A writ petition sought eligibility to vote and contest in a co-operative society election despite admission as legal-representative member less than a year earlier. The court ruled that membership and voting rights are not automatically transmitted on death; dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU R
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 1805 OF 2024 (CS-EL/M)
BETWEEN:
SMT CHINNAMMAYYA, W/O RAMAIAH, AGED ABOUT 51 YEARS, R/AT BEGIHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-560105, SHARE NO. 65.
…PETITIONER
(BY SRI SEENAPPA K. ADVOCATE)
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
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…RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3-R5, SRI T L KIRAN KUMAR, ADVOCATE FOR R2, STI N RAMACHANDRA, ADV. FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE DISQUALIFIED/ IN-ELIGIBLE VOTERS LIST, VIDE ANNEXURE-A DATED NIL, PUBLISHED BY THE SECRETARY, BEGIHALLI MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., BEGIHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK/R6, IN SO FAR AS THE PETITIONER IS CONCERNED AND PERMIT THE PETITIONER TO CONTEST, IN THE ELECTIONS TO BE CONDUCTED TO THE R6 / SOCIETY, ON 28/01/2024, VIDE ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
complete one year as a member after being admitted as a member. Thus, she is ineligible to vote and contest in the election.
the petitioner is the wife of late Ramaiah, the past member of the Society. The petitioner inherited the membership of the Society upon the death of her husband, under Section 24 of the Karnataka Co-Operative Societies Act, 1959 (for short 'the Act of 1959'). Thus, the petitioner inherits all the rights of the deceased member. By the time Ramaiah died, he had completed a year as a member of the Society, and had acquired the right to vote and contest in the election. Thus, the wife who inherited shares held by late Ramaiah, under Section 24 of the Act of 1959, is also entitled to vote and contest in the election is the contention.
recently requested to transfer the shares in her name and the Society on 25.02.2023, ‘ admitted’ the petitioner as a member. Since the petitioner has not completed 12 months after being ‘admitted’ as a member, there is disqualification under Section 20(2)(a-iii) of the Act, 1959 to vote and contest in the election as the member must have completed 12 months as a member to be eligible to vote after being admitted as a member.
6. The question before this Court is,
Whether a nominee or a legal representative of a member of a Co–operative Society, who is admitted as a member under Section 24 of the Act of 1959, after the death of a member, can vote and contest in the election to the Board of a Co-operative Society or a general meeting, if he has not completed one year after being admitted as a member.
To put it differently, whether the eligibility acquired by the deceased member to vote in the general meeting or the election to the Board of the Society would accrue to the legal
representative even if the legal representative has not completed one year after being admitted as a member under Section 24 of Act of 1959.
24 . Transfer of interest on death of member - (1) On the death of a member of a co-operative society, the society shall transfer the share or interest of the deceased member-
legal authority granted by a Competent Court of law:
Provided that such nominee, heir, or legal representative as the case may be, is admitted as a member of the society.
(Emphasis supplied)
a co-operative society is governed by the provisions of Act of 1959 which prescribe certain qualifications. To be a member upon the death of a member either as his nominee or legal representative, the nominee or legal representative should fulfill the eligibility criteria prescribed to be a member and
more importantly should not have any disqualification prescribed under the Act. Thus, the Co-operative Society will have a say in the matter as to whether the nominee or the legal representative fulfils the eligibility criteria or has any disqualification.
Appointment of nominees.-
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the capital of the Society shall be transferred or the value thereof or any other moneys due to him from the Society shall be paid”, it is apparent that the nomination provides for the transfer of share or interest in the capital of the Society. Rule 11 of Rules, 1960 does not speak about transmission of membership. As already noticed, proviso to Section 24 of the Act, 1959 mandates transmission of share and interest ‘ provided’ the nominee or the legal representative is admitted as a member of the Society. Thus, the transmission of membership is not automatic.
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under Section 20 of the Act, 1959. Section 20(2)(a-iii) of the Act, 1959 prescribes a minimum period of one year as a member of the Society to be eligible to vote and contest in the election. The document reveals that the petitioner is admitted as a member on 25.02.2023. If the contention of the petitioner is accepted that a legal representative of a deceased member automatically acquires all the rights of a deceased member, then Section 20(2)(a-iii) of the Act, 1959 referred to above becomes inapplicable in a claim for membership under Section 24 of the Act, 1959. The language employed in Sections 20, 24 of the Act, 1959, and Rule 11 of Rules, 1960 do not support such contention.
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to vote and contest in the election is familiar with the affairs of the society. That seems to be the object behind Section 20(2)(a-iii). This being the position, this Court is of the view that Section 24 has to be read along with Section 20(2)(a-iii) and it cannot be read in isolation. If Section 24 read along with Section 20(2)(a-iii), the inevitable conclusion is right to vote and contest available to a member does not pass on to the legal representative under Section 24 of Act of 1959. It has to be earned by the legal representative by completing 12 months as a member after being admitted as a member.
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ORDER
Sd/JUDGE
BRN
List No.: 1 Sl No.: 38
1 issue framed by the court
Whether a legal representative admitted as a member under Section 24 inherits voting rights without completing one year as member.
4 provisions across 3 enactments
Smt Chinnammayya
The State of Karnataka
The State Co-operative Election Authority
The Deputy Registrar of Co-operative Societies
The Assistant Registrar of Co-operative Societies
The Returning Officer, Begihalli Milk Producers Co-operative Societies Ltd
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
