Boards of DCC Banks in a time-bound way and the lack of textual support for the automatic disqualific....
The main legal point established in the judgment is that the term of the managing committee of cooperative societies should not be extended beyond the statutory period prescribed in the Maharashtra C....
The suspension of election should only occur under specific circumstances as provided in the rules, and the appointment of an alternative body and election officer may be necessary to ensure a free a....
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....
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