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2025 Supreme(Kar) 1918

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

Advocates Appeared:
For the Petitioner:Sri. G.R.Gurumath, Senior Counsel For Sri. Mallikarjunswamy Hiremath, Advocate
For the Respondent:Smt. Nandini Somapur, Aga, Sri. Gurudass Kannur, Senior Advocate, Sri. Sourabh Hegde, Advocate, Sri. Vishwanath Hegde, Advocate

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.

Headnote:(A) Karnataka State Cooperative Societies Act, 1959 - Section 21 - Legal challenge to repeated delegation in elections of a Federal Cooperative Institution - The petitions contend that repeated delegation by respondent violates statutory limits on voting. - Court emphasized the necessity of distinguishing delegations under varying statutes (Souharda Act, Multi-State Act) and the rationale behind Section 21’s intent to prevent electoral monopolization. (Paras 9, 10, 21, 22)

(B) Delegation - Statutory interpretation - Statutory prohibition on a member voting more than twice within the same cooperative society context was upheld regarding delegation limits under Section 21, clarifying that different acts governing cooperatives allow separate delegation counts. (Paras 10, 12, 15)

Facts of the case:
Petitions challenge the third-time delegation for cooperative elections citing Section 21's prohibition against repeated representation within cooperative societies. Arguments revolve around interpretation of legislation governing co-operatives and the ramifications of multiple delegations.

Findings of Court:
The court determined that the third delegation does not contravene Section 21 as it pertains to separate acts governing the societies, reaffirming limits on voting by delegates.

Issues: Primarily addressing whether delegations under cognate statutes should be aggregated for applying restrictions under Section 21.

Ratio Decidendi: The court concluded that only delegations under the Cooperative Societies Act count towards the limitation, thus permitting valid third delegations under different statutes.

Result: Petitions W.P.No.107749/2025 and W.P.No.107758/2025 dismissed; W.P.No.107803/2025 allowed.

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

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