Karnataka High Court
Primary Agriculture Credit ... 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. 226724 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. 226724 OF 2020 (CS-EL/M)
BETWEEN:
PRIMARY AGRICULTURE CREDIT
COOPERATIVE SOCIETY,
INOLI, TQ: CHINCHOLI,
DIST: KALABURAGI
REPRESENTED BY ITS DIRECTOR
CHANDRASHEKAR PATIL
S/O MANIKAPPA, AGE: 61 YEARS,
OCC: DIRECTOR, R/O DAGALMADI,
TQ: CHINCHOLI, DIST: KALABURAGI.
...PETITIONER
(BY SRI. A. M. NAGARAL, ADVOCATE)
AND:
Digitally signed 1. THE STATE OF KARNATAKA,
by SACHIN
Location: HIGH DEPARTMENT OF CO-OPERATIVE SOCIETIES,
COURT OF M.S.BUILDING,
KARNATAKA
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-01,
REPRESENTED BY ITS SECRETARY.
2. THE STATE CO-OPERATIVE
ELECTION AUTHORITY,
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. 'A' BLOCK, SHANTHI NAGAR,
BANGALORE-27,
REPRESENTED BY ITS SECRETARY.
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WP No. 226724 of 2020
3. THE JOINT REGISTRAR OF
COOPERATIVE SOCIETIES,
RAICHUR-585 112.
4. THE DEPUTY REGISTRAR OF
COOPERATIVE SOCIETIES,
KALABURAGI-585 101.
5. THE ELECTION OFFICER/
DEPUTY COMMISSIONER,
KALABURAGI-585 101.
6. THE RETURNING OFFICER/
ASSISTANT COMMISSIONER,
SUB-DIVISION, KALABURAGI-585 101.
7. KALABURAGI AND YADGIRI DISTRICT
COOPERATIVE CENTRAL BANK LTD.,
JAGAT CIRCLE, KALABURAGI,
REPRESENTED BY ITS
MANAGING DIRECTOR-585 101.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP FOR R1, R3 TO R6;
NOTICE TO R2 AND R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A) DECLARE
THAT SEC.20 (2)(a-iv), (a-v), Sec.27(A) OF THE KARNATAKA
COOPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRUS AND
LACKS LEGISLATIVE COMPETENCY; B) ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO
INCLUDE THE PETITIONERS NAMES IN THE ELIGIBLE FINAL
LIST WITHOUT INSISTING THE COMPLIANCE OF U/SEC.20 (2)
(a-iv) OF THE ACT 1959 BY RESPONDENT-7, IN SO FAR IT
PERTAINS TO PETITIONER 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. 226724 of 2020
ORDER
Heard learned counsel for the petitioner and learned
High Court Government Pleader appearing on behalf of
respondent Nos.1, 3 to 6/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'), to be
ultra vires and lacks legislative competence and also
sought for the relief of mandamus directing respondents to
prepare the voters list of respondent no.7- Central Bank in
accordance with the list of members of Bank without
insisting for compliance of Section 20(2) (a-iv) of the Act
of 1959.
3. The petitioner is the member/voter of the Credit
Co-operative Central Bank/respondent No.7, which is
registered under the Act of 1959. The elections to the
Board of seventh respondent-Bank is scheduled to be
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conducted from 14.11.2020 to 29.11.2020 to elect the
Board of Directors.
4. Respondent No.6 was appointed as the
Returning Officer to conduct election to thirteen posts of
Directors for Society/respondent No.7. Pursuant to which,
calendar of events was issued on 04.011.2020 fixing the
date of election to be conducted from 14.11.2020 to
29.11.2020. Respondent No.6 prepared a list of voters,
wherein members were ineligible for voting including the
petitioner. The petitioner intended to participate in the
said election and cast his vote as he is eligible voter and
members of the society.
5. 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
contemplated under the Act of 1959. It is further
contended that the petitioner has not received a single
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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 ZH to ZT 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.
6. The petitioner being aggrieved by non-inclusion
of its name in the eligible voters' list to cast its vote and so
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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.
7. Learned High Court Government Pleader
representing the respondent nos.1, 3 to 6/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-
113/2018 and other connected matters dated 13.03.2020
has already dealt with the matter and decided the same by
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upholding the validity of Section 20(2) (a-iv) of the Act of
1959.
8. 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.
9. 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
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
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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."
10. 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 24.11.2020, the
petitioner was permitted to contest and cast its vote in the
election conducted from 14.11.2020 to 29.11.2020 to the
election of respondent No.7. 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 no longer survive for consideration. Accordingly, I
pass the following :
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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 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
