BENGALURU: The Karnataka High Court has ruled that the 97th amendment to the Karnataka Cooperative Societies Act, 1959, in the Constitution of India on the eligibility of members of cooperative institutions for voting should be effective after disposal of petitions challenging the amendment.
Justice PS Dinesh Kumar passed the order, dismissing a batch of petitions filed by Venkategowda from Mandya district and several others questioning Section 20(2)(a-iv) and (a-v) of the Act. The court, however, clarified that the prayer made by the petitioners merits consideration as pursuant to interim orders, members of the societies have participated in the elections and many have won.
If the acts of members are not saved, it will lead to a chaotic situation. It is just and appropriate to accept the prayer made by the petitioners. Amended provisions should be effective for elections to be held after the disposal of these petitions, the court added.
It noted that the Governor gave his assent to the Act in 2013, but it was not enforced till 2018. Thereafter, several writ petitions have been filed in the high court which has permitted the members to vote and participate in elections through interim orders.
According to the amendment, members should not have the right to vote if he or she or a representative or a delegate has failed to attend three general meetings of the cooperative institutions out of the last five. A member or a representative who has failed to utilise such minimum service or facilities in a cooperative year as may be specified in the by-laws for three consecutive cooperative years should also not be eligible for voting.
Allotment of quarters by KHB null and void: Court
Declaring the allotment and transfer of quarters to 10 private individuals by the Karnataka Housing Board (KHB) in Shivamogga, done without following due process of law, as null and void, the Karnataka High Court imposed a cost of Rs 1 lakh on the KHB, payable to the Karnataka State Legal Services Authority. A division bench directed Vinoda Bai and nine others from Hosanagara town in Shivamogga district, to hand over the vacant possession of quarters in question, and vacate the premises within 60 days. If they fail to do so, the KHB should evict them.