NEW DELHI, APRIL 11— Disagreeing with a previous high court verdict, the Supreme Court has upheld the validity of eligibility criteria set by co-operative societies for their internal elections. The bench asserted that such bye-laws do not amount to illegal disqualifications but are legitimate standards for institutional governance.
The case reached the apex court after several chairpersons of district milk unions challenged a 2022 Rajasthan High Court division bench ruling. The High Court had originally suggested that the restrictive bye-laws were unfair. However, the Supreme Court maintained that co-operative societies generally do not fall under the definition of “State” as per Article 12 of the Constitution. Therefore, their internal election disputes do not ordinarily require judicial interference.
“It is well settled that neither the right to vote nor the right to contest an election is a fundamental right,” the court affirmed during the proceedings. The bench noted that because these are statutory rights, they are subject to the limitations and conditions defined by the legislature.
The court further explained that the legislative framework, rather than the Constitution, remains the source of electoral authority. Laws like the Rajasthan Co-operative Societies Act, 2001, allow for the creation of specific standards that candidates must meet. The Justices declared that the challenged bye-laws merely laid down eligibility criteria and were consistent with the law, reinforcing the principle that statutory rights are defined by the extent of the law providing them.
