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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Vasu H. N., S/o. Late M.S. Nagaraja Shetty – Appellant
Versus
State Of Karnataka, Department Of Co-Operation, Represented By Its Principal Secretary – Respondent
ORDER :
K.S. HEMALEKHA, J.
W.P.No.2112/2025 is filed seeking for the following prayers:
“i) Issue a writ in the nature of mandamus directing the respondents 1 to 8 to hold elections for the managing committee of the 9th respondent i.e., Kasaba Primary Agricultural Credit Co-operative Society Ltd., Hunsur Taluk, Mysore District, only after addressing the complaints lodged by the petitioners and other members of the society and publication of correct voters list, after strictly following the procedure prescribed under Karnataka Co- operative Societies Act & Rules and;
ii) Pending completion of election process to the new Board of Management of the 9th respondent society, direct the respondents No.1 to 3 to appoint an Administrator to hold the elections in a fair and transparency manner after addressing all the grievances of its members / shareholders of the society in accordance with law and;
iii) Grant such other relief/s as deems fit by this Hon'ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity.”
2. W.P.N.1575/2025 is filed seeking for the following prayers:
“(a) A wit in a nature of certiorari quashing the postponemen
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 court affirmed that delays in co-operative elections due to concurrent parliamentary elections are legitimate, provided the election process is statutorily followed.
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....
Elections to a cooperative society cannot be postponed merely on the ground that there is a reasonable apprehension that voters will not be allowed to vote frankly and freely.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Kerala Co-operative Societies Act deal with procedure for adjudication of any dispute arising in connection with election of board of management or any officer of a Co-operative Society.
Rule 35A of Kerala Co-operative Rules, 1969 deals with procedure regarding conduct of election to committee of Societies by State Co-operative Election Commission.
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.
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