Case Note & Summary
The petitioner, L.N. Shivareddy, an elected director of the 4th respondent society, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a notification dated 09.02.2024 issued by the 1st respondent (State of Karnataka). By that notification, the State, in exercise of power under Section 28-A(4-B)(1) of the Karnataka Co-operative Societies Act, 1959, appointed the 5th respondent, Shri Jayaram Reddy, as a non-official member (Adhikaarethara Sadasya) of the society. The petitioner contended that elections for the post of directors had already been notified and were scheduled to be held on 11.02.2024, and that the appointment of a non-official member after the election notification would affect the composition of the board and the free and fair election process. The respondents argued that the appointment was validly made under the Act. The court examined the provisions of Section 28-A(4-B)(1) and noted that the power to appoint non-official members is intended to ensure representation of certain categories, but such appointment cannot be made after the election process has commenced as it would disturb the composition of the board and the electoral process. The court held that the appointment was invalid and quashed the notification insofar as it pertained to the 4th respondent society. The petition was allowed with no order as to costs.
Headnote
A) Cooperative Law - Appointment of Non-Official Member - Section 28-A(4-B)(1) of Karnataka Co-operative Societies Act, 1959 - Validity of appointment after election notification - The petitioner, an elected director of the society, challenged the appointment of respondent No.5 as a non-official member made on 09.02.2024, after the election notification was issued. The court held that such appointment would affect the composition of the board and the free and fair election process, and thus quashed the appointment. (Paras 1-5)
Issue of Consideration
Whether the appointment of a non-official member (Adhikaarethara Sadasya) to the board of a cooperative society after the issuance of election notification is valid under Section 28-A(4-B)(1) of the Karnataka Co-operative Societies Act, 1959.
Final Decision
The court allowed the writ petition and quashed the notification dated 09.02.2024 insofar as it pertained to the 4th respondent society. No order as to costs.
Law Points
- Section 28-A(4-B)(1) of Karnataka Co-operative Societies Act
- 1959
- Appointment of non-official member
- Election notification
- Free and fair elections
- Writ of certiorari
