Hosaneeralagi Yennebija Belegarara Sahakari Sangh Niyameeth v. State Of Karnataka
2019-05-09
B.A.PATIL
body2019
DigiLaw.ai
JUDGMENT : B.A. Patil, J. The present writ petition has been filed by the petitioner praying this Court to quash the electoral roll insofar as it relates to respondent Nos.6 to 8 are concerned at Sl .No.5 to 7 vide Annexure-C dated 09.04.2019. 2. I have heard the learned counsel appearing for the parties. 3. The only question which has been raised by the learned counsel for the petitioner is that, the 2nd respondent Federation passed a resolution to give membership to respondent Nos.6 to 8 and subsequently the same was approved in the General Body Meeting as per the bye-laws. The membership of the respondents in the Federation is not 12 months prior to the date of election and as such they are not eligible to vote in the election to be held on 28.04.2019. It is his further submission that, the electoral roll can be challenged by anybody, not only by the president but by any member of the society as the electoral roll itself is an important aspect while determining the elections. 4. In order to substantiate his contentions, the learned counsel for the petitioner relied upon a decision of the Hon'ble Apex Court in the case of Chief Commissioner of Ajmer Vs. Radhey Shyam Dani, LAWS(SC) 1956 11 16. 5. It is his further submission that the membership of respondent Nos.6 to 8 was only formally approved on 30.03.2018. But the Federation in its General Body Meeting held on 03.09.2018 approved their membership from that date, respondent Nos.6 to 8 are not members 12 months prior to the date of election and hence they are not eligible to participate in the elections. For all these grounds he prays to allow this writ petition. 6. Per contra, the learned counsel appearing for the respondents vehemently argued and submitted that the management is the authorized authority to issue membership as per Section 28-C of Karnataka Co-Operative Societies Act (hereinafter referred to as “the Act” for short) . It is their submission that the membership has been granted to respondent Nos.6 to 8 on 30.03.2018 and the electoral roll has been published subsequently and the elections have been held on 28.04.2019, after 12 months of their becoming the members of the said Federation and as such, the bye-law will not come in the way for casting their vote.
It is their submission that the membership has been granted to respondent Nos.6 to 8 on 30.03.2018 and the electoral roll has been published subsequently and the elections have been held on 28.04.2019, after 12 months of their becoming the members of the said Federation and as such, the bye-law will not come in the way for casting their vote. It is their further submission that the committee is competent to grant the membership to the Federation. It is their further submission that the petitioner, without there being any authority, has filed the present writ petition. Under the said facts and circumstances, the present writ petition is not maintainable in law. 7. Learned counsel for the respondents further submitted that, as per section 70 of the Act, if at all the President or any member, if aggrieved by the results of the elections, have an alternative remedy to challenge the said elections. In this behalf also the present writ petition is not maintainable. On all these grounds they prayed to dismiss the writ petition. 8. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 9. The only point which has been raised by the learned counsel for the petitioner is that, respondent Nos.6 to 8 have become the members of the Federation on 30.03.2018 and the same has been approved in the General Body Meeting held on 03.09.2018 and as such they are not eligible to participate in the elections in view of the bye-law No.22.1.1(E) as per Annexure-A. 10. On perusal of the records, it is not in dispute that the Committee of the Management has passed the resolution on 30.03.2018 and they have been granted the membership. It is the specific contention of the learned counsel for the petitioner that the membership of respondent Nos. 6 to 8 has been approved in the General Body Meeting of the Federation held on 03.09.2018, which is not 12 months prior to the date of election and hence they are not eligible to vote in the election. 11. Section 28-C of the Act reads as under: “28-C. Powers and functions of the board.
6 to 8 has been approved in the General Body Meeting of the Federation held on 03.09.2018, which is not 12 months prior to the date of election and hence they are not eligible to vote in the election. 11. Section 28-C of the Act reads as under: “28-C. Powers and functions of the board. (1) The board of a co-operative society may exercise all such powers and perform all such duties as may be necessary or expedient for the purpose of carrying out its functions under the Act, the rules and the bye-laws. (2) Without prejudice to the generality of the foregoing powers, such powers and duties shall include the following.
(1) The board of a co-operative society may exercise all such powers and perform all such duties as may be necessary or expedient for the purpose of carrying out its functions under the Act, the rules and the bye-laws. (2) Without prejudice to the generality of the foregoing powers, such powers and duties shall include the following. - (a) to admit members; (b) to dispose of applications for allotment of shares; (c) to mobilize resources and invest funds; (d) to provide services or facilities including sanction of loans and advances to the members and determination of the security to be taken; (e) to elect the Chairperson and other office-bearers under the Superintendence of Co-operative election Authority; (f) to acquire or dispose of moveable and immovable property required for achieving the objectives of the society; (g) to determine the cadre strength of the establishment of the society, qualifications, pay scales and other allowances admissible to each employee and other conditions of service of the employees as prescribed in the rules; (h) to appoint the chief Executive and such other employees as are not required to be appointed by the Chief Executive of the society subject to the provisions of Section 29-G; (i) to lay down conduct and discipline rules, initiate disciplinary action against the delinquent employees and impose penalties proportionate to the gravity of the charges subject to the provisions of the by-laws of the society; (j) to set up specific goals to be achieved towards the organizational objectives; (k) to approve the expenditure necessary for the business of the society subject to the provisions of annual budget; (l) to cause the audit of accounts of the society within the specified time-limit and obtain the audit report within the said period; (m) to consider the audit report, take action for rectification of the defects and remedying the irregularities pointed out, if any, in the audit, cause compliance report and place the reports before the general body; (n) to consider the enquiry or inspection reports, if any, take action for rectification of the irregularities pointed out, if any, in the enquiry or inspection, cause compliance report and place the reports before the general body; (o) to place the annual report, annual financial statements, annual plan and budget for the approval of the general body.
(p) to institute, defend or compromise legal proceedings; (q) to initiate civil, criminal and disciplinary action, as the case may be, against any person who may have incurred civil or criminal liability by way of misappropriation or causing loss to the society; (r) to convene annual general meeting in time and special general meetings whenever necessary and on requisition; (s) to frame regulations necessary for the proper and effective functioning of the society; (t) to take such other measures or to do such other acts as may be required under this Act, the rules or as may be specified in the bye- laws or as may be delegated by the general body.” 12. On close reading of the said Section 28-C, the Board of Co-Operative Society may exercise all such powers and perform all such duties as may be necessary in this behalf including admitting the members. 13. Admittedly respondent Nos.6 to 8 have been given the membership on 30.03.2018 and it is also not in dispute that, subsequently in the General Body Meeting held on 03.09.2018, the same has been approved and they have become the members. Once the resolution has been passed by the Committee giving the membership on 30.03.2018 and subsequently the elections were held on 28.04.2019, as per bye-law 22.1.1(E) , the contention that they are not eligible to participate in the election, they were not the members to the Federation not less than 12 months prior to the said election is not acceptable when they have been admitted as members on 30.03.2018 and even in the electoral roll , which has also been got published, they have been shown as the members of the said Federation. Though it is submitted by the learned counsel for the petitioner that he has filed objections to election roll and he has been informed to challenge the same before the appropriate Court of law, but no documents have been produced to show that the same has been challenged before competent authority. 14. Under the said facts and circumstances, I am of the considered opinion that there is no violation of the bye-law 22.1.1(E) and even there is no dispute that the committee is competent to admit the membership and respondent Nos.6 to 8 have been admitted as the members on 30.03.2018.
14. Under the said facts and circumstances, I am of the considered opinion that there is no violation of the bye-law 22.1.1(E) and even there is no dispute that the committee is competent to admit the membership and respondent Nos.6 to 8 have been admitted as the members on 30.03.2018. Under the said facts and circumstances of the case, I feel that the petitioner has not made out any good grounds to allow the writ petition and to give the relief as prayed for. However, if at all the petitioner is aggrieved by the results which are going to be published in view of the elections held, as per section 70 of the Act, the petitioner is at liberty to challenge the same, if he is advised to do so. Respondent No.5 is hereby directed to announce the result and proceedings in accordance with law. Accordingly, the writ petition is disposed of. In view of the disposal of the writ petition, I.A.No.1/2019 and I .A.No.2/2019 do not survive for consideration and same are disposed of.