- 1 - NC: 2025:KHC:16116 WP No. 15583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15583 OF 2024 (CS-EL/M) BETWEEN: SRI. B.T. JAVARE GOWDA, S/O. LATE THOPE GOWDA, AGED ABOUT 67 YEARS, R/AT. NO.25, 16TH MAIN ROAD, MUNESHWARA BLOCK, BENGALURU - 560 026. …PETITIONER (BY SRI. NAGENDRA KUMAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, 3RD FLOOR, M.S. BUILDING, BENGALURU - 560 001. 2. THE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, T.T.M.C. BUILDING, 3RD FLOOR, "A" BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES, R Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16116 WP No. 15583 of 2024 JANATHA BAZAR BUILDING, 1ST FLOOR, KUVEMPU NAGAR, HASSAN - 573 201, REPRESENTED BY ITS REGISTER. 4. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, HASSAN DISTRICT, HASSAN - 573 201, REPRESENTED BY REGISTER. 6. THE HASSAN CO-OPERATIVE MILK PRODUCER'S SOCIETIES UNION LIMITED REG NO.DAY/RCS/3657/1976-77, INDUSTRIAL ESTATE, B.M. ROAD, HASSAN, HASSAN DISTRICT - 573 201, REPRESENTED BY ITS PRESIDENT SRI. H.D. REVANNA, REGISTERED UNDER CO-OPERATIVE SOCIETY ACT. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. VARUN J. PATIL, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER BY DIRECTING TO RE-CONDUCT FAIR AND TRANSPARENT ELECTION OF THE R6 SOCIETY BY FOLLOWING RULES AND REGULATIONS OF THE SOCIETY AND ETC., - 3 - NC: 2025:KHC:16116 WP No. 15583 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs; "(i) Issue a Writ of Mandamus or any appropriate order by directing to re-conduct fair and transparent election of the 6th respondent Society by following rules and regulations of the Society, in the interest of justice and equity. (ii) Issue a Writ of Mandamus or any appropriate order by appointing the Administrator to the 6th respondent Society to conduct the day to day affairs of the 6th respondent, in the interest of justice and equity. (iii) Grant such any other and further reliefs as deemed fit, in the Interest of justice and equity." 2. The petitioner claims to be a member of the Hassan Co-operative Milk Producer's Societies Union Limited i.e., 6th respondent for last 20 years. The petitioner claims that he was interested in being a candidate for the election to be conducted for the period 2024 to - 4 - NC: 2025:KHC:16116 WP No. 15583 of 2024 2029. Hence, the petitioner had submitted RTI applications seeking for information as to the Societies who are eligible and who are not eligible for the said election to the Union. The petitioner had also thereafter filed various other RTI applications requesting for information from the Society. 3. Subsequently, a notification was issued by the State Government dated 13.03.2024, postponing the elections until the culmination of the Lok Sabha elections, which came to be withdrawn on 16.03.2024 and a new order came to be passed on 21.03.2024, postponing the elections till 6.06.2024. 4. The contention of the petitioner is that on the issuance of the first notification dated 13.03.2024, the elections were postponed. The election to the Board of the Soceity could not have been held. So also the election to the post of the President of respondent No.6-Society could not have been held on 19.03.2024, it is on that basis the petitioner is before this court. - 5 - NC: 2025:KHC:16116 WP No. 15583 of 2024 5. The submission of Sri.Nagendra Kumar K., learned counsel for the petitioner is that once the elections were directed to be postponed by notification dated 13.03.2024, though the same was withdrawn on 16.03.2024 by way of the further notification dated 21.03.2024, once again the elections had been postponed. Therefore, elections could not have been held on 19.03.2024. 6. The submission of Sri. Yogesh D Naik, learned AGA appearing for the State is that no elections have been held to the Board of Directors. What was postponed by way of the notification dated 13.03.2024 and subsequently, on 21.03.2024 is the election to the post of Directors of a Society or a Union, on account of men and material not being available for conduct of the elections due to the Lok Sabha elections. 7. In the present case, he submits that the last date for submission of nominations being completed and on scrutiny, it was found that the number of - 6 - NC: 2025:KHC:16116 WP No. 15583 of 2024 nominations were equivalent to the number of posts of the Union and as such, in terms of Rule 14-G(2) of the Karnataka Co-operative Societies Rules, 1960, it was the bounden duty on the part of Returning Officer to forthwith declare all such candidates to be duly elected to fill those seats in terms of Form XIX as may be appropriate and as such, the persons who had filed nominations were declared automatically by default elected on the expiry of the last day of scrutiny i.e., 08.03.2024 and in furtherance thereof, the Board of Directors of respondent No.6-Society came to be constituted on 08.03.2024. This was done prior to the notification issued on 13.03.2024. Hence, the embargo for postponement was not applicable to the petitioner society. 8. The elections, which were held on 19.03.2024 was to the post of the President of respondent No.6-Union that has nothing to do with the notification dated 13.03.2024 or 21.03.2024. - 7 - NC: 2025:KHC:16116 WP No. 15583 of 2024 9. Sri. T. L. Kiran Kumar, learned counsel for the Election Authority adopts the arguments of Sri. Yogesh D Naik, learned AGA. 10. Heard Sri. Nagendra Kumar K., learned counsel for the petitioner and Sri. Yogesh D Naik, learned AGA for respondent Nos.1, 3 to 5, Sri.T. L. Kiran Kumar, learned counsel for respondent No.2, and Sri. Varun J Patil, learned counsel for respondent No.6. Perused the records. 11. The points that would arise for consideration in present matter are; i. Whether the Government Orders dated 13.03.2024 and 21.03.2024 could be applicable to the declaration of results under Rule 14-G(2) of the Karnataka Co-operative Societies Rules, 1960, even though the elections to the Board had been notified to be held post the above government orders? ii. Could the Government Orders dated 13.03.2024 and 21.03.2024 be said to have interdicted elections to the post of President of the Soceity, even if the Board had already been constituted prior to the issuance of the Government Orders? iii. What Order? 12. I answer the above points as under: - 8 - NC: 2025:KHC:16116 WP No. 15583 of 2024 13. Answer to Point No.1: Whether the Government Orders dated 13.03.2024 and 21.03.2024 could be applicable to the declaration of results under Rule 14-G(2) of the Karnataka Co-operative Societies Rules, 1960, even though the elections to the Board had been notified to be held post the above government orders? 13.1. The facts are not in dispute, the only contention of Sri. Nagendra Kumar K., learned counsel for the petitioner is that in view of the aforesaid Government Orders, elections could not have been held. However, as can be seen, the First Government Order came to be issued on 13.03.2024. The scrutiny having completed in respect of nomination, declaration of results in terms of Rule 14-G(2) of the KCS Rules was made on 08.03.2024 itself i.e., prior to the First Government Order dated 13.03.2024. 13.2. Rule 14-G(2) of the KCS Rules is reproduced hereunder for easy reference: "(2) If the number of such candidates in any constituency is equal to the number of seats to be filled from that area or constituency, the returning officer shall forthwith declare all such candidates to be duly elected to fill these seats in Form XIX as may be appropriate." - 9 - NC: 2025:KHC:16116 WP No. 15583 of 2024 13.3. A perusal of Rule 14-G(2) of the KCS Rules indicates that there is a mandate on the Returning Officer to forthwith announce the results if the number of candidates and the number of posts are the same. This being so, since there is no purpose served by holding any election nor is there a need to hold any election. 13.4. Hence, the declaration of results having occurred on 08.03.2024 in terms of Rule 14- G(2) of the KCS Rules, the question of holding any elections would not arise. The persons who had filed nominations have therefore been declared elected unopposed. 13.5. Since the declaration of results had occurred on 08.03.2024, and the Board constituted the Government Order dated 13.03.2024, which came about, subsequently cannot be said to operate as regards a declaration of results - 10 - NC: 2025:KHC:16116 WP No. 15583 of 2024 made prior to the said Government Order being issued. Needless to say, the same would be the case in respect of the subsequent Government Order dated 21.03.2024. 13.6. Hence, I answer point no.1 by holding that the Government Orders dated 13.03.2024 and 21.03.2024 would not be applicable to the declaration of results under Rule 14- G(2) of the Karnataka Co-operative Societies Rules, 1960, made prior to the issuance of the Government Orders dated 13.03.2024 and 21.03.2024. 14. Answer to Point No.2: Could the Government Orders dated 13.03.2024 and 21.03.2024 be said to have interdicted elections to the post of President of the Soceity, even if the Board had already been constituted prior to the issuance of the Government Orders? 14.1. The election that was held on 19.03.2024 after the Government Order dated 13.03.2024 is the election to the post of the President, which is not an election to the Board of the Society. The - 11 - NC: 2025:KHC:16116 WP No. 15583 of 2024 election to the post of the President is among the Directors who have already been elected, who were so elected on 08.03.2024 and it is only those 14 Directors who had to elect the President among themselves. 14.2. Thus, there is no election as such, which can be said to have been held contrary to the Government Order dated 13.03.2024. The said Government Order is only applicable to the election to the Board of Directors and not to the post of the President or Vice President as the case may be. 14.3. In that view of the matter, I answer point No.2 by holding that Government Orders dated 13.03.2024 and 21.03.2024 would not come in the way of or interdict the election to the post of the President or Vice President by a Board already constituted of either a Society or a Union - 12 - NC: 2025:KHC:16116 WP No. 15583 of 2024 prior to the date of issuance of the Government orders. 15. Answer to Point No.3: What Order? In view of my answer to point No.1 and 2, no grounds being made out. The petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 4 CT: BHK