I am resident of Gulbarga in Karnataka state; I need some clarification, which are given below;
1) Whether the election disputes pertain to the Cooperative Societies coming under the ambit of Sec.70 of Karnataka cooperative Societies Act 1959 in view of the amendments effected during the year 2013, 2014 and 2015.
2) Before 2013 amendment to the Karnataka Cooperative Societies Act 1959, U/Sec.70, there was a clear provision in Clause-2(c) with regard to the election disputes of the members of the board, election of President, Vice President, Chairman, Vice Chairman or any other office bearer, but this provision has been deleted in the 2013 amendment and following provision has been inserted;
“Sec.70(4) All disputes related to the election of the members of the board and the election of President, Vice President, Chairman, Vice Chairman or any other office-bearer shall be filed in the jurisdictional civil court”.
3) Subsequently, in the year 2014, again Karnataka Cooperative Societies Act 1959 has been amended and said provision has been deleted from the statute and that the provision existed with regard to the election disputes before 2013 amendment has not been restored in the amended provision of 2014.
4) At present Sec.70 of Karnataka Cooperative Societies Act is silent with regard to the election disputes of Cooperative Societies, in view of the same, I request you to kindly clarify whether the election disputes can be entertained by the departmental officers or not or else, where the election disputes are to be filed
I C Naik
Originally the following in Section 70 of KCS Act 1959
“(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society “was intended to cover a dispute pertaining to the election of the board and election of the office-bearers.
Combine effect of the amendments in 2013 and 2014 to Sub-Section 1 and 4 have restored the powers of the Registrar to adjudicate disputes concerning elections also.