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2025 Supreme(Online)(KAR) 11821
KARNATAKA HIGH COURT
SRI.C.CHANNEGOWDA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 9179 / 2025
The Chief Executive Officer must notify ineligible voters, while the Election Officer prepares the list of eligible voters, as per the Karnataka Co-operative Societies Rules.
Headnote:(A) Karnataka Co-operative Societies Act, 1959 - Section 20(2)(a-iv), (2)(a-v) - Karnataka Co-operative Societies Rules, 1960 - Rule 13-D - Writ of mandamus sought for conducting elections to the Board of Management of a society - Court held that the Chief Executive Officer must prepare a list of ineligible voters and issue notices to them, without obligation to notify eligible voters at this stage. (Paras 8-12)
(B) Compliance with electoral process - The Election Officer is responsible for preparing the eligible voters list after addressing objections from ineligible voters, ensuring fair conduct of elections as per the KCS Rules. (Paras 10-12)
Facts of the case:
Petitioners sought a writ of mandamus for conducting elections to the Board of Management for the term 2025-2030, arguing that proper notices were not issued to eligible members.
Findings of Court:
The Court clarified that the Chief Executive Officer's duty is limited to notifying ineligible voters and that no notice is required for eligible voters at this stage.
Issues: Whether the Chief Executive Officer is required to issue notices to eligible voters during the election process.
Ratio Decidendi: The court emphasized that the preparation of the list of eligible voters rests with the Election Officer, following the proper procedures laid out in the KCS Rules.
Result: Writ Petition allowed.
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
" a) Issue a writ of mandamus to the respondents directing to conduct and complete the elections to Board of Management of 4th respondent Society for term (2025-2030) as expeditiously as by appointing Returning Officer as provided under Rule 13-E from the stage/ process where it was halted and conduct election in accordance with the provisions contained in Rule 14 of the Karnataka Co-operative Societies Rules 1960.
b) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity."
2. The submission of Sri. Saravana S., learned counsel for the petitioners is that, the requirements of Rule 13-D of the Karnataka Co- operative Societies Rules, 1960 (hereinafter for brevity referred to as "KCS Rules") having been fulfilled, elections have to be held and as such, the aforesaid relief of mandamus is sought for.
3. Learned AGA, upon enquiry and instructions submits that, notices have not been issued to all the members there being a total number of 1117 members, notice has been issued only to 670 members.
4. In reply, learned counsel for the petitioners would submit that notices have been issued only to ineligible members, notices have not been issued to the eligible members as also deceased members and new members, since the requirement of Section 20 (2)(a-iv) and (2)(a-v) of the Karnataka Co-operative Societies Act , 1959 would not apply to new members. On that basis, he submits that compliance is made with respect to Rule 13-D(2) of the KCS Rules and as such, there is no impediment for the Administrator to go on with the elections.
5. In reply, learned AGA submits that this information has not been conveyed to the Registrar, only the list of ineligible members who had been issued notices has been conveyed and as such, no action could be taken.
6. Heard Sri. Saravana S. learned counsel for the petitioner and the learned AGA for respondents No.1, 3 and 4. Perused the papers.
7. Rule 13-D of the KCS Rules, is reproduced herein for easy reference:
"13-D. Preparation of electoral rolls and calendar of events. (1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co- operative Election Authority indicating therein the following particulars.-
(a) the name and address of the society;
(b) number of elected directors of the board;
(c) the date of expiry of the term of office of the board;
(d) the proposed places where the elections are to be held or other particulars as required by the Co- operative Election Authority.
(2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of co-operative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-operative societies indicating the name and address of each society.
(2-A) The Election Officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely
(i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum services or facilities in a co-operative year as specified in the bye laws for three consecutive cooperative years.
(ii) The chief executive of every cooperative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to date of election of the board by registered post and an opportunity shall given to such member to file their objections, if any within fifteen days
