Karnataka High Court
Kadalaiah S.M vs The State Of Karnataka on 15 January, 2025
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WP No. 32457 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 32457 OF 2024 (CS-EL/M)
BETWEEN:
1. KADALAIAH S.M
S/O MARIYAPPA
AGED ABOUT 65 YEARS,
MEMBERSHIP NO.1
2. S.C. CHANAPPA
S/O LATE CHANNAIAH
AGED ABOUT 55 YEARS,
MEMBERSHIP NO.22
Digitally signed by
MAHALAKSHMI B M 3. KAMALAMMA
Location: HIGH W/O S.T CHIKKA THIMMAIAH
COURT OF
KARNATAKA AGED ABOUT 55 YEARS,
MEMBERSHIP NO.34
4. DEEVARAMMA
W/O LATE THIMMAIAH
AGED ABOUT 70 YEARS,
MEMBERSHIP NO.72
5. RAVI S/O LATE THIMMAIAH
AGED ABOTU 38 YEARS,
MEMBERSHIP NO. 73
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WP No. 32457 of 2024
6. PUTTAMMA
W/O KUPPE NINGEDASAPPA
AGED ABOUT 70 YEARS,
MEMBERSHIP NO.94
7. CHIKKAMAYAMMA
W/O S.K. KADALE GOWDA
AGED ABOUT 70 YEARS,
MEMBERSHIP NO.99
8. S.C. SHIVA NANJAIAH
S/O LATE HOTTE CHANNAIAH
AGED ABOUT 55 YEARS,
MEMBERSHIP NO.108
9. S.P. NANJAPPA
S/O LATE BHADRAIAH
AGED ABOUT 70 YEARS,
MEMBERSHIP NO.115
10. KOMAL
W/O S.K. KRISHNA
AGED ABOUT 35 YEARS,
MEMBERSHIP NO.141
11. GIRISHA
S/O CHIKKANNA
AGED ABOUT 35 YEARS,
MEMBERSHIP NO.146
12. DASAPPA
S/O THIMMAIAH
AGED ABOUT 60 YEARS,
MEMBERSHIP NO.155
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WP No. 32457 of 2024
13. MANJULA
W/O LATE THIMMAIAH
AGED ABOUT 40 YEARS,
MEMBERSHIP NO.159
14. SAROJAMMA
W/O YALAKAIAH
AGED ABOUT 60 YEARS,
MEMBERSHIP NO.160
15. S.T. CHIKKA THIMMAIAH
S/O THIMMEGOWDA
AGED ABOUT 65 YEARS,
MEMBERSHIP NO.163
16. S.N. RAJESH
S/O MARI DIMMAIAH
AGED ABOUT 35 YEARS,
MEMBERSHIP NO.164
17. HEMA
W/O RAJESH
AGED ABOUT 28 YEARS,
MEMBERSHIP NO.165
18. SOMASHEKARA
S/O GANGA BAIRAPPA
AGED ABOUT 40 YEARS,
MEMBERSHIP NO.167
19. SHASHIKALA
W/O SOMASHEKARA
AGED ABOUT 30 YEARS,
MEMBERSHIP NO.168
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WP No. 32457 of 2024
20. NINGARAJU
S/O LATE NANJE GOWDA
AGED ABOUT 40 YEARS,
MEMBERSHIP NO.170
21. DHANALAKSHMI
W/O S.C. GIRISHA
AGED ABOUT 25 YEARS,
MEMBERSHIP NO.171
22. JAYASHEELA
S/O CHANDRASHEKARA
AGED ABOUT 30 YEARS,
MEMBERSHIP NO.196
23. LAKSHMANA
S/O GIRIYAPPA
AGED ABOUT 50 YEARS,
MEMBERSHIP NO.204
24. S.K. KEMPAIAH
S/O KOLI KEMPAIAH
AGED ABOUT 60 YEARS,
MEMBERSHIP NO. 188
PETITIONER NOS.1, 4, 6, 7, 9 AND 15 ARE NOT
CLAIMING BENEFIT OF SENIOR CITIZEN
ALL ARE MEMBERS OF
SANABA MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
SANABA AMRUTHUR HOBLI
KUNIGAL TALUK - 572 111
TUMAKURU DIST.
...PETITIONERS
(BY SRI. SOMASHEKHARAIAH R P., ADVOCATE)
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WP No. 32457 of 2024
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S BUILDING,
BENGALURU - 560 001
2. THE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, SHANTHINAGAR,
TTM 'A' BLOCK,
K H ROAD,
SHANTHINAGAR,
BENGALURU - 560 027
BY ITS AUTHORITY
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES,
TUMAKURU DISTRICT
TUMAKURU - 572101
4. SANABA MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
SANABA AMRUTHUR HOBLI,
KUNIGAL TLAUK - 572 111
TUMAKUR DISTRICT
BY ITS CHIEF EXECUTIVE OFFICER
REGISTERED UNDER KARNATAKA
CO-OPERATIVE SOCIETIES ACT
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WP No. 32457 of 2024
5. THE RETURNING OFFICER
SANABA MILK PRODUCERS
CO-OPERATIVE SOCIETY LIMITED
SANABA AMRUTHUR HOBLI,
KUNIGAL TALUK - 572 111
TUMAKURU DISTRICT
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5;
SRI. T.L.KIRAN KUMAR, ADV. FOR R2;
NOTICE TO R4 IS D/W V/O DATED 15.01.2025)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R5 TO ANNOUNCE THE ELECTION RESULS OF
SANABA MILK PRODUCERS CO-OPERATIVE SOCIETY
LIMITED, SANABA AMRUTHUR HOBLI, KUNIGAL TALUK-
572 111 TUMAKURU DIST., DISTRICT HELD ON
18/08/2024 INCLUDING THE NAMES OF THE PETITIONERS
PURSUANT TO THE ORDER DTD. 30/09/2024 MADE IN WP
NO.22046/2024 ON THE MEMO FILED BY THE
PETITIONERS NO. 1 TO 23 DTD. 30/09/2024 BY
CONSIDERING THE REPRESENTATION DTD. 21/10/2024
AT ANNEXURE-H, SUBMITTED BY PETITIONER NO.24
UNDER ANN-E, G AND H RESPECTIVELY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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WP No. 32457 of 2024
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioners are seeking for a direction to
respondent No.5 to announce the election results of
respondent No.4 - Society for the elections that were held
on 18.08.2024.
2. Heard the learned counsel
Sri.Somashekaraiah R.P., appearing for the petitioners and
the learned Additional Government Advocate Sri.Yogesh D.
Naik, appearing for respondent Nos.1, 3 and 5 and the
learned counsel Sri.T.L.Kiran Kumar, appearing for
respondent No.2.
3. The petitioners had approached this Court in
W.P.No.22046/2024 seeking to cast their votes in the
ensuing election that was scheduled to be held on
18.08.2024. This Court, by way of an interim
arrangement, permitted the petitioners to cast their votes
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in the ensuing elections scheduled to be held on
18.08.2024 which would be subject to the final outcome of
the said writ petition. Thereafter, the petition came to be
disposed of on the basis of the memo filed by the
petitioners to the effect that the respondent may be
directed to declare the results of the election and now the
present petition is filed seeking to announce the election
results which were scheduled on 18.08.2024. The claim
made by the petitioners is that respondent Nos.4 and 5
have deliberately not included the names of the petitioners
in the eligible list and the petitioners are declared as
ineligible voters without following the Rule 13B of the
Karnataka Co-operative Societies Rules, 1960 ('the KCS
Rules, 1960' for short).
4. The Co-Ordinate Bench of this Court in the case
of Sri. B Ganganna and others Vs. The State of
Karnataka, Department of Co Operation and others1
had given deliberate consideration to the provisions of
ILR 2024 KAR 1901
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Rule 13-D of the KCS Rules, 1960 and adjudication of
dispute under Section 70 of the Karnataka Co-Operative
Societies Act, 1959 ('KCS Act, 1959' for short). The Co-
Ordinate Bench of this Court framed the following points
for consideration at paragraph No.9, which reads as
under:
"9. In the light of the contentions raised,
the following questions arise for consideration;
(a) Whether a writ petition under Article 226
of the Constitution of India is maintainable (before
the publication of the calendar of events under Rule
14) to redo the voters' list for violation of Rule 13-
D(2-A) of the Rules, 1960, in preparing the eligible
and ineligible voters' list?
(b) Whether the authority acting under
Section 70(2)(c) of the Act, 1959 can decide the
validity of the electoral roll vis-à-vis Rule 13-D(2-A)
of Rules, 1960?
(c) Whether the judgments of co-ordinate
Bench of this Court in Mohammad Beary and H.S.
Raju supra are per incurium and contrary to the law
in Election Commission of India through
Secretary supra."
(Emphasis supplied)
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5. The Co-Ordinate Bench after giving deliberate
consideration to various judgments has held at paragraph
Nos.50 and 51 as under:
"50. For the reasons recorded, this Court
concludes as under:
(a) The preparation of electoral roll under Rule,
13-D(2-A) of the Karnataka Co-Operative
Rules 1960 is an integral part of the election
process in the context of a question whether
the writ petition is maintainable when the
challenge is laid to the procedure initiated for
preparing electoral roll.
(b) In a dispute under Section 70(2)(c) of the
Karnataka Co-operative Societies Act, 1959,
the Authority under Section 70 can decide the
question on the validity of electoral roll
prepared under the Rules, 1960 and its impact
on the election.
(c) The judgments in MOHAMMAD BEARY and
H.S. RAJU are not per incurium
(d) The writ petition under Article 226 of
Constitution of India to challenge the electoral
roll on the ground of non compliance of Rule
13-D(2-A) of Rules, may lie in exceptional
cases.
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51. Based on the conclusions arrived at in
the facts and circumstances of the case, this Court
is of the view that no exceptional case is made out
in this petition to exercise Article 226 jurisdiction.
This Court has not expressed any opinion on the
eligible and ineligible voters' list prepared during the
pendency of the petition. Hence, the following:
ORDER
Writ petition is disposed of on the following
terms:
(i) The returning officer shall count the votes cast
in the election held on 21.01.2024, to the
Board of the 6th respondent bank, and shall
announce the results.
(ii) The liberty is reserved to the petitioners or
any aggrieved person to raise objections to
the validity of the electoral roll in an election
petition under Section 70(2)(c) of the
Karnataka Co-operative Societies Act, 1959.
(iii) If such a dispute is raised, the Authority under
Section 70 of the Karnataka Co-operative
Societies Act, 1959, shall examine all
questions including the question relating to
validity of the eligible and ineligible voters' list
and impact on the election to the Board of the
6th respondent - Bank.
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(iv) Nothing is expressed on the merits of the
eligible and ineligible voters' list published
during the pendency of the petition and said
question kept open to be decided in the
dispute under Section 70 of the Karnataka Co-
operative Societies Act, 1959, if raised."
6. Section 70 of the KCS Act, 1959 reads as
under:
"70. Disputes which may be referred to
Registrar for decision.-(1) Notwithstanding
anything contained in any law for the time being in
force, if any dispute touching the constitution,
management, or the business of a co-operative
society arises.-
(a) among members, past members and persons
claiming through members, past members and
deceased members, or
(b) between a member, past member or person
claiming through a member, past member or
deceased member and the society, its board or any
officer, agent or employee of the society, or
(c) between the society or its board and any past
board, any officer, agent or employee, or any past
officer, past agent or past employee or the nominee,
heirs, or legal representatives of any deceased
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officer, deceased agent, or deceased employee of
the society, or
(d) between the society and any other co-
operative society, or a credit agency.
such dispute shall be referred to the Registrar for
decision and no civil or Labour or Revenue Court or
Industrial Tribunal shall have jurisdiction to
entertain any suit or other proceeding in respect of
such dispute.
(2) For the purposes of sub-section (1), the
following shall be deemed to be disputes touching
the constitution, management or the business of a
co-operative society, namely.-
(a) a claim by the society for any debt or demand
due to it from a member or the nominee, heirs or
legal representatives of a deceased member,
whether such debt or demand be admitted or not;
(b) a claim by a surety against the principal
debtor where the society has recovered from the
surety any amount in respect of any debt or
demand due to it from the principal debtor, as a
result of the default of the principal debtor whether
such debt or demand is admitted or not;
(c) any dispute arising in connection with the
election of a President, Vice-president or any office-
bearer or Member of board of the society.
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(d) any dispute between a co-operative society
and its employees or past employees or heirs or
legal representatives of a deceased employee,
including a dispute regarding the terms of
employment, working conditions and disciplinary
action taken by a co-operative society
notwithstanding anything contrary contained in the
Industrial Disputes Act, 1947 (Central Act 14 of
1947);
(e) a claim by a co-operative society for any
deficiency caused in the assets of the co-operative
society by a member, past member, deceased
member or deceased officer, past agent or deceased
agent or by any servant, past servant or deceased
servant or by its board, past or present whether
such loss be admitted or not.
(3) If any question arises whether a dispute
referred to the Registrar under this section is a
dispute touching the constitution, management or
the business of a co-operative society, the decision
thereon of the Registrar shall be final and shall not
be called in question in any court.
(4) xxxxx
(5) x x x x x"
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7. The plain reading of Section 70 makes it clear
that an extensive and exhaustive mechanism is provided
under the aforesaid Section and the authority under
Section 70 can decide the question on the validity of
electoral roll prepared under the Rules, 1960 and its
impact on the elections, whether the petitioners are the
eligible voters and have paid membership dues, or annual
general body meetings are attended or availed the
minimum services are all questions of fact, which have to
be decided under Section 70 of the KCS Act, 1959 and the
writ petition under Article 226 of the Constitution of India
to challenge the electoral roll, the petitioners have not
made out any exceptional case in this petition to be
entertained and the decision of the Co-Ordinate Bench of
this Court in the case of B. Ganganna as stated supra is
squarely applicable to the present facts and the present
petition needs to be disposed of in similar terms and
hence, the following:
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ORDER
(i) The Returning Officer shall count the votes cast in
the elections of the Sanaba Milk Producers Co-
operative Society Limited, Sanaba Amruthur Hobli,
Kunigal Taluk, Tumakuru District held on
18.08.2024, and shall announce the results,
forthwith;
(ii) The liberty is reserved to the petitioners or any
aggrieved person to raise objections to the validity
of the electoral by filing a Election Petition under
Section 70(2) of the KCS Act, 1959;
(iii) If any dispute is raised under the Provisions of
KCS Act, 1959, the Authority under Section 70 of
the KCS Act, 1959, shall examine all questions
including the question relating to validity of the
eligible and ineligible voters list and impact of the
election;
(iv) All contentions of the parties are kept open;
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(v) This Court has not expressed merits and demerits
on eligibility or ineligibility of the voters list;
(vi) The amount of votes cast by the petitioners to be
retained in a separate ballot box;
(vii) With the said observations, the writ petition
stands disposed of.
Sd/-
(JUSTICE K.S. HEMALEKHA)
KG
