Karnataka High Court
Syed Zakir Hussain S/O Syed Amjad Miyan vs The State Of Karnataka And Ors on 7 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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WP No. 200689 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 200689 OF 2021 (CS-EL/M)
BETWEEN:
SYED ZAKIR HUSSAIN
S/O SYED AMJAD MIYAN,
AGE: 64 YEARS,
R/O VILLAGE RAJOL,
TQ: BASAVAKALYAN,
BIDAR-585 401. (RYAT NO.9185)
...PETITIONER
(BY SRI. A. M. NAGRAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed DEPARTMENT OF CO-OPERATION,
by SACHIN
M.S.BUILDING,
Location: HIGH
COURT OF DR. B.R.AMBEDKAR VEEDHI,
KARNATAKA 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.
3. THE DEPUTY COMMISSIONER/
ADMINISTRATOR,
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WP No. 200689 of 2021
BIDAR SAHAKARA SAKKARE KARKHANE
NIYAMITA, BIDAR-585 401.
4. THE JOINT REGISTRAR OF
COOPERATIVE SOCIETIES,
RAICHUR-584 101.
5. THE DEPUTY REGISTRAR OF
COOPERATIVE SOCIETIES,
BIDAR-585 401.
6. THE ELECTION OFFICER/
BIDAR SAHAKARA SAKKARE
KARKHANE NIYAMITA,
HALLIKHED, TQ: HUMANABAD,
DIST: BIDAR-585 401.
7. THE RETURNING OFFICER,
BIDAR SAHAKARA SAKKARE
KARKHANE NIYAMITA,
HALLIKHED, TQ: HUMANABAD,
DIST: BIDAR-585 401.
8. BIDAR SAHAKARA SAKKARE
KARKHANE NIYAMITA,
HALLIKHED, TQ: HUMANABAD,
DIST: BIDAR,
REPRESENTED BY ITS
MANAGING DIRECTOR-585 401.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP FOR R1 TO R5;
NOTICE TO R6 TO R8 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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, OR ORDER OR DIRECTION, DIRECTING
THE RESPONDENTS TO INCLUDE THE NAMES OF THE
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WP No. 200689 of 2021
PETITIONERS IN THE ELIGIBLE VOTERS LIST WITHOUT
INSISTING THE COMPLIANCE OF U/SEC. 20(2)(A-IV) OF THE
ACT 1959 BY RESPONDENT NO.8 INSOFAR IT PERTAINS TO
PETITIONERS, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner and learned
High Court Government Pleader appearing on behalf of
respondent Nos.1 to 5/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'), to be ultra vires
and lacks legislative competency and also sought for writ
of mandamus for a direction to respondents to include the
name of the petitioner in the eligible voters list without
insisting for compliance of Section 20(2) (a-iv) of the Act.
3. The petitioner is the member/voter of the Co-
operative Society/respondent No.8, which is registered
under the Act. Respondent No.7 was appointed as the
Returning Officer to conduct election to thirteen posts of
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Directors for Society/respondent No.8. Pursuant to which,
calendar of events was issued on 17.03.2021 fixing the
date of election to be conducted from 22.03.2021 to
06.04.2021. Respondents prepared a list of voters,
wherein petitioners were ineligible for voting. The
petitioners intended to participate in the said election and
cast their votes as they are eligible voters and members of
the society.
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 they are not permitted to cast
their votes as they have not attended three general body
meetings as contemplated under the Act. It is 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 society. According
to the petitioners, 97th amendment to the Constitution
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came into force on 15.04.2012 inserting Part IX-B. The
mandate under Article 243 ZH to Article 243 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.
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 as unconstitutional
and arbitrary and violation of Article 14 of the Constitution
of India.
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6. Learned High Court Government Pleader
representing the State contends that in similar matter
wherein the constitutional validity of Section 20(2) (a-iv)
(a-v) of the Act 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 and upheld the Section
20(2) (a-iv) of the Act. 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 upholding the validity of
Section 20(2) (a-iv) (a-v) of the Act.
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
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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
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."
9. The second aspect which is questioned by the
petitioner is with regard to the participation of the
petitioner to cast his vote as his name was included in the
ineligible list. However, in view of the fact that vide
interim prayer granted by this Court on 23.03.2021, the
petitioner was permitted to contest and cast his vote in
the election conducted from 22.03.2021 to 06.04.2021 to
the election of respondent No.8. Pursuant to which, the
election was conducted and the petitioner participated and
casted his vote. Therefore, the second prayer also would
not survive for consideration. With regard to other
prayers, the petitioners have succeeded in casting their
vote in the election. In view of the judgment of the
co-ordinate Bench of this Court as stated supra, the
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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 Cooperative 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
