Synopsis

This judgment by the Karnataka High Court addresses a dispute arising from elections to a Primary Co-operative Society. Ten directors were elected against a sanctioned strength of thirteen, as no candidates contested three reserved seats. The Returning Officer adjourned and subsequently abandoned the first two meetings convened for electing office-bearers (President, Vice-President) on the ground that only six directors were present, which he held fell short of the requisite quorum. The petitioners, six of the elected directors, challenged this action, arguing that the quorum should be calculated based on the number of actually elected directors (ten), making the required quorum six, which was satisfied. The court rejected this contention, holding that the quorum must be computed based on the sanctioned strength of the Board as specified in the bye-laws (thirteen), making the quorum seven. While dismissing the specific reliefs sought, the court issued directions to the authorities to resolve the administrative deadlock by taking steps to fill the vacant reserved seats or appoint an administrator.

1. Heading for the judgment

Citation: Doddegowda & Ors. v. The State of Karnataka & Ors., W.P. No. 5720 of 2024, decided on 18.03.2026 (Karnataka High Court)
Coram: Hon'ble Mr. Justice Suraj Govindaraj (Single Judge)
Core Law: Karnataka Co-operative Societies Act, 1959; Karnataka Co-operative Societies Rules, 1960.

Karnataka High Court holds that quorum for Board meeting of co-operative society is to be computed on sanctioned strength, not on number of elected directors; issues directions to resolve deadlock arising from unfilled reserved seats.

2. Legal framework

This judgment provides a definitive interpretation of the provisions governing the constitution of the Board and the conduct of its meetings under the Co-operative Societies law.

• Karnataka Co-operative Societies Act, 1959 (the Act):
  Section 2b: Defines "Board" as the governing body to which the management of the society is entrusted.
  Section 2(e-2-1): Defines "Director" as a member of the board duly elected, nominated, or co-opted.
  Section 28-A: Deals with the management vesting in the Board, its composition, and tenure. Sub-section (2) prescribes the minimum and maximum nu

... Upgrade to a Premium Plan to view the full judgment.