Case Note & Summary
The case involves a writ appeal filed by three appellants, who were the President and Directors of the Tumkur Co-operative Milk Producers Societies Union Ltd., against an order of a learned Single Judge dated 22.01.2024 in WP No. 24015/2024. The appellants had challenged the election notification and process for the co-operative society. The Single Judge dismissed the writ petition, holding that the challenge to the election process after the issuance of notification was not maintainable. The Division Bench, comprising the Chief Justice and Justice K V Aravind, heard the appeal. The court noted that the election process had already been set in motion by the issuance of notification. Relying on settled legal principles, the court held that the High Court should not interfere with the election process under Article 226 of the Constitution once the notification has been issued. The court also observed that the appellants had an alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959, to raise disputes regarding the election. The Division Bench dismissed the appeal, upholding the order of the Single Judge. The court did not find any merit in the appeal and declined to interfere with the election process.
Headnote
A) Co-operative Law - Election Process - Maintainability of Writ Petition - Article 226 of Constitution of India - Challenge to election notification after issuance is not maintainable - The court held that once the election process has been set in motion by issuance of notification, the High Court should not interfere under Article 226, as per settled law. (Paras 1-5)
B) Co-operative Law - Election Dispute - Alternative Remedy - Karnataka Co-operative Societies Act, 1959 - Section 70 - Disputes relating to elections must be raised before the prescribed authority under the Act, not by way of writ petition - The court held that the appellants had an efficacious alternative remedy under the Act. (Paras 1-5)
Issue of Consideration
Whether a writ petition challenging the election notification and process of a co-operative society is maintainable after the election notification has been issued.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the Single Judge. The court held that the challenge to the election process after issuance of notification is not maintainable under Article 226 of the Constitution of India.
Law Points
- Election process cannot be challenged after notification
- Co-operative societies elections
- Maintainability of writ petition
- Article 226
- Karnataka Co-operative Societies Act
- 1959
Case Details
WA No. 280 of 2024 (CS-EL/M)
N. V. Anjaria, Chief Justice, K V Aravind, Justice
Sri D.R.Ravishankar, Senior Advocate, Sri Nagaraju, Advocate for appellants; Smt.Prathima Honnapura, Additional Advocate General, Smt.Niloufer Akbar, AGA for respondent nos.1,3,4; Sri A.C.Balaraj, Advocate for cavator/respondent No.5
Sri C V Mahalingaiah, Sri Chandrashekar, Sri Channamallappa
State of Karnataka, Co-operative Election Commissioner, Deputy Commissioner Cum District Federal Co-operative Election Officer, Assistant Commissioner Cum Returning Officer, Tumkur Co-operative Milk Producers Societies Union Ltd., H.B. Shivananjappa
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Nature of Litigation
Writ appeal against order of Single Judge dismissing writ petition challenging election notification and process of a co-operative society.
Remedy Sought
Appellants sought to set aside the order of the Single Judge dated 22.01.2024 in WP No. 24015/2024 and to allow the writ petition.
Filing Reason
Appellants challenged the election notification and process for the Tumkur Co-operative Milk Producers Societies Union Ltd.
Previous Decisions
Single Judge dismissed the writ petition on 22.01.2024, holding that challenge to election process after notification is not maintainable.
Issues
Whether a writ petition challenging the election notification and process of a co-operative society is maintainable after the election notification has been issued.
Submissions/Arguments
Appellants argued that the election process was flawed and sought interference under Article 226.
Respondents contended that the election process had already commenced and the writ petition was not maintainable.
Ratio Decidendi
Once the election process has been set in motion by issuance of notification, the High Court should not interfere under Article 226 of the Constitution. The appellants had an alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959.
Judgment Excerpts
Heard learned Senior Advocate Mr.D.R.Ravishankar assisted by learned advocate Mr.Nagaraju for the appellants and Smt.Prathima Honnapura, Additional Advocate General along with Smt.Niloufer Akbar, AGA for respondent nos.1,3 and 4 and Sri A.C.Balaraj, Advocate for cavator/respondent No.5.
The court held that the challenge to the election process after issuance of notification is not maintainable.
Procedural History
The appellants filed WP No. 24015/2024 before the High Court of Karnataka challenging the election notification and process. The Single Judge dismissed the writ petition on 22.01.2024. The appellants then filed the present writ appeal under Section 4 of the Karnataka High Court Act.
Acts & Sections
- Karnataka High Court Act: Section 4
- Karnataka Co-operative Societies Act, 1959: Section 70
- Constitution of India: Article 226
