NAUSHAD AMIR ALI BILGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions have been filed challenging the validity of Section 20(2)(a-iv) and (a-v) of Karnataka Co- operative Societies Act , 1959 ('Act' for short) as ultra vires being violative of Articles 223 ZI and 223 ZO of the Constitution of India inter alia seeking a writ of mandamus, directing the respondents to conduct the election to the respondent-Society without reference to Section 20(2) (a-iv) and (a-v) of the Act.

(2.) This Court vide interim order permitted the petitioners to cast their votes without reference to Section 20(2) (a-iv) and (a-v) of the Act, if they are otherwise eligible, subject to the result of the writ petitions.

(3.) Learned counsel for the petitioners would submit that the petitioners had exercised their franchise in the election held by the Managing Committee of the respondent-Society pursuant to the interim directions of this Court. The petitioners are not pressing the prayer inasmuch as the challenge made to the constitutional validity of Section 20(2) (a-iv) (a-v) of the Act. In the circumstances, the respondent-Society could not have applied the provisions of Section 20(2) (a-iv) and (a-v) of the Act to the petitioners in deleting their names from the eligible voters list. Learned counsel referred to Rule 14-AJ of the Karnataka Co-operative Societies Rules, 1960 (for short "Rules") to contend that denial of voting rights to the petitioners is violative of principles of natural justice. Reliance is placed on the decision of the cognate Bench of this Court in W.P.Nos.115105/2020 & 117075- 117089/2020 (D.D. 26.02.2020) in support of his contention.