Karnataka High Court Directs Implementation Of Common Portal For Co-Operative Societies To Upload Compliances
The Karnataka High Court passed such a direction after taking note of the lack of a particular system to verify whether the compliances under the Co-operative Societies Rules and Act have been carried out
Justice Suraj Govindaraj, Karnataka High Court
Taking note of the lack of a particular system to verify whether the compliances and activities as required under the Karnataka Co-operative Societies Rules, 1960 (Rules) and Karnataka Co-operative Societies Act 1959, have been carried out, the Karnataka High Court has asked for implementation of an Information Technology System to verify and facilitate the compliance with all the requirements.
The Writ Petition before the High Court was filed under Articles 226 and 227 of the Constitution for the issuance of a writ, order or direction in the nature of certiorari by setting aside the voters list dates January 21, 2025 and to permit the petitioners to cast their vote and also to contest in the elections for the term 2025 to 2030.
The Single Bench of Justice Suraj Govindaraj held, “Towards this end, it will be required for a common portal to be established by the Principal Secretary Co-operative Department and/or the Registrar Co-operative Societies wherein all the Co-operative Societies registered in the State of Karnataka can upload all compliances, make necessary entry as regard the compliances required to be made by such Co-operative Society.”
Advocate Krishna Gowda B. represented the Petitioners, while AGA Yogesh D. Naik represented the Respondent.
Arguments
It was the case of the Petitioners that they were declared ineligible without following the requirements of Clause (ii) of Sub-Rule 2A of Rule 13D of the Karnataka Co-operative Societies Rules, 1960 (Rules) inasmuch as no notice six months prior to the date of election had been served on the petitioners by registered post and no opportunity was given to them to file their objection.
Reasoning
The Bench noticed that the respondents claimed that notice was issued on January 23, 2025. The Bench explained that as per Clause (ii) of Sub-rule (2A) of Rules 13D, the Chief Executive of every Co-operative Society is to send a notice to all ineligible member 15 days prior to six months to the date of the election of the Board by the registered post providing an opportunity to be given to such members to file.
According to the Bench, the election, being held on February 9, 2025, even if the notice were to be issued on January 23, the same would not qualify the requirement of Clause (ii) of Sub-Rule 2A of Rule 13D of the Rules. “The same not having been issued within 6 months prior to the date of the election. In that view of the matter, I am of the considered opinion that the declaration and/or holding the petitioners as ineligible is not sustainable in view of the contravention of Clause (ii) of Sub-Rule 2A of Rule 13D of the Rules”, it said.
Allowing the Writ Petition, the Bench quashed the notice in question and set aside the declaration by the Respondent Society terming the petitioners as ineligible voters. “The petitioners having already cast their vote, the respondents are directed to count the said votes and declare the results of the election…”, it added. The Court also ordered necessary action to be taken against the Chief Executive Officer for not having complied with the mandatory requirements of Clause (ii) of Sub-Rule 2A of Rule 13D of the Rules.
The Bench further noticed that there are several matters wherein it has been alleged that a member of the Co-operative Society has been declared ineligible to vote in an election to be held by the Society for electing the Directors. In almost all of those matters, the contentions are that the requirements of Rule 13D of the Karnataka Cooperative Societies Rules, 1960 have not been followed.
The Bench thus stated, “The Act having been come into force in the year 1959, the Rules having come into force thereafter, I am of the considered opinion that it is high time for the Principal Secretary Cooperative Department, the Registrar Cooperative Societies and the Principal Secretary e-Governance Department to implement an Information Technology System to verify and facilitate the compliance with all the requirement of the Act and the Rules.”
The Bench ordered that a Portal be designed in such a manner as to gather and collate all the data required under the Co-operative Societies Act and the Rules so that even if the society is not represented, the Registrar of Co-operative Societies can by accessing the portal instruct the Government advocate appearing for the Registrar to make submissions in relation to the compliances.
The Court also asked the Principal Secretary Co-operative Societies and the Registrar of Co-operative Societies to come up with a more feasible methodology of serving notices on all the necessary members, by making use of Information Technology like e-mail, Short Messaging Services (SMS), WhatsApp, etc. Since most of the notices as regards companies are now being permitted to be served by such modes. “A detailed project report as regard the above to be filed within four weeks from today”, it concluded.
Cause Title: Sri M R Rukmangadha & Ors. v. The State Of Karnataka (Neutral Citation: 2025:KHC:9908)
Appearance:
Petitioner: Sri. Krishna Gowda B., Advocate
Respondent: AGA Yogesh D. Naik