Karnataka High Court
Taluka Vakkulutana Huttuvali And Anr 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. 226625 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. 226625 OF 2020 (CS-EL/M)
BETWEEN:
1. TALUKA VAKKULUTANA HUTTUVALI
MARATA SAHAKARA SANGH, AGZALPUR,
TQ: AFZALAPUR, DIST: KALABURAGI-585 301,
REPRESENTED BY ITS
SECRETARY/ MANAGER
SATISH S/O SANGANNA KALASHETTY,
MEMBERSHIP NUMBER-697100125987.
2. BASAVESHWARA SAHAKARA BANK NIYAMITA,
KALABURAGI,
TQ: AND DIST: KALABURAGI-585 101,
REPRESENTED BY ITS
SECRETARY/MANAGER
BASAVARAJ M. SHARE,
Digitally signed MEMBERSHIP NUMBER-697100122501.
by SACHIN
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-01.
REPRESENTED BY ITS SECRETARY.
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WP No. 226625 of 2020
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
CO-OPERATIVE CENTRAL BANK LTD.,
KALABURAGI TOWN,
KALABURAGI TALUK AND DISTRICT-585 101
BY ITS C.E.O.
4. THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETIES,
SUB-DIVISION, KALABURAGI,
KALABURAGI TALUK AND DISTRICT-585 101.
5. THE RETURNING OFFICER,
KALABURAGI AND YADAGIRI DISTRICT,
CO-OPERATIVE CENTRAL BANK LTD.,
KALABURAGI TOWN,
KALABURAGI TALUK AND DISTRICT-585 101.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP FOR R1 AND R4;
NOTICE TO R2, R3, R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT
OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(2)
(a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT
IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE
243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA; 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 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY THE COURT MADE THE FOLLOWING:
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WP No. 226625 of 2020
ORDER
Heard learned counsel for the petitioners and learned
High Court Government Pleader appearing on behalf of
respondent Nos.1 and 4/State.
2. This petition is filed seeking to declare
Section 20(2) (a-iv) (a-v) of the Karnataka Co-Operative
Societies Act, 1959 (for short, 'the Act of 1959'), is 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- Bank 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 petitioners are the members/voters of the
Co-operative Bank/respondent No.3, which is registered
under the Act of 1959. The elections to the Board of third
respondent-Bank is scheduled to be conducted on
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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 petitioners
in the ineligible voter list as they failed to attend the three
general body meetings and have also failed to do
minimum transactions. The petitioners intended to
participate in the said election and cast their votes as
Sanghs eligible voters and members of the Bank.
4. It is the contention of the petitioners that the
names of the petitioners were not found in the voters' list
instead the names of the petitioners were entered in the
ineligible voters' list and it was not permitted to cast their
votes as they have not attended three general body
meetings as contemplated under the Act of 1959. It is
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further contended that the petitioners have not received a
single notice of the general body meetings in several years
and the petitioners cannot be expected to attend the
general body meetings without notice from the Bank.
According to the petitioners, 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 petitioners being aggrieved by non-
inclusion of their names in the eligible voters' list to cast
their votes 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 and 4/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
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Advocates for petitioners merits consideration,
because, pursuant to the interim orders, Members of
the Societies have participated in the elections and
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
petitioners is with regard to the participation of the
petitioners to cast their vote as their names were included
in the ineligible list. However, in view of the fact that vide
interim prayer granted by this Court on 17.11.2020, the
petitioners were permitted to contest and cast its vote in
the election was conducted on 29.11.2020 to the election
of respondent No.3. Pursuant to which, the election
conducted and the petitioners participated and casted their
vote. Therefore, the second prayer also would not survive
for consideration. With regard to other prayers, the
petitioners have succeeded in casting their votes in the
election. In view of the judgment of the co-ordinate Bench
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of this Court as stated supra, the present petition would
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) (a-v) of the
Karnataka Co-operative Societies Act,
1959, is upheld and the challenge made by
the petitioners 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
