Vanishree, W/o S. R. Vishwanath v. Indian Farmers Fertilisers Cooperative Limited
2018-01-30
S.N.SATYANARAYANA
body2018
DigiLaw.ai
ORDER : The petitioner herein who is said to be President of Rythara Seva Sahakara Sangha Niyamitha, Singanayakanahalli, Bengaluru North Taluk has presented this Writ Petition impugning the communication dated 25.2.2014 vide Annexure P in rejecting her candidature for Representative General Body (‘RGB’ for brevity) Election held at Mysuru on 25.2.2014 in the category of Societies whose turn over is more than Rs.10 Lakhs. In this Writ Petition, she is also seeking a direction to quash Byelaw No. 19(e) of the Indian Farmers Fertilizers Cooperative Limited (“IFFCO” for brevity) which is first respondent herein. 2. Admittedly, the Society to which the petitioner herein is the President, is a member of the first respondent – Indian Farmers Fertilisers Cooperative Limited (‘IFFCO’ for brevity) which is also a competitor of KRIBHCO (both are carrying on similar business). The material on record would indicate that the name of the petitioner was short listed as candidate for the Election of the first respondent RGB of Mysuru Region which was stated to be held on 25.2.2014 under the category of the Societies whose turn over is more than Rs.10 Lakhs. The name of the petitioner was short listed at Serial No.6 of Annexure-M which is Form No. 3 i.e., the list of representatives (voters) nominated by eligible members of the Society in Mysuru constituency. The said Form No.3 is as per Bye law 24(ii)(c)/24(ii)(f). When the matter stood thus, it is stated that the third respondent who is the President of Kolar Taluk Agricultural Produce Marketing Society Limited, Kolar, has complained to the second respondent – Senior Area Manager/Election Officer of the first respondent by letter dated 27.1.2014 alleging that the petitioner herein is not only the member of first respondent – IFFCO but also a member of KRIBHCO which is a competitor Society for IFFCO. Through communication dated 25.2.2014 issued to the petitioner, the IFFCO has stated that in view of Byelaw No.19(e) of IFFCO Byelaws framed under the provisions of Multi State Cooperative Societies Act, 2002, is violated her Nomination Form to contest as a candidate in the aforesaid Election is rejected. 3. “Byelaw 19(e) of IFFCO reads as under: 19.
Through communication dated 25.2.2014 issued to the petitioner, the IFFCO has stated that in view of Byelaw No.19(e) of IFFCO Byelaws framed under the provisions of Multi State Cooperative Societies Act, 2002, is violated her Nomination Form to contest as a candidate in the aforesaid Election is rejected. 3. “Byelaw 19(e) of IFFCO reads as under: 19. A member society of IFFCO shall cease to be a member, if: (a) x x x (b) x x x (c) x x x (d) x x x (e) the business of the member is in conflict or competitive with the business of IFFCO and it represents on the General Body/Representative General Body/Board or any other Administrative Body of a cooperative society whose business is competitive with the business of IFFCO” On going through the same, it is noticed that the said Bye law would clearly prohibit the candidature of the petitioner to be elected to the RGB at Mysuru Division. In that view of the matter, this Court find that rejection of nomination through communication dated 25.2.2014 vide Annexure P does not survive for consideration in this proceeding. 4. Further, with reference to the second prayer i.e., to quash Byelaw 19(e) of the first respondent IFFCO which is approved vide Certificate of Registration No. L11015/8/75 L&M dated 26.9.2013, also does not call for interference inasmuch as, the same is approved pursuant to the provisions governing the issues of Bye laws and provisions of the Multi State Cooperative Societies Act, 2002 wherein Section 11 provides for framing of such Byelaws. Therefore without going into the correctness or otherwise of the aforesaid Section, the Bye laws framed thereunder cannot be dismissed in this Writ Petition. Accordingly, the second prayer also does not survive for consideration. Accordingly these Writ Petitions are disposed of.