Case Note & Summary
The dispute arose from a writ appeal filed by Appellant challenging a common order dated 13.10.2025 passed by a learned Single Judge in W.P.No.27139/2024. The appellant, a member of the Tumkuru District Milk Producers Co-operative Societies Union Limited, was declared ineligible to vote in the Union's elections scheduled for 10.11.2024 due to alleged failure to supply quality milk as per bye-laws. The Union had issued show cause notices citing violations of bye-law Nos.15.2 and 15.3, claiming the appellant failed to utilize services/facilities for two co-operative years out of five prior years. The appellant contested this, asserting it had supplied the requisite quantity of milk and alleged collusion to adulterate SNF test results, but the Union included it in the ineligible voters list based on non-compliance with bye-law No.15.2 for co-operative years 2020-2021 and 2022-2023. The appellant argued the decision was contrary to bye-laws and Section 20(2)(a-v) of the Karnataka Co-operative Societies Act, 1959, and that the SNF requirement was merely a circular condition. The learned Single Judge dismissed the writ petition, finding the appellant ineligible as it failed to supply milk with the minimum SNF value of 8.5%, noting compliance with procedural rules and limited scope for judicial intervention under Article 226 of the Constitution. In appeal, the appellant's counsel submitted that bye-law No.15.2 was amended retrospectively, the data showed requisite milk supply, and SNF below 8.5% did not render supply non-est. The court analyzed bye-laws 13.1(a) and 15.2, interpreting 'quality milk' to require SNF of 8.5% or above, thus excluding supplies below this standard from eligibility calculations. It upheld the Single Judge's findings, noting procedural compliance under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960, and affirmed the limited scope of writ jurisdiction. The appeal was dismissed, confirming the appellant's ineligibility to vote.
Headnote
A) Co-operative Law - Election Eligibility - Bye-law Interpretation - Karnataka Co-operative Societies Act, 1959, Section 20(2)(a-v) - Dispute pertained to appellant's inclusion in list of ineligible voters for Union elections based on alleged failure to supply quality milk - Court interpreted bye-laws requiring 'quality milk' with SNF value of 8.5% or above - Held that supply of milk below 8.5% SNF cannot be considered 'quality milk' under bye-law 13.1(a) and thus excluded from quantity calculations for eligibility under bye-law 15.2 (Paras 15-19). B) Co-operative Law - Judicial Review - Scope of Article 226 - Constitution of India, Article 226 - Appellant challenged eligibility decision through writ petition - Court affirmed limited scope of interference under Article 226 - Held that courts may intervene only if prescribed procedure for declaring ineligibility is not followed, otherwise parties must pursue remedies under Section 70(2)(c) of KOS Act (Para 11). C) Co-operative Law - Procedural Compliance - Notice Requirements - Karnataka Co-operative Societies Rules, 1960, Rule 13-D(2-A) - Appellant alleged procedural irregularities in declaring ineligibility - Court found that appropriate notices were issued under Rule 13-D(2-A) and complied with before inclusion in ineligible voters list - Held that procedural requirements were satisfied, supporting dismissal of writ petition (Para 12).
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Issue of Consideration: Whether the appellant co-operative society was rightly declared ineligible to vote in the elections of the Tumkuru District Milk Producers Co-operative Societies Union Limited due to alleged failure to supply quality milk as per bye-laws, and whether the learned Single Judge erred in dismissing the writ petition.
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Final Decision
The writ appeal is dismissed, upholding the impugned order dated 13.10.2025 passed by the learned Single Judge in W.P.No.27139/2024, confirming the appellant's ineligibility to vote in the elections of the Union.
