This writ petition challenged the denial of voting franchise due to membership eligibility under the Karnataka Co-operative Societies Act. The Court held that the relevant date is the date of membership approval, not the application date, and dismissed the petition as devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:12840 WP No. 106190 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 106190 OF 2023 (CS-EL/M)
BETWEEN:
ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T
(BY SRI G.R. GURUMATH, SENIOR COUNSEL FOR
SRI SUNIL S. DESAI, ADVOCATE)
…PETITIONERS
AND:
…RESPONDENTS
(BY SRI PRAVEEN K. UPPAR, AGA FOR R1 TO R3; SRI VISHWANATH HEGDE AND SMT. TANUJA HEGDE, ADVOCATES FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED VOTER LIST TO THE EXTENT OF NONINCLUSION OF THE NAME OF THE 1ST AND 2ND PETITIONERS’ SOCIETY VIDE ANNEXURE-A, DATED 25/9/2023 PASSED BY RESPONDENT NO.2; DECLARE THE PROVISIONS OF SECTION 20(2) (a-iii) SHOULD BE READ DOWN AS, ELIGIBILITY IS FROM DATE OF APPLICATION BY THE SOCIETY INSTEAD OF DATE OF APPROVAL OF THE MEMBERSHIP.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner No.1 is a primary society which is a member of fourth respondent-federal society and petitioner No.2 is the delegate of first petitioner-Society to the fourth respondent-federal society. Elections to the Board of Directors of forth respondent-federal society was held on 15.10.2023. However, the right of franchise to second respondent was denied on the ground that one year had not yet expired since the first petitioner-Society had become a member of the fourth respondent-federal society. Aggrieved by the same, the present writ petition is filed.
operative Societies Act, 1959 reads as under:
“20. Votes of members.-(1) xxxxxxxxxxxx
(2) The following shall not have the right to vote at a general meeting or an election of the members of the board of the co-operative society in which they are members, namely.-
(a) xxxxxxxxxx
(a-i) xxxxxxxxx
(a-ii) xxxxxxxxx
(a-iii) a person who has become member of a society not later than twelve months prior to the date of such meeting or election.”
application for membership to the fourth respondent on 18.09.2022 and was granted membership on 31.10.2022. Elections to the Board of fourth respondent was held on 15.10.2023.
person to vote is the date on which he was granted membership and in the instant case, the first petitioner
was granted membership of the fourth respondent on
31.10.2022 and one year had not elapsed when election
took place to the fourth respondent.
consideration.
Sd/JUDGE
RH List No.: 2 Sl No.: 1
3 issues framed by the court
Whether eligibility to vote in a co-operative society election depends on the date of application for membership or the date of approval of membership.
Whether the provisions of Section 20(2)(a-iii) of the Karnataka Co-operative Societies Act require a read down to consider the date of application.
Whether a writ petition is maintainable when the petitioner was granted membership less than twelve months prior to the election date.
3 provisions across 2 enactments
The Primary Agriculture Credit Co-operative Society, Tekkalakote-2
Sri M.S. Somalingappa
The State of Karnataka
The Deputy Commissioner and District Election Officer to the Co-operative Societies
The Tahasildar and Returning Officer
The Ballari District Credit Co-operative Bank
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
