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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
M. NAGAPRASANNA
Shivalli Milk Producer, Co-Operative Society Shivalli – Appellant
Versus
Additional Registrar Of Co-Operative Societies, Department Of Co-Operative – Respondent
| Table of Content |
|---|
| 1. background of the petitions and election issues. (Para 1 , 4) |
| 2. challenge to the election process. (Para 3) |
| 3. arguments from petitioners about disqualification and election. (Para 6) |
| 4. respondents refuting petitioner's claims on disqualification. (Para 7) |
| 5. court's observations on facts and previous proceedings. (Para 8 , 9) |
| 6. legal obligations under cooperative society rules. (Para 10) |
| 7. importance of following legal procedures for elections. (Para 11) |
| 8. court's reasoning on procedural mandates. (Para 12 , 13 , 14) |
ORDER :
M. NAGAPRASANNA, J.
W.P.No.104391 of 2025 is preferred by the President of Dharwad Gadag and Uttara Kannada District Milk Producer Co-operative Union Ltd., Dharwad (‘Union’ for short). The companion petition W.P.No.108123 of 2025 is preferred by the Shivalli Milk Proucer Cooperative Society, Shivalli (‘Society’ for short) and the 2nd petitioner being the petitioner in the companion petition W.P.No.104391 of 2025. Since W.P.No. 108123 of 2025 is an offshoot of W.P.No.104391 of 2025, the two are taken up together and considered by this common order.
2. Heard Sri Jayakumar S Patil, learned senior counsel appearing for petitioners; Sri Gangadhar J.M,
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
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 suspension of election should only occur under specific circumstances as provided in the rules, and the appointment of an alternative body and election officer may be necessary to ensure a free a....
The main legal point established in the judgment is the importance of conducting elections to the Boards of DCC Banks in a time-bound way and the lack of textual support for the automatic disqualific....
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
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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