- 1 - NC: 2025:KHC:8015 WP No. 5321 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.5321 OF 2025 (CS-RES) BETWEEN: 1. SMT. SENDHAMARAI SELVI K W/O ARUNA PRASAD K AGED ABOUT 60 YEARS R/AT #487, 15TH CROSS, SECOND STAGE BEHIND RTO, INDIRANA NAGARA, BANGALORE-560038. 2. SRI. KUMAR PAL KANTI LAL VORA S/O KANTI LAL AGED ABOUT 57 YEARS R/AT NO.2406, ST-1 FLAT ANJANADRI APARTMENT, 10TH E MAIN ROAD, SUBRAMANYA NAGARA, BANGALORE-560-010. 3. R.C. ASHOK KUMAR S/O RAGHURAM RAO, AGED ABOUT 54 YEARS, R/AT NO.231, EMBASSY, NEAR MYSORE LAMPS, MALESWARAM, BANGALORE-560055. … PETITIONERS (BY SRI NATARAJ BABA K., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF LAW AND JUSTICE 4TH FLOOR, A-WING, SASTRY BHAVAN, NEW DELHI-11001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8015 WP No. 5321 of 2025 2. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING NORTH BLOCK, NEW DELHI-110001 REPRESENTED BY ITS SECRETARY. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, CO-OPERATION DEPARTMENT, M.S. BUILDINGS, BANGALORE-1. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560002. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, IN KARNATAKA NO.1, ALI ASKAR ROAD, BENGALURU-560002. 6. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BANGALORE-27 REPRESENTED BY ITS SECRETARY. 7. THE RETURNING OFFICER AND ELECTION OFFICER, THE CUSTOMS CENTRAL EXCISE AND SERVICE TAX HOUSING CO-OPERATIVE SOCIETY LTD., C.R. BUILDING, QUEENS ROAD, BANGALORE-560001. 8. THE CUSTOMS CENTRAL EXCISE AND SERVICE TAX HOUSING CO-OPERATIVE SOCIETY LTD., C.R. BUILDING QUEENS ROAD BANGALOE-560001. REPRESENTED BY ITS CEO. … RESPONDENTS (BY SRI B. PRAMOD, CGC FOR R-1 & R-2; SRI YOGESH D. NAK, AGA FOR R-3 TO R-5 & R-7; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-6) - 3 - NC: 2025:KHC:8015 WP No. 5321 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT RULE 15(1)(c) OF THE CCS (CONDUCT) RULES, 1964 IS ULTRA VIRES OF ARTICLE 19 AND ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA; DIRECT THE RESPONDENTS HEREIN TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE 8TH RESPONDENT SOCIETY FOR THE YEAR 2025-2030 BY PERMITTING THE PETITIONERS HEREIN TO CONTEST WITHOUT REFERENCE TO SECTION RULE 15(1)(C) OF THE CCS (CONDUCT) RULES, 1964 AND ANY OF THE DISQUALIFICATION CLAUSE IN THE BY-LAWS LAWS OF THE SOCIETY. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners are seeking for the following reliefs; “(a) Issue appropriate writ, order or directions declaring that Rule 15(1)(c) of the CCS (Conduct) Rules, 1964 is ultra vires of Article 19 and Article 243-ZI and 243-ZO of the Constitution of India. (b) Issue an appropriate writ of mandamus or any other writ or order directing the Respondents herein to conduct the ensuing election to the Board of the 8th Respondent Society for the year 2025-2030 by permitting the Petitioners herein to contest without reference to Section Rule 15(1)(c) of the CCS (Conduct) Rules, 1964; and any of the disqualification clause in the By-laws laws of the society. - 4 - NC: 2025:KHC:8015 WP No. 5321 of 2025 (c) Issue any other appropriate writ, order or directions as deemed ft by this Hon’ble Court in the facts and circumstances of the case; including awarding of the cost, in the interest of justice and equity.” 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents and perused the material on record. 3. The petitioners are elected directors of respondent No.8-Society having contested in the last elections for the period from 2020 to 2025. 4. After completion of the term of last committee of management, respondent No.8-society published eligible and ineligible candidate lists and calendar of events. The petitioners were intimated that as per Rule 15(1)(c) Conduct Civil Services (Conduct) Rules, 1964 (“CCS Rules” For short) and Official Memorandum dated 27.02.2020 and 05.08.2019, the petitioners are ineligible to contest the elections of respondent No.8-Society. - 5 - NC: 2025:KHC:8015 WP No. 5321 of 2025 5. It is the contention of the petitioners that the petitioners have satisfied the eligibility criteria fixed under the Act, Rules and Bylaws of respondent No.8-Society, except that they have to obtain prior sanction for holding an elective office under Rule 15(1)(c) of the CCS Rules for denying the right to contest in the election to the Board of the Co-operative Society. It is submitted that when the constitution itself does not provide for such ineligibility to contest in the election to the Board of the Co-operative Society, Rule 15(1)(C) of the CCS Rules is prima facie in violation of the constitution. 6. Per contra, learned CGC submits the petitioners contested the election for the term 2020-2025, following the Rule 15(1)(c)of CCS Rules and the Official Memorandum dated 27.02.20220 and 05.08.2019 and now cannot approbate and reprobate. 7. Rule 15(1)(c) of CCS Rules reads as under; “15. Private trade or employment - 6 - NC: 2025:KHC:8015 WP No. 5321 of 2025 [1] Subject to the provisions of sub-rule(2), no Government servant shall, except with the previous sanction of the Government- (a)xxx (b)xxx (c)hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or” 8. The Office Memorandum dated 27.02.2020 as per Annexure ‘C’, indicates at clause No.(3) and (4) as under: “3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 5 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.” 4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant - 7 - NC: 2025:KHC:8015 WP No. 5321 of 2025 factors while granting permission under Rule 15(1)(c) of CCS (Conduct) Rules,1964. In cases where the government servants have assumed charge of elected posts prior to the issuing of O.M dated 5.08.2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras etc.” 9. Plain reading of Rule 15(1)(c) of Rules and Office Memorandum indicates Government servant may be allowed to hold effective office in any body, whether incorporated or not for a period of two terms or for a period of five years, whichever is earlier for which prior sanction would be required, when a Government servant contests an election in such body as per the existing Rules. 10. The Office Memorandum clearly states that Government servant, the term is for the period of two terms or for a period of five years, whichever is earlier. The petitioners are Government servants having contested the election of respondent No.8-Society held for the term - 8 - NC: 2025:KHC:8015 WP No. 5321 of 2025 of five years from 2020 to 2025, by obtaining prior sanction as required under Rule 15(1)(c) of the CCS Rules. The clause No.3 of the Office Memorandum dated 27.02.2020 clearly embarks upon the petitioners from contesting an election in any body, as they have already completed the period of five years term, which is not in dispute. The petitioners have not made out any grounds for interference and the petition is dismissed as devoid of merits. Sd/- _____________________ JUSTICE K.S. HEMALEKHA ykl List No.: 3 Sl No.: 13