Karnataka High Court
Sri. N. Balakrishna vs The State Of Karnataka on 11 January, 2024
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WP No. 25921 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 25921 OF 2023 (CS-EL/M)
BETWEEN:
SRI. N. BALAKRISHNA
S/O. NINGEGOWDA,
AGED ABOUT 53 YEARS,
NELLIGERE VILLAGE AND POST,
BELLUR HOBLI,
NAGAMANGALA TALUK,
MANDYA-571 401.
...PETITIONER
(BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE A/W
SRI. SARAVANA S., ADVOCATE)
AND:
Digitally
signed by
ANAND N
Location: 1. THE STATE OF KARNATAKA
HIGH
COURT OF BY THE DEPARTMENT OF CO-OPERATION,
KARNATAKA
M.S. BUILDING,
BANGALORE-560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. CO-OPERATIVE ELECTION COMMISSIONER
CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTHINAGAR BUS STOP,
BANGALORE-560027.
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WP No. 25921 of 2023
3. ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES
PANDAVAPURA SUB DIVISION,
PANDAVAPURA.
4. NELLIGERE CO-OPERATIVE MILK PRODUCERS
SOCIETIES UNION LTD.,
NELLIGERE, BELUR HOBLI,
NAGAMANGALA TALUK,
MANDYA-571 401,
BY ITS CHIEF EXECUTIVE OFFICER.
5. MANDYA DISTRICT CO-OPERATIVE
MILK PRODUCER SOCIETIES UNION LIMITED
MILK PRODUCTION STAGE,
GEJALGERE-MADUR TALUK,
MANDYA DISTRICT-571 428.
REPRESENTED BY ITS SECRETARY.
6. CO-OPERATIVE DEVELOMENT OFFICER
NAGAMANGALA,
MANDYA-571 401.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG A/W
SRI. M. SRINIVAS KUMAR, HCGP FOR R1, R3 & R6;
SRI.T.L. KIRAN KUMAR, ADVOCATE FOR R2
SRI. SUSHAL TIWARI, ADVOCATE FOR R4;
SRI. B.L. SANJEEV, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING TO
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WP No. 25921 of 2023
CONDUCT AND COMPLETE THE ELECTIONS TO BOARD OF
MANAGEMENT OF R4 SOCIETY FOR TERM 2023-2028 AS
EXPEDITIOUSLY AS POSSIBLE; QUASH THE ORDER OF THE R3
DATED 30/10/2023 IN NO. AR40/PRAKARNA28(A)(5)/CR-
31/2023-24 AS PER ANNEXURE-G, APPOINTING R6 AS
ADMINISTRATOR TO R4 SOCIETY HOLDING SAME AS ILLEGAL
AND MALAFIDE EXCISE OF POWER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri D.R.Ravishankar, the learned Senior
Counsel for the petitioner, Smt. Prathima Honnapur, the
learned Government Advocate for respondent/State and also
Sri T.L.Kiran Kumar, the learned Advocate for the
Cooperative Election Commission.
2. This writ petition is filed with a prayer to issue a
writ of mandamus to the respondents No.2 to 4 directing
them to conduct and complete the elections to the Board of
the management of the fourth respondent Society for the
term 2023 to 2028. The second prayer for writ of certiorari
is not pressed. Under these circumstances, this Court has
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to consider whether the writ of mandamus can be issued to
the respondents to complete election process as
expeditiously as possible as prayed in the petition.
3. Certain facts are admitted. The petitioner was a
Director of the Board of the fourth respondent Society. The
term of the Board has come to an end. The election is not
held within the time prescribed under the Karnataka
Cooperative Societies Act, 1959 (for short, 'the Act'), as such,
the Administrator was appointed to take over the
management of the Society. The petitioner is before this
Court on the premise that the election is to be held as early
as possible. As such, the writ of mandamus is sought
against the respondents.
4. The learned Additional Advocate General
appearing for the respondent/State would contend that the
procedure is to be followed as contemplated under the
Karnataka Cooperative Societies Rules, 1960 (for short, the
Rules') particularly Rule 13-D thereof. It is also contended
that the process has already commenced to comply with the
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requirements of Rule 13-D of the Rules and the notices are
issued to the ineligible members and it is further stated that
there are 22 ineligible members.
5. The Division Bench of this Court in the case of
Mysore and Chamarajanagar District Cooperative Bank
Limited and others v. The State of Karnataka and
others in W.A.No.1333/2023 and connected cases, disposed
of on 02.01.2024, has held that the Rules, 1960 are
mandatory and the requirements of Rules have to be
complied with for conducting smooth and fair election to the
Board of a Co-operative Society.
6. The learned Senior Counsel for the petitioner
would contend that in the aforementioned judgment, the
Division Bench has given a time frame of eight weeks to
conclude the process of election and it is further stated that
in case the time is required to be extended, the same has to
be extended by the Court, on an application made to it.
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7. The learned counsel appearing for the respondent
would contend that in the aforementioned case, there was a
considerable progress in complying requirements of Rule 13-
D (2-A) of the Rules, as such, the Court has granted eight
weeks time and the said judgment cannot be construed as a
precedent to complete the election process within eight
weeks.
8. This Court has considered the contentions raised
at the Bar.
9. It can be seen from Rule 13-D(2-A)(iv) of the
Rules that notice has to be issued to the ineligible voters to
appear before the Election Officer between 30 days to 60
days from the date of such notice and it is further provided
in sub-clause (v) that the Election Officer has to dispose of
the objections of the ineligible voters within 60 days from the
date of the submission of the objections of such voters.
Since the submission is made that there are only 21
ineligible voters, it is feasible to direct the Election Officer to
decide the objections if any, filed, as early as possible by
providing an opportunity of hearing to the objectors, if any.
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Under these circumstances, this Court is of the view that in
case, all 21 members have already filed objections to the
ineligible voter's list then same shall be disposed of as
expeditiously as possible without waiting for outer time limit
of 60 days to dispose of the said objections.
10. Once objections are disposed of, the further
procedures contemplated under the Rules be concluded as
expeditiously as possible. If all the ineligible voters take
steps to repay the amount due to the Society, then again
without waiting for statutory period of 30 days
contemplated under the Rules for payment of such due, the
further procedures contemplated under the Rules be
undertaken. With these observations, the writ petition is
disposed of.
Sd/-
JUDGE
SA
