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THE HIGH COURT OF KARNATAKA
M G UMA
VENKATAREDDY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioners being the President and Directors are seeking issuance of writ in the nature of certiorari to quash the Resolution dated 26.03.2025 passed by respondent No.4 - Society produced as per Annexure-K and the Communication dated 24.03.2025 issued by respondent No.2 produced as per Annexure-L.
2. Heard Sri Jayakumar S Patil, learned senior advocate for Sri Devi Prasad Shetty, learned counsel for the petitioners, Sri Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 and 2, Sri Kalleshappa, learned counsel for respondent No.3 and Sri D R Ravishankar, learned senior advocate for Sri S Saravana, learned counsel for caveator-respondent No.6. Perused the materials on record.
3. Learned senior advocate for the petitioners contended that the election to respondent No.3 - Bank was scheduled to be held on 29.05.2025 and Notification was issued in that regard. Respondent No.4 was required to send delegation on behalf of the Society to participate in the said election and in that regard a meeting was scheduled on 24.03.2025. There was a galata in the meeting and the Secretary was unwell and admitted to the hospital. Therefore, the meeting could not be
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Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
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Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.
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The validity of a co-operative society's election resolution is upheld despite procedural lapses, provided errors stem from external administrative mistakes.
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
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