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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. HEMALEKHA
M.P. Chandrashekhar, S/o Sri M. Puttaswamy – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
K.S. HEMALEKHA, J.
The petitioner aggrieved by the notification dated 28.02.2024 issued by the respondent No.1 appointing respondent No.8 as the nominated Director of the board of management of the respondent No.4 – Society and also aggrieved by the draft eligible voters list dated 04.12.2024 published by respondent No.6 including the name of respondent No.8 as a representative / delegate for respondent No.4-society in the election to the Mandya District Cooperative Milk Producers Society Union Limited (‘Union’ for short) is before this Court in this writ petition.
2. Heard Smt. Vaishali Hegde, learned counsel for the petitioner, Smt. Hemalatha .V, learned AGA along with Smt. Prathima Honnapura, learned AAG for respondent Nos.1 to 3 and 6, Sri Sandesh T.B., learned counsel respondent No.4-society.
3. Learned counsel for the petitioner drawing the attention of this Court to Section 28A (4-B)(1) of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959 (for short ‘KCS Act’) submits that respondent No.4 being not a assisted society, therefore, the nomination of respondent No.8 by the State Government to the Board of Management of respondent No.4-society violates Section 28A (4-B)(1).
4. P
The court confirmed that the nomination of a director for a cooperative society is valid if the society qualifies as 'assisted' under the KCS Act due to recent government aid, and established limitat....
The court established that applicants for cooperative society membership are deemed members if no action is taken within two months, and emphasized only the Chief Executive Officer can represent the ....
The main legal point established in the judgment is that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee of the coop....
Section 29-C of the Karnataka Co-operative Societies Act applies to individual misconduct, not collective board decisions; thus, disqualifying directors for collective actions is improper.
The court emphasized the necessity of public interest and adherence to natural justice in appointing government nominees to cooperative societies under Section 80(2) of the Act.
The State must independently form an opinion on public interest before appointing nominees to a cooperative society's managing committee, as mandated by Section 80(2) of the Gujarat Cooperative Socie....
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