IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Dasharatha S/o Late Ramakrishna – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The Petitioner is before this Court seeking for the following reliefs:
i. Issue an appropriate writ order or direction, directing the 4th Respondent Election officer and 5th Respondent Returning Officer to include the name of the Petitioner in the voters list of 6th Respondent Mysore Chamarajanagar District Co-operative Central Bank Voters List and allow him to exercise his vote as delegate of the R7 Society in the ensuing elections to be going on held on 29th June 2025, vide Annexure-J.
ii. Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.
2. The Petitioner is a Director of respondent No.7, namely Kasaba Primary Agriculture Credit Co-Operative Society, which is registered under the Karnataka Co-operative Societies, Act 1959 (hereafter referred to as “KCS Act, 1959”) which caters to the requirements coming within its area of operation.
3. The earlier Board of Directors was elected on 18.03.2020, whose term came to an end on 18.03.2025. Before the term of the Board came to an end, the Board of Directors, in its meeting held on 15.07.2024, had passed a resolution requesting the Co-operative
The appointment of an administrator does not equate to the supersession of a Board, and actions taken prior to such appointment remain valid; votes cast under these circumstances must be counted, sub....
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
The State Government may recommend the appointment of any officer as Administrator of a co-operative society, including senior officers, to facilitate effective elections, provided they have jurisdic....
The court held that electoral participation must be facilitated within legal timelines, ensuring those eligible to vote are included in electoral processes, reflecting a commitment to democratic prin....
The authority to appoint a Supervisor under Section 29-G of the Karnataka Co-operative Societies Act is valid, and resolutions passed by a majority of Directors cannot be annulled based solely on all....
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.
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 upheld the validity of a cooperative society's resolution changing delegates as compliant with the statutory majority requirement, emphasizing the Election Authority's duty to ensure lawful....
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.