Playing cards for entertainment and recreation
without an element of betting and gambling does not involve moral turpitude,
the Supreme Court has said as it restored the election of a man in a
cooperative society in Karnataka.
A bench of Justices Surya Kant and N Kotiswar Singh
noted that one Hanumantharayappa YC, who was elected to the board of directors
of Government Porcelain Factory Employees Housing Co-operative Society Ltd, was
allegedly fined Rs 200 without any trial when some persons, including him were
caught playing cards sitting on a roadside.
"In the very nature of things, we find it
difficult that the misconduct attributed to the appellant involves moral
turpitude. It is well known that the expression moral turpitude is used in
legal as well as societal parlance to describe a conduct, which is inherently
base, vile, deprave or having some connection showing depravity. Every action
against which one can raise an eyebrow may not necessarily involve moral
turpitude," the bench said.
Noting that Hanumantharayappa was not a habitual
gambler, the bench said, "There are so many forms of playing cards. It is
difficult to accept that every form of such playing would involve moral
turpitude, especially when it is played as a mode of entertainment and
recreation. In fact, in most parts of our country, playing simpliciter cards,
without an element of gambling or betting is accepted as a poor man's source of
entertainment." The top court said that Hanumantharayappa was
elected to the Board of Directors of the cooperative society with the highest
votes and the consequential punishment of setting aside his election is highly
disproportionate to the nature of misconduct said to have been committed by him.
"For the reasons aforesaid, we are satisfied
that the impugned action taken against the appellant cannot be sustained. The
appeal is consequently allowed," the bench said in its May 14 order.
It set aside the Karnataka High Court's judgement
upholding the decision to remove Hanumantharayappa from the post of the
directors in the cooperative society.
"The judgement of the high court as well as the
orders passed by the authorities under the Karnataka Cooperative Societies Act,
1959 are set aside and the election of the appellant to the Board of Directors
of the Government Porcelain Factory Employees Housing Co-operative Society Ltd.
(respondent No.3) is restored till he completes his prescribed tenure,"
the top court said.
At the outset, the top court noted that Hanumantharayappa
was elected to the Board of Directors of the Society by securing the highest
votes and his election was held on February 12, 2020.
Sri Ranganath B, who lost the election, raised an
election dispute before the joint registrar of cooperative societies, inter
alia, alleging that the appellant was convicted in a criminal case for the
offence punishable under Section 87 of the Karnataka Police Act, 1963 allegedly
for gambling.
Hanumantharayappa was held guilty of an offence
involving moral turpitude and his election was set aside in view of Section
17(1) of the Karnataka Cooperative Societies Act, 1959.
The high court also upheld the decision of setting
aside his election after which Hanumantharayappa approached the top court.