Karnataka High Court
Sri Basaveshwar Pattin Sahakar Sangh ... vs The State Of Karnataka And Ors on 6 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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WP No. 226592 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 226592 OF 2020 (CS-EL/M)
BETWEEN:
SRI.BASAVESHWAR PATTIN SAHAKAR
SANGH NIYAMIT SURAPUR,
SURAPUR TALUK-852 131,
YADAGIRI DISTRICT
REPRESENTED BY ITS SECRETARY
ANNAPURNA,
MEMBERSHIP NUMBER-697100125422.
...PETITIONER
(BY SRI. PRUTHVI WODEYAR AND
SRI. AYYANNA SHARANAPPA, ADVOCATES)
AND:
Digitally signed
by SACHIN 1. THE STATE OF KARNATAKA,
Location: HIGH DEPARTMENT OF CO-OPERATION,
COURT OF M.S.BUILDING,
KARNATAKA DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-01,
REPRESENTED BY ITS SECRETARY.
2. THE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, T.T.M.C. 'A' BLOCK,
SHANTHI NAGAR,
BENGALURU-560 027,
REPRESENTED BY ITS SECRETARY.
3. KALABURGI AND YADAGIRI DISTRICT
CREDIT CO-OPERATIVE BANK LTD.,
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WP No. 226592 of 2020
KALABURGI TOWN,
KALABURGI TALUK AND DISTRICT-585 101,
BY ITS C.E.O.
4. THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETIES,
SUB-DIVISION-KALABURGI,
KALABURGI TALUK AND DISTRICT-585 101.
5. THE RETURNING OFFICER,
KALABURGI AND YADAGIRI DISTRICT
CREDIT CO-OPERATIVE BANK LTD.,
KALABURGI TOWN,
KALABURGI TALUK AND DISTRICT-585 101.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP FOR R1, R2, R4 AND R5;
NOTICE TO R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE I) A WRIT
OF APPROPRIATE NATURE OF DECLARE THAT SECTION
20(2)(A-IV) (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES
ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND
ARTICLES 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA
AND II) ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT OR DIRECTION, DIRECTING THE
RESPONDENT NO.5 TO PREPARE THE VOTERS LIST OF
RESPONDENT NO.3 SOCIETY FOR THE TERM 2020-25 IN
ACCORDANCE WITH THE LIST OF MEMBERS WITHOUT
INSISTING FOR COMPLIANCE OF SECTION 20(2) (A-IV)(A-V)
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY THE COURT MADE THE FOLLOWING:
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WP No. 226592 of 2020
ORDER
Heard learned counsel for the petitioner and learned
High Court Government Pleader appearing on behalf of
respondent Nos.1 to 3/State.
2. This petition is filed seeking to declare
Section 20(2) (a-iv) of the Karnataka Co-Operative
Societies Act, 1959 (for short, 'the Act of 1959'), as
inserted by Section 12 of the Karnataka Act of 3/2013
published in the Gazette on 11.01.2013 to be ultra vires
and lacks legislative competence in view of Articles 243-Z1
and 243-ZO of the Constitution of India and also sought
for the relief of mandamus directing respondent no.5 to
prepare the voters list of respondent no.3- Society for the
term 2020-2025 in accordance with the list of members of
societies without insisting for compliance of Section 20(2)
(a-iv) (a-v) of the Act of 1959.
3. The petitioner is the member/voter of the Credit
Co-operative Bank/respondent No.3, which is registered
under the Act of 1959. The elections to the Board of third
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respondent-Bank is scheduled to be conducted on
29.11.2020 to elect the Board of Directors for the terms
2020-2025. Respondent No.5 who is the voters' list
scrutiny officer prepared a draft list of societies which are
not eligible to cast their votes in the upcoming elections of
respondent no.3-Bank in respect of 'A', 'B' 'C', 'D' classes
and others which comes within the operational jurisdiction
of respondent no.3 - Bank. Respondent no.5 without
verifying the records has included the name of petitioner-
Sangh in the ineligible voter list as it failed to attend the
three general body meetings and has also failed to do
minimum transactions. The petitioner intended to
participate in the said election and cast its vote as Sangh
eligible voter and member of the Bank.
4. It is the contention of the petitioner that the
name of the petitioner was not found in the voters' list
instead the name of the petitioner was entered in the
ineligible voters' list and it was not permitted to cast vote
as it has not attended three general body meetings as
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contemplated under the Act of 1959. It is further
contended that the petitioner has not received a single
notice of the general body meetings in several years and
the petitioner cannot be expected to attend the general
body meetings without notice from the BAnk. According to
the petitioner, 97th amendment to the Constitution came
into force on 15.04.2012 inserting part IX-B. The
mandate under Article 243 ZI is framing State Legislature
to make law to regulate incorporation and regulations of
the Co-operative Society based on principles of voluntary
formation democratic member control and Article 243-ZO
provides that the legislature of the State may by law
provides access to every member of the Co-operative
Society kept in regular transaction of its business with
such members and the State may make provision to
ensure the participation of members in the management of
the Co-operative society providing minimum requirement
of attending meetings by members and utilizing minimum
level of services.
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5. The petitioner being aggrieved by non-inclusion
of its name in the eligible voters' list to cast its vote and so
also challenging the amended provision of
Section 20 (2) (a-iv) (a-v) of the Act of 1959 as
unconstitutional and arbitrary and violation of Article 14 of
the Constitution of India.
6. Learned High Court Government Pleader
representing the respondent nos.1, 2, 4 and 5/State
contends that in similar matter wherein the constitutional
validity of Section 20(2) (a-iv) of the Act of 1959 was
questioned before this Court in W.P.No.204109-113/2018
and other connected matters. The Co-ordinate Bench of
this Court while considering the constitutional validity of
the above provision negatived the challenge made to the
constitutional validity of Section 20(2) (a-iv) of the Act of
1959 and upheld the Section 20(2) (a-iv) of the Act 1959.
Therefore, the first prayer sought in this present petition
would not survive for consideration in view of the fact that
the co-ordinate Bench of this Court in W.P.No.204109-
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113/2018 and other connected matters dated 13.03.2020
has already dealt with the matter and decided the same by
upholding the validity of Section 20(2) (a-iv) of the Act of
1959.
7. The amended provisions of the Act of 1959
namely Section 20(2)(a-iv) and (a-v) shall be effective for
elections to be held post disposal of writ petitions and the
elections already conducted, the persons who are elected
and continuing in the post shall not be disturbed till next
further elections are conducted.
8. The Co-ordinate Bench of this Court in
W.P.No.48973/2019 dated 04.08.2021, it is held as under :-
"Admittedly, the Amendment Act has received
the assent of the Governor on 10.01.2013. Learned
Advocates for petitioners have submitted that though
the Act has come into force in 2013, the same has
not been enforced till 2018. Thereafter, several writ
petitions have been filed in this Court. This Court, by
interim orders has permitted the members to vote
and participate in the elections. In view of the fact
that the amendment not having been enforced for
five years and this Court having granted interim
protection, the prayer made by the learned
Advocates for petitioners merits consideration,
because, pursuant to the interim orders, Members of
the Societies have participated in the elections and
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many have won the elections. If the acts done by the
respective members of the Society as on date are
not saved, it will lead to a chaotic situation. In the
circumstances, it is just and appropriate to accept
the prayer made on behalf of the petitioners.
Accordingly, the amended provisions of the Act
namely, Section 20(2)(a-iv) and (a-v) shall be
effective for elections to be held post disposal of
these writ petitions."
9. The second aspect which is questioned by the
petitioner is with regard to the participation of the
petitioner to cast the vote as its name was included in the
ineligible list. However, in view of the fact that vide
interim prayer granted by this Court on 13.11.2020, the
petitioner was permitted to contest and cast its vote in the
election conducted on 29.01.2020 to the election of
respondent No.3. Pursuant to which, the election was
conducted and the petitioner participated and casted its
vote. Therefore, the second prayer also would not survive
for consideration. With regard to other prayers, the
petitioner has succeeded in casting the vote in the
election. In view of the judgment of the co-ordinate Bench
of this Court as stated supra, the present petition would
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no longer survive for consideration. Accordingly, I pass
the following :
ORDER
(i) The Writ Petition is disposed of in view of
the judgment of the Co-Ordinate Bench of
the this Court in W.P.No.204109-113/2018
and other connected matters dated
13.03.2020, wherein the constitutional
validity of Section 20 (2) (a-iv) of the
Karnataka Co-operative Societies Act,
1959, is upheld and the challenge made by
the petitioner therein was negatived would
hold good in the present case as well.
(ii) The second prayer is rendered infructuous
as elections are conducted and results are
declared.
Sd/-
JUDGE
SN
