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2025 DAILYLAW 46141 (KAR)

SRI VIJAYAKUMAR v. THE STATE OF KARNATAKA

WP/1246/2025 · 2025-02-18

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:7432 WP No. 1246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1246 OF 2025 (CS-RES) BETWEEN: 1. SRI. VIJAYAKUMAR S/O. LATE GOPALAKRISHNA AGED ABOUT 63 YEARS, PRESIDENT REMCO (BHEL) HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED OFFICE AT NO.364, 5TH MAIN, RPC (REMCO LAYOUT), HAMPINAGAR BANGALORE 560 104 2. REMCO (BHEL) BUILDING CO-OPERATIVE SOCIETY LIMITED OFFICE AT NO.364, 5TH MAIN, RPC (REMCO LAYOUT), HAMPINAGAR BANGALORE 560 104 BY ITS SECRETARY BHARATH KUMAR SON OF KODANDARAMA AGED ABOUT 57 YEARS (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE ACT 1959) …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SRI. SARAVANA S., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7432 WP No. 1246 of 2025 AND: 1. THE STATE OF KARNATAKA BY THE DEPT. OF CO-OPERATON, M.S. BUILDING, BANGALORE 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, INDUSTRIES AND DIARY CUM ELECTION OFFICER, ALIASKAR ROAD, VASANTH NAGAR, BENGALURU -560 001 3. THE KARNATAKA STATE CO-OP ELECTION AUTHORITY, 3rd FLOOR, SHANTHINAGAR BUS STOP, BANGALORE-560 027. REP. BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R2; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R3; SRI. T. DADAKHALANDAR, FOR PROPOSED IMPLEADING APPLICANT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO CONDUCT AND COMPLETE THE ELECTIONS TO BOARD OF MANAGEMENT OF P-2 SOCIETY FOR TERM (2025-2030) AS EXPEDITIOUSLY AS POSSIBLE WITHIN 22.02.2025 BY COMPUTING FIVE YEARS FROM 23.02.2020 OR DATE OF ASSUMING CHARGE OF P-1 AS PRESIDENT TO THE P-2 SOCIETY FOR TERM 2020-2025 AS PER ANNEXURE-A BY APPOINTING RETURNING OFFICER AS PROVIDED UNDER RULE - 3 - NC: 2025:KHC:7432 WP No. 1246 of 2025 13-E AND TO HOLD ELECTION IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN RULE 14 OF THE KARNATAKA CO OPERATIVE SOCIETIES RULES 1960 AND ETC. THIS 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 a writ of mandamus directing the respondents to conduct and complete the election to the Board of Management of the 2nd petitioner/Society within 22.02.2025. 2. 2nd Petitioner is a house building co-operative Society registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act') and the 1st petitioner is the President of the 2nd petitioner/Society (hereinafter referred to as the 'President of the Society'). 3. The fifth annual general body meeting of the Society was conducted on 30.09.2024 to schedule the elections of the Society before the term expiration of the current board - 4 - NC: 2025:KHC:7432 WP No. 1246 of 2025 of management on 22.02.2025. The Society issued notice in compliance under Section 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (‘rules’ for Short) as on 18.12.2024 to the disqualified members under Section 20-(2)(a-iv) and 20-2(a-v). The petitioner also gave a representation on 20.12.2024 to the 2nd Respondent- Additional Registrar of Co-operative Societies to appoint the election officer and on 06.01.2025, to appoint a returning officer. The petitioner/Society received objections from the ineligible members under Rule 13D(2-A) and forwarded the objection to the 2nd respondent on 06.01.2025. The petitioners further gave a representation on 10.01.2025 to the 2nd respondent to conduct the elections of the Society before the term of the board of management comes to an end. 4. Learned senior counsel Sri.D.R.Ravishankar appearing for the petitioners contends that the respondent/authorities are not adhering to the mandate of Section 39-A of the Act which requires steps to be taken - 5 - NC: 2025:KHC:7432 WP No. 1246 of 2025 for conducting the election of the Society including issuance of calendar of events by appointing a returning officer. 5. Learned senior counsel submits that the co-operative election authority was required to publish the calendar of events for preparing the electoral roles and conducting the board of election under Rule 13-D(2) of the Rules before the term of the board of management expires. It is submitted that the petitioner/society having already forwarded the resolution to the 2nd respondent and according to Rule 13-D(1) of the Rules, the election officer ought to have informed the election authority about the board's term being expired and the elections of the Society ought to have been conducted. The lapses on part of the respondent to conduct elections after the Society have compiled the requisite rules leads to serious consequences. - 6 - NC: 2025:KHC:7432 WP No. 1246 of 2025 6. The affidavit of Sri.B.R.Lingaraju, Additional Registrar of Co-operative Societies and election officer/Respondent No.3 is filed indicating that the respondent/authority would conduct the election on or before 31.03.2025. 8. Learned Additional Advocate General Smt Prathima Honnapura submits that the annual general body meeting of the Society was held only in the month of September 2024 and thereafter, the steps were taken by the board of members to issue notice regarding the ineligibility of certain members on 18.12.2024 and the compliance as required under Rule 13-D(1) of the Rules was not complied by the petitioner/Society. It is also submitted that the petitioner/Society has not informed the election officer about any complaint/objections received to the ineligible voters' list and in that circumstances, it is submitted that the complaints of about 109 members of the Society was received which made the election authority to consider the complaints which was so received and the elections could not be conducted. - 7 - NC: 2025:KHC:7432 WP No. 1246 of 2025 9. Section 39-A of the Act out-lines the procedures and responsibility of conducting election to the management of the board of society. It mandates the issuance of a calendar of events and appointing the returning officer to oversee the election process. 10. It is the case of the petitioners that the last meeting of the society was held on 22.09.2024 and on 30.09.2024, a resolution was passed for holding election to the 2nd petitioner/Society and the same was forwarded to the 2nd respondent to schedule the election of the board of management of the Petitioner No.2/Society. As could be seen from the records, the petitioners had issued notices under Rule 13-D(2-A) to the ineligible voters on 18.12.2024 and the petitioners received objections from the ineligible members under Rule 13-D(2-A) which was forwarded to the 2nd respondent on 06.01.2025. It is the case of the State that the objections received from 109 members of the Society made the authority not to proceed - 8 - NC: 2025:KHC:7432 WP No. 1246 of 2025 with the election process. As stated supra, Section 39-A of the Act envisages the procedures and responsibilities to be followed by the State to conduct the elections of the board. The petitioners having informed the respondent about the expiry of the term, the steps ought to have been taken by the respondents/authorities to conduct the election of the petitioner/Society. 11. In light of the affidavit being filed by the Additional Registrar of Cooperative Societies and election officer, that the election of the petitioner/Society would be conducted on or before 31.03.2025 grievance of the petitioner is meted. 11. At this stage, learned senior counsel appearing for the petitioners places reliance upon the decision of the Division Bench of this Court in Mysore and Chamarajanagar District Co-operative Bank Limited and others vs. State of Karnataka and others in Writ Appeal No.1333/2023 and connected cases ('MCDC Bank' for short) disposed of on 2nd January 2024 and - 9 - NC: 2025:KHC:7432 WP No. 1246 of 2025 submits that the benefit that was given to the Directors and board of management in the case of MCDC Bank be given to the board of the petitioner/Society. 12. Learned Additional Advocate General Smt.Prathima Honnapur appearing for the State submits and points out that the fifth annual general body meeting was held only in the month of September 2024 and thereafter, steps have been taken by the board members to issue notice regarding the ineligibility of certain members and thereafter, the request has been sent to the District Election Officer to hold the election without there being compliance of Rule 13-D(2) of the rules. 13. Learned counsel submits that the benefit given by the Division Bench of this Court in MCDC Bank supra, would not be extended to the members of the present Society. - 10 - NC: 2025:KHC:7432 WP No. 1246 of 2025 14. Having considered the submissions made by the learned counsel on both sides, the present facts indicate that the meeting was held in the month on September 2025 and the notices were issued on 18.12.2024 to the ineligible voters and on receiving the objection, the same was forwarded to the election officer on 06.01.2025. The petitioner/Society have taken steps to conduct the elections of the board before the expiry of their term. The decision of the Division Bench in MCDC Bank as stated supra would apply to the present facts and this Court is of the considered opinion that similar benefit needs to be given to the board members of the Society as in the case of MCDC Bank, resultantly this court pass the following; ORDER i) The Writ Petition is disposed of. ii) Respondent Nos.2 and 3 to hold the election of the Petitioner No.2/Society from the stage/process where it was halted and conduct - 11 - NC: 2025:KHC:7432 WP No. 1246 of 2025 the election of Society on or before 31.03.2025. iii) The District Election Officer/ Respondent No.2 to conduct the election process in accordance with law. iv) The Board members of the Petitioner no 2 society would not incur any disqualification on non conducting of election to the Board of the Petitioner No 2 society within the time stipulated, this benefit given to the Board is in the peculiar facts and circumstances of the case and not being a precedent. Pending I.As if any stands disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA BNV List No.: 1 Sl No.: 24/CT:SNN