P Shankara Vs the State of Karnataka

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1 - NC: 2025:KHC:5994 WP No. 1597 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1597 OF 2025 (CS-EL/M)

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BETWEEN:

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P. SHANKARA S/O LATE S. PUTTAPPA.R, AGED ABOUT 65 YEARS, RESIDING AT NO. 65, S.P. ROAD, BENGALURU - 560 002, MEMBERSHIP NO. 9137.

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…PETITIONER

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(BY SRI. M.R. VIJAYA KUMAR, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BANGALORE - 560 001.

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THE STATE CO-OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C 'A' BLOCK, K.H. ROAD, BANGALORE - 560 027.

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THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, (INDUSTRIES AND DAIRY), AND CHIEF ELECTION COMMISSIONER, I.C.D.P, NO.1, ALI ASKAR ROAD, BANGALORE - 560 001.

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2 - NC: 2025:KHC:5994 WP No. 1597 of 2025

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THE ASSISTANT REGISTRAR AND THE RETURNING OFFICER OF H.M.T. EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., BANGALORE - 560 013.

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H.M.T. EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., JALAHALLI POST, BANGALORE - 560 013, REPRESENTED BY ITS SECRETARY. REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SANDESH T.B, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTION OR AN ORDER DECLARING THAT SECTION 20(2)(a-iv) AND (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES AND UNCONSTITUTIONAL AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:5994 WP No. 1597 of 2025

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ORAL ORDER

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The petitioner is seeking for the following prayers:-

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"a) Issue a writ, direction or an order declaring that section 20(2)(a-vi) and (a-v) of the Karnataka Co-operative Societies Act is ultra vires and unconstitutional;

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b) Issue a writ, direction or an order in the nature of mandamus directing 4^th respondent to accept the nomination of the petitioner to contest the election to 5^th respondent society which is scheduled on 02/02/2025 as per the calendar of events without referring to clause (a-vi) and (av) of sub-section 2 of section 20 of the act subject to result of this writ petition.

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c) For cost and such other relief as this Hon'ble Court deems fit in the interest and equity."

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Petitioner’s counsel does not press prayer No.a,

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submission is recorded on 23.01.2025 by this Court.

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This Court by way of an interim arrangement on

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23.01.2025 permitted the petitioner to contest and cast his vote in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition.

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NC: 2025:KHC:5994 WP No. 1597 of 2025

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Heard Sri. M.R. Vijaya Kumar, learned counsel

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for the petitioner, Sri. Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3 and 4, Sri. T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri. Sandesh T. B., learned counsel for respondent No.5.

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Learned counsel for the petitioner submits that the

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election has been concluded on 02.02.2025 and the petitioner has contested and cast his vote.

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Learned counsel for respondent No.5-Society fairly submits that Society has not followed the mandatory requirements of the Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (herein after referred to as ‘the Rules’ for short) and submits that the votes cast by the petitioner may be counted and Returning Officer announce the results.

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It is brought to the notice of this Court that under identical circumstances the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State

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5 - NC: 2025:KHC:5994 WP No. 1597 of 2025

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of Karnataka and others¹ (H.S. Raju) has permitted the

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votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) of the Karnataka Co-Operative Societies Act, 1959 (herein after referred to as ‘the Act, 1959’ for short). Whether the petitioner did incur disqualification to vote or not is a question of fact and it has to be decided in the proceedings under Section 70 (2) (c) of the Act.

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In the said circumstances, this Court pass the

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following:

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ORDER

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I. The Returning Officer is directed to count the votes including the vote cast by the petitioner and announce the results, if not, already announced.

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II. Liberty is reserved to the aggrieved party to raise a dispute under Section 70 (2)(c) of the Act and such a dispute is raised questioning

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1 2022 (4) AKR 775

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the eligibility of the petitioner to contest and vote in the election to the Board of respondent No.5-Society, the said dispute shall be decided without being influenced by the interim order granted by this Court permitting the petitioner to vote in the election to the Board of respondent No.5– Society. Neither the interim order or the order of the Court to count the votes of the petitioner would give a finding on the eligibility of the petitioner to contest and vote in the election to the Board of the respondent No.5-Society.

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III. The question as to the eligibility of the petitioner to vote in the election is kept open to be adjudication in a dispute if any raised in this regard.

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IV. If any dispute relating to the eligibility of the petitioner to contest and vote in the election to the Board of respondent No.5-Society is raised, the effect of holding the petitioner’s ineligible to vote and excluding such votes, on the final outcome of the election results shall

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