R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF MARCH, 2020 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S.DIXIT W.P.Nos.204109-113/2018 & 204142-144/2018 C/w W.P.NOS.204065-69/2018; 204070-74/2018 204075/2018; 204175-177/2018 204258/2018; 204265/2018 204266/2018; & 204267-270/2018 (CS-EL/M) WP NOS.204109-113/2018 & 204142-144/2018: BETWEEN1 TADAKAL WOMAN MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, TADAKAL VILLAGE TQ:ALAND DIST: KALABURAGI REPRESTED BY ITS PRESIDENT SMT. SARASWATI W/O DAYANAND SWAMY AGE:
50. YRS R/O TADAKAL VILLAGE TQ:ALAND DIST: KALABURAGI2 HITTAL SHIROOR MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, HITTAL SHIROOR TQ:ALAND DIST: KALABURAGI REPRESENTED BY ITS PRESIDENT SRI. SHARANABASAPPA S/O KALLAPPA SARASAMBI AGE:
31. YRS R/O HITTAL SHIROOR VILLAGE TQ:ALAND DIST: KALABURAGI3 MOGA (K) WOMAN MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, MOGA (K) TQ:ALAND DIST: KALABURAGI REPRESENTED BY ITS PRESIDENT2SMT. BHAGAMMA W/O MAHANT WAGGALE AGE: YRS, R/O MOGA (K), TQ:ALAND DIST: KALABURAGI4 JAMBGA (R) MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, JAMBA (R) VILLAGE TQ:ALAND DIST: KALABURAGI REPRESENTED BY ITS PRESIDENT SRI. RAJKUMAR S/O MULGE(DELEGATEE) AGE:
42. YRS R/O JAMBGA (R) VILLAGE TQ:ALAND DIST: KALABURAGI5 KINNI SULTAN MILK PRODUCEERS CO-OPERATIVE SOCIETY LTD, KINNI SUSLTAN VILLAGE TQ:ALAND DIST: KALABURAGI REPRESENTED BY ITS PRESIDENT SRI. MAHESH S/O PRAKASH BIRADAR (DELEGATEE) AGE:
35. YRS R/O KINNI SULTAN VILLAGE, TQ:ALAND DIST: KALABURAGI6 MANNUR MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, MANNUR VILLAGE TQ:ALAND DIST: KALABURAGI REPRESENTED BY ITS PRESIDENT SRI. SANGAPPA S/O YALLAPPA YEMMENAVAR (DELEGATEE) AGE:
47. YRS R/O MANNUR VILLAGE, TQ:ALAND DIST: KALABURAGI7 MELKUNDA (K) MILK PRODUCERS CO-OPERATIVE SOCIETY LTD,MELKUNDA (K) VILLAGE TQ:ALAND DIST: KALABURAGI REPRESENTED BY ITS PRESIDENT SRI. KUPENDRA S/O BHOJARAYA MALIPATIL (DELEGATEE) AGE:57 YRS R/O MELKUNDA (K)VILLAGE, TQ:ALAND DIST: KALABURAGI8 GADDALMARI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, GADDALMARI VILLAGE TQ:SURAPUR DIST: YADGIR REPRESENTED BY ITS PRESIDENT SRI. BAPUGOUDA S/O DUNDAPPAGOUDA PATIL (DELEGATEE) AGE:54 YRS R/O HUNASAGI VILLAGE TQ: SURAPUR DIST: YADGIR ... PETITIONERS (BY SRI A M NAGARAL, ADVOCATE) 3 AND1 THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING BANGALORE-560001 REPRESENTED BY ITS SECRETARY2 THE REGISTRAR OF CO OPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE-560052 3. THE JOINT REGISTAR OF CO OPERATIVE SOCIETIES RAICHUR-5854102 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY3D FLOOR SHANTHI NAGAR TTMC A BLOCK SHANTHI NAGAR BANGALORE-27 REPRESENTED BY ITS SECRETARY5 THE DEPUTY COMMISSIONER/DISTRICT ELECTION OFFICER CO OPERATIVE ELECTION AUTHORITY KALABURAGI-585103 6. THE RETUNING OFFICER THE ASSISTANT COMMISSIONER THE GULBARGA-BIDAR & YADGIRI MILK PRODUCERS CO OPERATIVE SOCIETY UNION LIMITED KALABURAGI GULBARGA DIARY HUMNABAD ROAD, KALABURAGI7 THE GULBARGA-BIDAR & YADGIR MILK PRODUCER CO OPERATIVE SOCIETY UNION LIMITED KALABURAGI DIARY HUMNABAD ROAD, KALABURAGI-585104 REPRESENTED BY ITS MANAGING DIRECTOR8 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, YADGIRI SUB-DIVISION, YADGIR9 GUDUR MILK PRODUCERS CO-OPERATIVE SOCIETY GUDUR, AFZALPUR TALUKA KALABURAGI DIST. BY ITS PRESIDENT SRI VISHWANATH SHIVASHARANAPPA PATIL, AGE:
54. YEARS, 10. DONGARGAON MILK PRODUCERS CO-OPERATIVE SOCIETY, DONGARGOAN, KALABURAGI4BY ITS DIRECTOR SRI RAVINDRA KARABASAPPA PATIL S/O KARABASAPPA PATIL, AGE:
50. YEARS (AMENDED AS PER ORDER
DATED0903.2020) ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R6 & R8; SRI AMRESH S. ROJA, ADVOCATE FOR R7; SRI BEEMARAYA, ADVOCATE FOR R9, R10)) THESE WRIT PETITIONS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT, SEC.20(2)(A-IV) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT1959IS ULTRA VIRUS AND LACKS LEGISLATIVE COMPETENCY IN VIEW OF ARTICLE243ZI AND243ZO OF CONSTITUTION OF INDIA UNDER ANNEXURE-H, AND ETC. WP NOS.204065-69/2018 BETWEEN1 ANANDURWADI MILK PRODUCER CO-OPERATIVE SOCIETY REP. BY ITS PRESIDENT SMT. RUKMINIBAI W/O VITHALRAO MAJOR R/O # 131, KHADAR NAGAR BIDAR TQ & DIST: BIDAR- 585402 2. CHJITTAWADI MILK PRODUCER CO-OPERATIVE SOCIETY REP. BY ITS PRESIDENT SMT. JAGADEVI W/O SHARANAPPA MAJOR R/O CHITTAWADI TQ & DIST: BIDAR-585402 3. CHONDI MILK PRODUCER CO-OPERATIVE SOCIETY REP. BY ITS PRESIDENT SMT. ANITA W/O VISHWANATH MAJOR R/O CHONDI TQ & DIST: BIDAR- 585403 5 4. BAGDAL MILK PRODUCER CO-OPERATIVE SOCIETY REP. BY ITS PRESIDENT OMNATH S/O ADEPPA MAJOR OCC: BAGADAL TQ & DIST: BIDAR-585402 5. MILK PRODUCER CO-OPERATIVE SOCIETY ISLAMPUR REP. BY ITS PRESIDENT SMT. CHINNAMMA RAKSHE W/O GURUNATH RAKSHE MAJOR, R/O @ 131 KHADAR NAGAR BIDAR TQ & DIST: BIDAR-585402 ... PETITIONERS (BY SRI JAIRAJ K BUKKA, ADVOCATE) AND1 THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY DEPT. OF CO-OPERATIVE SOCIETY M.S. BUILDING BANGALORE-560001 2. THE STATE OF KARNATAKA CO-OPERATIVE SOCIETIES REP BY ELECTION COMMISSIONER KARNATAKA STATE HOUSING BUILIDNG NO.3, 2ND FLOOR KARIAPPA ROAD, BASAVANGUDI (OPP. KRISHNA RAO PARK) BANGALORE-560004 3. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES BIDAR BIDAR-585401 4. THE DEPUTY COMMISSIONER KALABURAGI-585104 5. THE ELECTION RETURNING OFFICER & MANAGING DIRECTOR KALABURAGI BIDAR YADGIR, MILK PRODUCER SOCIETIES UNION LTD, KALABURAGI- 6. THE ELECTION RETURNING OFFICER KALABURAGI BIDAR YADGIRI6MILK PRODUCER SOCIETIES UNION LTD. KALABURAGI ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1, R3, R4 & R6; SRI AMRESH S. ROJA, ADVOCATE FOR R5; SRI M. SALOMON ALFRED, ADVOCATE FOR R2) THESE WRIT PETITIONS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE IMPUGNED ORDER
OF THE6H RESPONDENT ELECTION NOTICE NO.KABIYAHAO/ CHUNAVANE/ 2018-19/532, WHICH IS AT ANNEXURE-B ON DATED1510.2018, AND ETC. WP NOS.204070-74/2018 BETWEEN1 BHAVANIBIJALGAON MILK PRODUCER CO-OPERATIVE SOCIETY LTD, REP BY ITS PRESIDENT SURESH S/O BHIMRAO AGE:
33. YRS R/O BHAVANI BIJALGAON BELKHONI (M) TQ & DIST: BIDAR- 585443 2. MAHILA MILK PRODUCER CO-OPERATIVE SOCIETY KANGANKOTI REP. BY ITS PRESIDENT SMT. PUTALIBAI W/O SHIVARAJ AGE:
53. YRS R/O KANGANKOT TQ & DIST: BIDAR-585403 3. MILK PRODUCER CO-OPERATIVE SOCIETY SHAHPUR REP. BY ITS PRESIDENT RAJAPPA S/O EKANATH JATAGONDA AGE:
53. YRS R/O SHAHAPUR TQ & DIST: BIDAR-585402 4. MILK PRODUCER CO-OPERATIVE SOCIEITY SIKENDRAPUR REP. BY ITS PRESIDENT SMT. 7 ANANDA W/O SHIVARAJ AGE:31 YRS R/O SECUNDRPUR TQ & DIST: BIDAR-585402 5. KOLHAR (K) MILK PRODUCER CO-OIPERATIVE SOCIETY LTD, REP. BY ITS PRESIDENT SMT. MANORAMA W/O KALYANRAO AGE:
68. YRS R/O KOLHAR (K), TQ & DIST: BIDAR-585403 ... PETITIONERS (BY SRI JAIRAJ K BUKKA, ADVOCATE) AND1 THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY DEPT. OF CO-OPERATIVE SOCIETY M.S. BUILDING BANGALORE-560001 2. THE STATE OF KARNATAKA CO-OPERATIVE SOCIETIES ELECTION COMMISSIONER KARNATAKA STATE HOUSING BUILIDNG NO.3, 2ND FLOOR KARIAPPA ROAD, BASAVANGUDI (OPP. KRISHNA RAO PARK) BANGALORE-560004 3. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES BIDAR BIDAR-585401 4. THE DEPUTY COMMISSIONER KALABURAGI-585104 5. THE MANAGING DIRECTOR KALABURAGI BIDAR YADGIR, MILK PRODUCER SOCIETIES UNION LTD, KALABURAGI-585104 6. THE ELECTION RETURNING OFFICER KALABURAGI-BIDAR-YADGIR MILK PRODUCER SOCIETIES UNION LTD. 8 KALABURAGI-585104. ... RESPONDENTS (BY SRI. SHIVAKUMAR TENGLI, AGA FOR R1, R3, R4 & R6; SRI M. SALOMON ALFRED, ADVOCATE FOR R2; SRI AMRESH S. ROJA, ADVOCATE FOR R5) THESE WRIT PETITIONS FILED UNDER ARTICLES226OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER WRIT QUASHING THE IMPUGNED ORDER
OF THE6H RESPONDENT ELECTION NOTICE VIDE FILE NO.KABIYAHAO/CHUNAVANE/2018-19/532 DATED1510.2018 AT ANNEXURE-D AND ETC. IN WP NO.204075/2018 BETWEEN MAHILA MILK PRODUCER CO-OPERATIVE SODCIETY NELGI REP. BY ITS PRESIDENT SMT. SUVARNA W/O MAHARUDRAPPA AGE:
36. YRS R/O # 5/51 NELGLI TQ:BHALKI & DIST: BIDAR-585403 ... PETITIONER (BY SRI JAIRAJ K BUKKA, ADVOCATE) AND1 THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY DEPT. OF CO-OPERATIVE SOCIETY M.S. BUILDING BANGALORE-560001 2. THE STATE OF KARNATAKA CO-OPERATIVE SOCIETIES9REP. BY ELECTION COMMISSIONER KARNATAKA STATE HOUSING BUILIDNG NO.3, 2ND FLOOR KARIAPPA ROAD, BASAVANGUDI (OPP. KRISHNA RAO PARK) BANGALORE-560004 3. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES BIDAR BIDAR-585401 4. THE DEPUTY COMMISSIONER KALABURAGI-585104 5. THE MANAGING DIRECTOR KALABURAGI BIDAR YADGIR, MILK PRODUCER SOCIETIES UNION LTD, KALABURAGI-585104 6. THE ELECTION RETURNING OFFICER KALABURAGI BIDAR YADGIRI MILK PRODUCER SOCIETIES UNION LTD KALABURAGI ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1, R3, R4 & R6; SRI AMRESH ROJA, ADVOCATE FOR R5) THIS WRIT PETITION FILED UNDER ARTICLES226OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE IMPUGNED ORDER
OF THE6H RESPONDENT ELECTION No.KABIYAHAO/CHUNAVANE/2018- 19 WHICH IS AT ANNEXURE-D ON DATED1510-2018, AND ETC. 10 WP NOS.204175-177/2018 BETWEEN1 KHAJURI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, KHAJURI TQ:ALAND DIST: KALABURAGI- 585103 BY ITS PRESIDENT SRI. MANJUNATH S/O SHIVALINGAPPA BANGARAGE AGE:
45. YRS OCC: PRESIDENT OF KHAJURI MILK PRODUCERS CO- OPERATIVE SOCIETY LTD, 2. SHRIRU (G) MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, KHAJURI TQ:ALAND DIST: KALABURAGI- 585103 BY ITS PRESIDENT SMT. ANITA W/O RATHAN AGE:
40. YRS OCC: PRESIDENT OF KHAJURI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, 3. LANGATI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, KHAJURI TQ:ALAND DIST: KALABURAGI- 585103 BY ITS PRESIDENT SRI. SANGAYYA S/O IRAYYA SWAMI AGE:
48. YRS OCC: PRESIDENT OF KHAJURI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, ... PETITIONERS (BY SRI SANGANABASAVA B PATIL, ADVOCATE) AND1 THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING BANGALORE-1 2. THE JOINT REGISTRAR OF CO-OPERATION SOCIETIES GULBARGA RANGE RAICHUR VENKATESHWARA COLONY LINGASGURU ROAD, RAICHUR3 THE RETURNING OFFICER THE GULBARGA BIDAR AND YADAGIR MILK PRODUCERS CO-OPERATIVES SOCIETIES UNION LTD, KALABURAGI GULBARGA DAIRY HUMNABAD ROAD, GULBARGA-585104 AND DEPUTY COMMISSIONER KALABURAGI DIST:
11. KALABURAGI4 THE GULBARGA THE GULBARGA BIDAR AND YADAGIR MILK PRODUCERS CO-OPERATIVES SOCIETIES UNION LTD, KALABURAGI GULBARGA DAIRY HUMNABAD ROAD, GULBARGA-585104 BY ITS MANAGING DIRECTOR5 DONGERAGON MILK PRDUCERS CO-OP SOCIETY LTD. RTD BY ITS DIRECTOR MR.RAVINDRA S/O KARABASAPPA PATIL AGE:
55. YEARS, R/O DONGERAGON TQ. & DIST. KALABURAGI (AMENDED AS PER Court ORDER
DTD.09.03.2020) ... RESPONDENTS (BY SRI. SHIVAKUMAR TENGLI: AGA FOR R1 TO R3; SRI AMRESH S. ROJA, ADVOCATE FOR R4; SRI SANTOSH S. GOGI, ADVOCATE FOR R5) THESE WRIT PETITIONS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT, SEC.20(2) (A-IV) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT1959IS ULTRA VIRES AND LACKS LEGISLATIVE COMPETENCY IN VIEW OF ACTICLE243AND243ZO OF THE CONSTITUTION OF INDIA VIDE ANNEXURE-C1 AND ETC. WP NO20425/2018 BETWEEN DANNUR MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KHAJURI, TQ.ALAND, DIST.KALABURAGI-585103. BY ITS PRESIDENT, SRI.SOMASHEKAR S/O BASUTEPPA AGE:45 YEARS, OCC:PRESIDENT OF KHAJURI MILK PRODUCERS12CO-OPERATIVE SOCIETY LTD., ... PETITIONER (BY SRI SANGANABASAVA B PATIL, ADVOCATE) AND1 THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE-01.
2. THE JOINT REGISTRAR OF CO-OPERATION SOCIETIES GULBARGA RANGE, RAICHUR, VENKATESHWARA COLONY, LINGASUGUR ROAD, RAICHUR.
3. THE RETURNING OFFICER THE GULBARGA BIDAR AND YADAGIRI MILK PRODUCERS, CO-OPERATIVES SOCIETIES UNION LTD., KALABURAGI, GULBARGA DAIRY, HUMNABAD ROAD, GULBARGA- 585104. AND DEPUTY COMMISSIONER KALABURAGI, DISTRICT KALABURAGI.
4. THE GULBARGA-BIDAR AND YADAGIRI MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. KALABURAGI, GULBARGA DAIRY, HUMNABAD ROAD, GULBARGA- 585104, BY ITS MANAGING DIRECTOR.
6. DONGERAGON MILK PRDUCERS CO-OP SOCIETY LTD. RTD BY ITS DIRECTOR MR.RAVINDRA S/O KARABASAPPA PATIL AGE:
55. YEARS, R/O DONGERAGON TQ. & DIST. KALABURAGI (AMENDED AS PER Court ORDER
DTD.09.03.2020) ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3; SRI AMRESH ROJA, ADV. FOR R5) 13 THIS WRIT PETITION FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT, SEC. 20(2) (A-IV) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT1959IS ULTRA VIRES AND LACKS LEGISLATIVE COMPETENCY IN VIEW OF ARTICLE243AND243ZO OF THE CONSTITUTION OF INDIA VIDE ANNEURE-C1, WP NO20426 OF2018BETWEEN PRATAPA NAGAR MILK PRODUCER CO-OPERATIVE SOCIETY REP. BY ITS PRESIDENT PRABHAKAR S/O SHIVSHRANAPPA AGE:
64. YRS R/O TQ & DIST: BIDAR-585443 ... PETITIONER (BY SRI JAIRAJ K BUKKA, ADVOCATE) AND1 THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY DEPT. OF CO OPERATIVE SOCIEITY M.S.S BUILDING BANGALORE-560001 2. THE STATE OF KARNATAKA CO-OPERATIVE SOCIETIES ELECTION COMMISSION KARNATAKA STATE HOUSING BUILDING NO.3, 2ND FLOOR KARIAPPA ROAD, BASAVANGUDI (OPP. KRISHNA RAO PARK), BANGALORE-560004 3. THE DEPUTY COMMISSIONER KALABURAGI-585104 4. THE MANAGING DIRECTOR KALBURAGI BIDAR YADGIRI MILK PRODUCER SOCIETIES14UNION LTD, KALABURAGI-585104 5. THE ELECTION RETURNING OFFICER KALBURAGI-BIDAR-YADGIR MILK PRODUCER SOCIETIES UNION LTD, KALABURAGI-585104 ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1, R3 & R5; SRI AMRESH ROJA, ADV. FOR R4) THIS WRIT PETITION FILED UNDER ARTICLES226OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRETION QUASHING THE IMPUGNED NOTICE OF THE6H RESPONDENT DATED2310.2018 VIDE FILE NO.NIL WHICH IS AT ANNEXURE-D, AND ETC. WP NO20426/2018 BETWEEN THE PRESIDENT MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, SUGUR-(K), TQ:CHITTAPUR DIST: KALABURAGI REP. BY SRI. HANUMANTHRAO UPPIN ... PETITIONER (BY SRI RAVI B PATIL, ADVOCATE) AND1 THE SECRETARY CO-OPERATIVE ELECTION COMMISSIONER153RD FLOOR SHANTINAGAR T.T.M.C. A BLOCK SHANTINAGAR BANGALORE-560052 2. THE REGISTRAR OF CO--OPERATIVE SOCITIES OFFICE NO.1 ALI ASKAR ROAD, BANGALORE-560052 3. THE DEPUTY COMMISSIONER KALABURAGI DSITRICT MINI VIDHANA SOUDHA KALABURAGI-585102 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIEITES KALABURAGI REGION BASAGOWDA BHAGWAT BUILDING VENKATESH NAGAR RAICHUR-584101 5. THE DEPUTY REGISTRAR OF CO-OPERA.TIVE SOCIETIES PWD QUARTERS RAJAPUR ROAD, KALABURAGI-585104 6. THE KALABURAGI-BIDAR & YADGIR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD, HUMANABAD RING ROAD, KALABURAGI-585104 REP. BY ITS MANAGING DIRECTOR7 THE RETURNING OFFICER THE KALABURAGI-BIDAR & YADGIR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD, HUMANABAD RING ROAD, KALABURAGI-585104 8. GUDUR MILK PRODUCERS CO-OPERATIVE SOCIETY GUDUR, AFZALPUR TALUKA KALABURAGI DIST. BY ITS PRESIDENT SRI VISHWANATH SHIVASHARANAPPA PATIL, AGE:
54. YEARS, 9. DONGARGAON MILK PRODUCERS CO-OPERATIVE SOCIETY, DONGARGOAN, KALABURAGI BY ITS DIRECTOR SRI RAVINDRA KARABASAPPA PATIL S/O KARABASAPPA PATIL, AGE:
50. YEARS ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R5 & R7; SRI AMRESH ROJA, ADV. FOR R6; 16 SRI BHEEMARAYA M.N., ADVOCATE FOR R8 & R9) THIS WRIT PETITION FILED UNDER ARTICLES226OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI ANY OTHER WRIT OR DIRECTION TO QUASH THE IMPUGNED NOTIFICATION DATED1510.2018 BEARING NO.KABIYAHAO/CHUNAVANE/2018-19/1532 ISSUED BY THE7H RESPNDENT AURHORITY DECLARING THE ELECTIONS TO THE POSTS OF MEMBERS TO THE BOARD OF6H RESPONDENT COOPERATIVE SOCIETY AS AT ANNEXURE-E, AS CONTRARY TO SEC.28-A(3) OF KARNATAKA COOPERATIVE SOCIETIES ACT-1959, AND ETC. WP NOS.204267-270/2018 BETWEEN1 HADALAGI WOMAN MILK PRODEUCERS COOPERATIVE SOCIETY LTD, HADALAGI VILLAGE, TQ.ALAND, DIST.KALABURAGI. REPRESENTED BY ITS PRESIDENT, SMT.BHAGEERATHI W/O GURUBHEEMA, AGE:50 YERS, R/O HADALAGI VILLAGE, TQ.ALAND, DIST.KALABURAGI.
2. HERUR(K) MILK PRODUCERS COOPERATIVE SOCITY LTD., HERUR(K) VILLAGE, TQ.CHITTAPUR, DIST.KALABURAGI. REPRESENTED BY ITS PRESIDENT, CHENNAVEERAPPA R/O REVAPPA KUMBAR, AGE:48 YEARS, R/O HERUR(K) VILLAGE, TQ.CHITAPUR, DIST.KALABURAGI.
3. MUKRAMBA MILK PRODUCERS COOPERATIVE SOCIETY LTD MUKRAMBA VILLAGE, TQ.CHINCHOLI, DIST.KALABURAGI. REPRESENTED BY ITS PRSIDENT, GUNDAYYA S/O SHANTALINGAYYA, 17 MATHAPATHI AGE:37 YEARS, MUKRAMBA VILLAGE TQ.CHINCHOLI, DIST.KALABURAGI.
4. BEDASUR MILK PRODUCERS COOPERATIVE SOCIETY LTD BEDASUR VILLAGE, TQ.CHITAPUR, DIST.KALABURGI REPRESENTED BY ITS PRESIDENT, NAGAMMA TELIMANI W/O MALLIKARJUN TELIMANI, AGE:48 YEARS, R/O BEDASUR VILLAGE, TQ.CHITAPUR, DIST.KALABURAGI. ... PETITIONERS (BY SRI : A M NAGARAL, ADVOCATE) AND1 THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S.BUILDING, BANGALORE-560001 REPRESENTED BY ITS SECRETARY2 THE REGISTARAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE56005.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES RAICHUR-584102.
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY3D FLOOR, SHANTI NAGAR, T.T.M.C "A"BLOCK, SHANTI NAGAR, BANGALORE-27, REPRESENTED BY ITS SECRETRY5 THE DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER, COOPERATIVE ELECTION AUTHORITY, KALABURAGI-585103.
6. THE RETURNING OFFICER/ THE ASSISTANT COMMISSIONER THE GULBARGA BIDAR & YADGIRI MILK PRODUCERS COOPERATIVE SOCIETY UNION LIMITED KALABURAGI, GULBARGA DIARY, HUMNABAD ROAD, KALABURAGI-585104. 18
7. THE GULBARGA-BIDAR & YADGIRI MILK PRODUCERS COOPERATIVE SOCIETY UNION LIMITED, KALABURAGI, GULBARGA DIARY, HUMNABAD ROAD, KALABURAGI58510, REPRESENTED BY ITS MANAGING DIRECTOR8 GUDUR MILK PRODUCERS CO-OPERATIVE SOCIETY GUDUR, AFZALPUR TALUKA KALABURAGI DIST. BY ITS PRESIDENT SRI VISHWANATH SHIVASHARANAPPA PATIL, AGE:
54. YEARS, 9. DONGARGAON MILK PRODUCERS CO-OPERATIVE SOCIETY, DONGARGOAN, KALABURAGI BY ITS DIRECTOR SRI RAVINDRA KARABASAPPA PATIL S/O KARABASAPPA PATIL, AGE:
50. YEARS (AMENDED AS PER ORDER
DTD. 9.3.2020) ... RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3, R5 & R6; R4 SERVED; SRI AMRESH ROJA, ADV. FOR R7; SRI BHEEMARAYA M.N. ADV. FOR R8 & R9) THESE WRIT PETITIONS FILED UNDER ARTICLES226OF THE CONSTITUTION OF INDIA, PRAYING TO, DECLARE THAT, SEC.20 (2) (A-IV) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT1959IS ULTRA VIRUS AND LACKS LEGISLATIVE COMPETENCY IN VIEW OF ARTICLE243ZI243ZO OF CONSTITUTION OF INDIA UNDER ANNEXURE-G. THESE PETITIONS COMING ON FOR ORDER
S, THIS DAY, THE COURT MADE THE FOLLOWING:- 19 ORDER
In all these writ petitions, the challenge is to the acts of the official respondents, that were preparatory to the elections in question, which later came to be accomplished on 31.10.2018 i.e. after the filing of these writ petitions; in a few writ petitions, a challenge is also laid to the constitutional validity of Section 20 (2) (a-iv) of the Karnataka Co-operative Societies Act, 1959, whereby a provision is made for liquidating the right to vote, if the member concerned has failed to attend three general meetings of the society, out of the last five.
2. Learned Additional Government Advocate Sri Shivakumar Tengli, the Panel Counsel Sri Amresh Roja appearing for the contesting respondents and other advocates appearing for the impleading applicants too seek dismissal of the writ petitions on the ground of availability of alternate statutory remedy namely an Election Petition for challenging the elections in 20 question; learned AGA opposes the challenge to the validity of impugned section contending that such a provision was made by the State Legislature in its wisdom for ensuring the “presence and participation of the members” in the proceedings of co-operative societies; Sri Amresh Roja supporting the learned AGA contends that the amendment in question was brought about pursuant to recommendations of Justice Vaidyanathan Committee and therefore the Writ Court should show due deference to legislative decision of the kind.
3. I have heard learned counsel for the parties including those appearing for impleading applicants; I have perused the petition papers and adverted to the decisions cited at the Bar. 21 A) As to constitutional validity of section 20(2)(a-iv) of the Act a) Section 20 of the Act, provides for voting rights of members of a co-operative society; sub-section 1 restricts the number of votes that each member can cast, to one; sub-section 2 takes away the right to vote in certain circumstances; clause (a-iv) which is loaded to sub-section 2 of Section 20 vide Act No.3 of 2013 liquidates the voting right of a member, a representative or a delegate if he failed to attend three general meetings out of the last five; some of the petitioners are finding fault with this amendment arguing that the right to vote is a constitutional right and therefore it cannot be taken away by an ordinary legislation; this argument appears to be too farfetched, to say the least; b) The right to vote even in the case of elections to the Parliament and State Legislatures itself is held to be not a constitutional right and much less a 22 Fundamental Right; the Apex Court in the light of Representation of People Act, 1951 in Jyoti Basu vs. Debi Ghoshal [AIR1982SC983 at para-8 observed as under: “8. A right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a Common Law Right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election. Outside of statute, there is no right to elect, no right to be elected and no right to dispute an election. Statutory creations they are, and therefore, subject to statutory limitation. An election petition is not an action at Common Law, nor in equity. it is a statutory proceeding to which neither the common law nor the principles of equity apply but only those rules which the statute makes and applies….” When the right of a citizen to vote even in the Parliamentary or Assembly Elections is not a Fundamental Right, it is ununderstandable as to how 23 the right to vote in an ordinary co-operative society can partake the character of a Fundamental Right. After all a co-operative society is only a juristic person and not a constitutional creature unlike the Parliament and the State Legislatures; the contention that the affairs of Co-operative Societies should be carried on, on the democratic norms, is beside the point. c) The second contention of the petitioners that in view of constitutional amendment, the right to form a co-operative society has been enlisted in Part III of the Constitution of India and therefore it is a Fundamental Right, and consequently the right to vote in a co- operative society also takes the colour of Fundamental Right again is difficult to countenance; the right to form a co-operative society and the right to vote in such a society are poles asunder; by no stretch of imagination they can be equated with each other, without offending the common sense; the right to vote is not a jural 24 corelative of the right to form a co-operative society either; therefore this contention fails; the offshoot submission that the law intends democratic process in the administration of the affairs of the society and therefore such a right cannot be curtailed in any circumstance, is irrelevant and untenable; if law creates a right to vote, law can curtail if too, subject to all just exceptions, into which argued case of the petitioners does not fit. d) the third contention of the petitioners that the impugned provision is unjust, unwise or oppressive, and therefore offends Article 14 of the Constitution of India is bit difficult to sustain; how such a provision can be branded as ‘unjust’ or ‘oppressive’, is not substantiated; a provision of law does not become one such, because it is being so branded; the impugned provision has been enacted by the State Legislature in its accumulated wisdom, it’s competence not being in 25 challenge; this provision has been made for ensuring “member presence and member participation” in the meetings of the Co-operative Societies pursuant to the recommendation of Vaidyanathan Committee; thus, a lot of wisdom gained from experience has entered the legislative process; the object of the provision is apparent and appreciable; hopefully such a provision would minimize the casual absence of members in the meetings; e) the constitution Bench of Apex Court in Ramkrishna Dalmia vs Justice Tendulkar [AIR1958SC538 observed “there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles; c) that it must be presumed that the legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made 26 manifest by experience and that its discriminations are based on adequate grounds; e) that in order to sustain the presumption of constitutionality the Court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation;” learned Additional Government Advocate Sri Shivakumar Tengli is justified in contending that the petitioners have not placed any material to rebut such a presumption of validity of the impugned provision; f) the Apex Court in Dalmia (supra) stated that the Legislature understands and correctly appreciates the need of its people; that its laws are directed to problems made manifest by experience; Thomas M. Cooley in his ‘A TREATISE ON THE CONSTITUTIONAL LIMITATIONS; (First Edition 1868) 27 Indian Reprint 2005, Hindustan Law Book Company, Calcutta at page 168 stated: “The rule of law upon this subject appears to be, that, except where the Constitution has imposed limits upon the legislative power, it must be considered as practically absolute, whether it operate according to natural justice or not in any particular case. …… The remedy for unwise or oppressive legislation, within constitutional bounds, is by an appeal to the justice and patriotism of the representatives of the people. If this fail, the people in their sovereign capacity can correct the evil; but courts cannot assume their rights. The judiciary can only arrest the execution of a statute when it conflicts with the constitution. It cannot run a race of opinions upon points of right, reason, and expediency with the law- making power…..” The above proposition by the acclaimed American Jurist may be a bit broader qua our Constitutional Jurisprudence; but what he opines certainly throws 28 light on the subject matter of debate which the constitutional courts have to bear in mind. B) As to availability of alternate remedy: a) Learned counsel for the petitioners led by Sri Jairaj Bukka vehemently contend that the impugned steps preparatory to election which is later accomplished are repugnant to the scheme of Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 as amended from time to time; all they complain that there had been infraction of the mandatory procedure which the official respondents have not followed; they point out the procedure and stages which the Rule prescribes for the preparation of voters lists; admittedly there was no interim stay whereby the election process was interdicted by this Court; true it is, that the elections that were then in the offing were made subject to lis pendens; it is not in dispute that the elections were held on 31.10.2018; the same cannot be invalidated by this 29 Court when disputed facts are involved in the writ petition and a separate machinery is provided by the Act for the resolution of election disputes; attention is drawn to the provisions of provisions of IX of the Act, which provides for laying a challenge to the Election; there is no reason why this Court should bypass the statutory remedy which is more efficacious than the writ recourse; thus, petitioners can be relegated to the statutory remedy. b) Learned counsel Sri J.K.Bukka contends that a large chunk of members having been illegally removed from the voters list, the writ petition in such a circumstance should be treated as the right remedy; this contention is difficult to continence; no special circumstances are pointed out as to how the statutory remedy before the Joint Registrar of Co-operative Societies is not efficacious; his further contention that law prescribes a specific period of limitation without 30 providing for condonation of delay and the said period having expired there is no alternate remedy at all, does not merit acceptance; both the learned AGA and the Panel Counsel counter the said submission contending that the period spent in prosecuting these writ petitions is legally discountable in computing the period of limitation prescribed by law for presenting the elections petitions; there is force in this submission and therefore the grievance of the petitioners as to limitation & delay does not come to their aid; and, c) the last contention of all the advocates appearing for the petitioners that the Election Petition, to reach its culmination point, would take pretty long time and in the meanwhile the tenure itself may expire has some force; however, even this apprehension can be taken care of, by directing the jurisdictional JRCS i.e. the Election Tribunal to accomplish the trial & disposal 31 of the Election Petitions in a time bound way, subject to petitioners also co-operating. In the above circumstances, these writ petitions are disposed off with the following ORDER
i) The challenge to constitutional validity to Clause (a-iv) of sub-section 2 of section 20 of the Act, is negatived; ii) Liberty is reserved to the petitioners to present the Election Petitions before the jurisdictional authority for challenging the subject elections on all grounds that avail in law; iii) While computing the period of limitation for presenting the Election Petitions, the competent authority shall discount the 32 period spent by the petitioners in prosecuting these writ petitions; and iv) The competent authority shall try & dispose of the Election Petitions preferably within a period of six months from the date they are presented, of course excluding the adjournments availed from the side of Election petitioners; All contentions of the parties are kept open. Costs made easy. Sd/- JUDGE sdu