IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.8020/2019(CS-EL/M) BETWEEN MRS. RAMANI S KUNDER AGED ABOUT 48 YEARS W/O MRS. SHEENA KUNDER MATTU DAM, KATPADY - MATTU POST, KAUP TALUK, UDUPI DISTRICT-574 105 ... PETITIONER (BY SRI DR.S.ARUMUGHAM, ADVOCATE) AND 1. THE DEPARTMENT OF CO-OPERATIVE SOCIETIES REPRESENTED BY ITS SECRETARY, MULTISTORIED BUILDING, BANGALORE-560 001.
2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT CO-OPERATIVE ELECTION OFFICER, CO-OPERATIVE ELECTION AUTHORITY, ‘RAJATADRI’, ‘A’ BLOCK, 1ST FLOOR, DISTRICT ADMINISTRATIVE OFFICES COMPLEX, MANIPAL, UDUPI-576 104 3. THE ELECTION RETURNING OFFICER MATTU MILK PRODUCERS WOMEN’S CO-OPERATIVE SOCIETY (LTD) MATTU AND THE SECOND DIVISION ASSISTANT PUBLIC INSTRUCTION DEPARTMENT UDUPI-576 104 4. THE MATTU MILK PRODUCERS WOMEN’S CO-OPERATIVE SOCIETY REPRESENTED BY ITS SECRETARY MATTU POST, KAUP TALUK, UDUPI DISTRICT-575 105 ... RESPONDENTS (BY SRI A.K.VASANTH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE OF THE 3RD RESPONDENT DATED 7.2.2019 AT ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is a member of 4th respondent – Mattu Milk Producers Women’s Co-operative Society situated at Mattu Village, Katpady (Kapu) Taluk, Udupi District.
2. It is stated that election to the post of President and Vice President of 4th respondent - society for the period from 2019-2024 is due. In that behalf, 2nd respondent – the Deputy Registrar of Cooperative Societies and District Cooperative Election Officer has appointed one Sanjay S as Election Returning Officer, who is a Second Division Clerk in the office of Public Instructions Department, which is admittedly a department connected to Education Port Folio. In fact, there is nothing on record to show that said person is trained in the procedure of conducting election. However, he is appointed as the Returning Officer, who is 3rd respondent herein. It is seen that he has published the calendar of events on 23.1.2019 fixing the date of election to the post of President and Vice President of 4th respondent – society as 3.2.2019 at 1.00 pm, which is at Annexure-A. It is stated that the said election was not conducted on that day for want of quorum. Hence, subsequently the 3rd respondent has sent another notice on 7.2.2019, vide Annexure-G, indicating that the election will be held on 15.2.2019 at 11.30 a.m.
3. According to the learned counsel for the petitioner, the said notice dated 7.2.2019 is received by the petitioner on 9.2.2019 and from that day clear 7 days notice is not available, therefore, the election cannot be held on 15.2.2019. Besides that, it is also contended by the learned counsel that the 3rd respondent is not competent to conduct the election, in as much as he is not an ‘Officer’ as contemplated under Rule 2(i-1) and Rule 2(i-2) of the Karnataka Cooperative Societies Rules, 1960, where ‘District Election Officer’ and ‘Returning Officer’ are defined as under:
2. Definitions (i-1) ‘District Election Officer’ means an officer appointed by the Cooperative Election Commission as the district election officer for the district;
(i-2) ‘Returning Officer’ means any officer of the State Government or a Local Authority appointed as returning officer by the Cooperative Election Commission and includes an Assistant returning officer performing any of the functions of the returning officer.
Therefore, it is contended that the Returning Officer in the instant case being a Second Division Clerk in Public Instructions Department, he cannot be construed as an ‘Officer’ as contemplated under the Rules, referred to supra, hence, his appointment as Election Returning Officer itself is erroneous as it is contrary to the said Rules and, the same is required to be set aside.
4. On giving careful consideration to the submissions made by the learned counsel for the petitioner and on going through the relevant provisions, referred to above, as well as Annexures - A and G, it is clearly seen that the person who is appointed as Election Returning Officer in the instant case is not conversant with the provisions which govern conducting of election to the societies in as much as the notice which is issued by him at Annexure-A in declaring the calendar of events for election of the President and Vice President of the 4th respondent – society would refer to the same being given under Rule 14(a)(g) of the Karnataka Cooperative Societies Rules, 1959, when the year of the Rules should be referred to as 1960. When he is ignorant of these elementary things, it cannot be expected of him in conducting the election in true and fair manner.
5. In that view of the matter, this writ petition is allowed. The calendar of events dated 23.1.2019, at Annexure-A and the meeting notice dated 7.2.2019, at Annexure-G are quashed. While doing so, the appointment of Sri.Sanjay S, 3rd respondent herein as Election Returning Officer of 4th respondent – society is also quashed with a direction to the 2nd respondent to comply with the provisions of Rule 2(i-2) of the Karnataka Cooperative Societies Rules, 1960 in appointing an appropriate Officer for conducting the election to the Post of President and Vice President of 4th respondent - society. Until such time the election to 4th respondent society is conducted, the 2nd respondent shall appoint an Administrator to the said society.
Sd/- JUDGE nd/-