IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR WRIT PETITION NO.12786/2018 (CS-EL/M) BETWEEN:
1. SRI. SUBBANNA, S/O GOVINDAPPA, AGED ABOUT 65 YEARS, GUNTIGANAHALLI VILLAGE, KANGAMAKALAPALLI PANCHAYAT, YELLAMPALLI POST, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT -561 2017.
2. SRI. C. NARAYANASWAMY, S/O CHOWDAPPA, AGED ABOUT 40 YEARS GUNTIGANAHALLI VILLAGE, KANAGAMAKALAPALLI PANCHAYAT, YELLAMPALLI POST, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT – 561 207.
... PETITIONERS (BY SRI A.C.CHETHAN, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, CO-OPERATION DEPARTMENT, BENGALURU – 560 001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU – 560 052.
3. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER FOR COOPERATIVE SOCIETIES, CHIKKABALLAPUR – 562 101.
4. THE COOPERATIVE DEVELOPMENT OFFICER AND RETURNING OFFICER FOR THE ELECTION TO THE MILK PRODUCERS COOPERATIVE SOCIETY LTD, GUNTIGANAHALLI, BAGEPALLI TALUK, CHIKKABALLAPUR – DISTRICT – 561 201.
5. THE COOPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027. ... RESPONDENTS (BY SRI H.C. KAVITHA, HCGP. FOR R-1 TO 4, SRI M. KESHAVA REDDY, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 AND OTHER RESPONDENTS TO DECLARE THE PETITIONERS ELECTED TO THE POST OF PRESIDENT AND VICE PRESIDENT RESPECTIVELY IN THE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GUNTIGANAHALLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT FORTHWITH.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners contested for the post of President and Vice President respectively for Milk Producers Co- operative Society Limited, Guntiganahalli Village, Bagapalli Taluk, Chikkaballapur District. Calendar of events was issued as per Annexure-A.
2. Learned advocate for petitioners submitted that petitioners were the only candidates for the posts of President and Vice President. As per Rule 14-AG (12) of the Karnataka Co-operative Societies Rules, 1960 (for short, referred to as ‘Rules’), the Returning Officer is duty bound to declare the names of successful candidates forthwith. Though calendar of events shows that counting was to be done on 04.02.2018, as on date declaration has not been made.
3. Learned Additional Government Advocate submits that as per Rule 14-AG(6) of the Rules, minimum quorum of 50% + 1 was required. In this Society, total number of Directors are thirteen. Therefore, minimum quorum is seven. On the date of meeting, only six persons were present. Therefore, the Returning Officer has not declared petitioners as successful candidates.
4. I have considered the rival submissions and perused the records.
5. It is not in dispute that petitioners are the only candidates who had filed their nominations for the posts of President and Vice President respectively. Therefore, question of quorum would come for consideration only if there is any contest. In the instant case, there is no contest. Therefore, the Returning Officer has to declare the result after completion of process of election.
6. Hence, the Returning Officer is directed to declare the results of election to the post of President and Vice President of the Milk Producers Co-operative Society Limited, Guntiganahalli, Bagepalli Taluk, within an outer limit of 30 days from the date of receipt of a copy of this order. Writ Petition is accordingly disposed of.
No costs.
Sd/- JUDGE PKS