IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M. Nagaprasanna, J.
Mohan, S/O. Narayan Nayak - Petitioner
Versus
The State Of Karnataka, Represented By Its Principal Secretary, Department Of Co-Operation - Respondents
Writ Petition No. 107749 of 2025 (CS –RES), Writ Petition No. 107758 of 2025 (CS –RES), Writ Petition No. 107803 of 2025 (CS – EL/M)
Decided On : 15-12-2025
| Table of Content |
|---|
| 1. legality of delegate voting in cooperative elections (Para 1 , 2 , 3) |
| 2. statutory delegation limitations under cooperative law (Para 5 , 6) |
| 3. interpretation of cooperative statutes (Para 8 , 9) |
| 4. cognate statutes and their relevance in cooperative governance (Para 10 , 11 , 12 , 13 , 14) |
| 5. judicial outcome based on statutory interpretation (Para 16 , 17 , 18 , 20) |
ORDER :
M.NAGAPRASANNA, J.
Conglomeration of these writ petitions present a singular yet recurring question touching upon the very heart of cooperative democracy – namely, the legality of repeated delegation for the purpose of voting in the elections of a Federal Cooperative Institution. Though, the factual settings in each petition vary in their contours, the legal fulcrum upon which these petitions pivot remains common. Therefore, I deem it appropriate to notice the facts in each of the cases.
2. Shorn of unnecessary details, brief facts in each of the cases are as follows:
2.1. In W.P.No.107749/2025, the petitioner is a Society, represented by the delegatee in the subject petition. He becomes the delegate to vote in the 7th respondent’s ensuing elections. The challenge is to the delegatee of the 6th respondent to cast his vote in the elections of the 7th respondent-Kanara DCC Bank Ltd, Sirsi [KDCC]. It is the allegation of the petitioner that the said delegatee has already cast his vote as a delegatee in two other elections hitherto held and therefore, this delegation would form the third in line for the ensuing elections and therefore, there is a statutory bar in appointing a delegatee of the 6th respondent for the third time for an election.
2.2. In W.P.No.107758/2025, it is preferred by another delegatee of Central Cooperative Wholesale Stores Limited again to stop the 6th respondent from sending any delegate to vote in the 7th respondent election. The legal grounds set out is the same that it is the third time, the 6th respondent has delegated someone for the purpose of voting in the 7th respondent.
2.3. In W.P.No.107803/2025, is now an admitted fact that the 6th respondent is the delegatee of one Sangha which admittedly is the third in line. Therefore, two of the petitions noted hereinabove are contested and the law in regard to the third one is already declared by this Court.
3. The petitions raise a challenge to the nomination of delegates by certain cooperative societies to participate in elections of the 7th respondent – Canara District Central Cooperative Bank Limited. The grievance of the petitioners is that the 6th respondent, under different statutory enactments has already exercised its right of delegation on two prior occasions and that the present nomination constitutes a third delegation, thereby infringing the statutory embargo engrafted in Section 21 of the Karnataka State Cooperative Societies Act, 1959. The petitions are by the delegatee of Mahabaleshwara Cooperative Bank, calling in question the delegation of the delegatee of the 6th respondent to stop him from voting in the ensuing elections of the 7th respondent - Canara District Central Cooperative Bank Limited.
4. Heard the respective learned counsels representing the parties in each of these cases.
4.1. In W.P.No.107749/2025, heard Sri.G.R.Gurumath, learned Senior Counsel for Sri.Mallikarjunswamy Hiremath, learned counsel appearing for the petitioner, Smt.Nandini Somapur, learned counsel appearing for respondent Nos.1 to 5, Sri. Gurudass Kannur, learned Senior Counsel for Sri.Sourabh Hegde, learned counsel for respondent No.6, Sri.Vishwanath Hegde, learned counsel for respondent No.7.
4.2. In W.P.No.107758/2025, heard Sri.Raviraj C Patil, learned counsel for Sri.Mallikarjunswamy Hiremath, learned counsel appearing for the petitioner, Smt.Nandini Somapur, learned counsel appearing for respondent Nos.1 to 5, Sri.Aruna Shyam, learned Senior Counsel for Sri.Sourabh Hegde, learned counsel appearing for respondent No.6, Si.Vishwanath Hegde, learned counsel for respondent No.7.
4.3. I
AI
A delegate under different cooperative statutes can hold multiple voting rights without infringing the two-vote limit established by Section 21 of the Karnataka State Cooperative Societies Act, 1959.
Section 16B of KCS Act creates an ineligibility for a member of an APCOS to continue as an active member in certain circumstances, which are totally unique to such a type of society.
The central legal point established in the judgment is the interpretation of the eligibility criteria for a member society to vote in the affairs of a federal society under Section 27(3) of the Mahar....
The disqualification under Section 21-A of the A.P. Cooperative Societies Act does not affect the general body membership of the cooperatives, emphasizing distinct roles of committees and general bod....
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 main legal point established in the judgment is the interpretation and application of sec. 27(3) of the Maharashtra Co-operative Societies Act, 1960, regarding the eligibility of co-operative soc....
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 main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
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