Disposed

Sri. Kumar M v. the State of Karnataka

Karnataka HC10 Oct 2023WP/20333/2023

Case brief

AI extract

What is this about?

Writ petitions challenged postponement of elections to a district central co-operative bank. The court found lapses by both the CEO (delayed notices to ineligible voters) and the Election Authority (failure to publish calendar of events). Without setting a precedent, it directed elections within 120 days and ordered that board members not be disqualified for the delay.

What did the court decide?

Directed Co-operative Election Authority to hold elections to the Society within 120 days; directed board members and CEO to cooperate; ordered that board members shall not be disqualified from contes

Sri. Kumar M Vs the State of Karnataka — Election Law | Karnataka HC (2023)

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO.20333 OF 2023 (CS-EL/M)

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C/W

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WRIT PETITION NO.20340 OF 2023 (CS-EL/M) WRIT PETITION NO.20353 OF 2023 (CS-EL/M) WRIT PETITION NO.20458 OF 2023 (CS-EL/M)

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WRIT PETITION NO.22296 OF 2023 (CS-EL/M)

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IN WP NO.20333 OF 2023:

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BETWEEN:

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SRI KUMAR M. S/O. MADAPPA AGED ABOUT 52 YEARS

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DIRECTOR

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MYSURU AND CHAMRAJNAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED MYSURU-570 001.

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…PETITIONER

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(BY SRI M.R. RAJAGOPAL, SENIOR COUNSEL FOR SRI SANDESH T.B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES VIKASA SOUDHA, BANGALORE-01 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC, 'A' BLOCK K.H. ROAD, SHANTHINAGAR BANGALORE-560 027 REPRESENTED BY ITS SECRETARY.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU-560 052.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DIVISION PUBLIC OFFICE BUILDING NEW SAYYAJI RAO ROAD MYSURU-570 024.

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THE DEPUTY COMMISSIONER/DISTRICT ELECTION OFFICER MYSURU DISTRICT, MYSURU-570 001.

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THE ASSISTANT COMMISSIONER/ RETURNING OFFICER MYSURU SUB DIVISION MYSURU DISTRICT MYSURU-570 005.

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MYSURU AND CHAMRAJANAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED MYSURU DISTRICT MYSURU-570 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI K. SHASHIKIRAN SHETTY, AG A/W. SRI SIDHARTH, AGA FOR R.1, R.3 TO R.6; SRI PROF. RAVIVERMA KUMAR, SENIOR ADVOCATE FOR SRI T.L. KIRAN KUMAR, ADVOCATE FOR R.2; SRI PRUTHVI WODEYAR, ADVOCATE FOR R.7.)

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3 - NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY SUITABLE WRIT OR DIRECTION AS THE CASE MAY BE TO QUASHING THE IMPUGNED PROCEEDINGS/ORDER BEARING NO.ELN(2)CR.30/2023-24 DATED 01.09.2023 PASSED BY THE RESPONDENT NO.5 AT ANNEXURE-NI.

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IN WP NO.20340 OF 2023:

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BETWEEN:

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MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD. NEHRU NAGAR, ASHOKA ROAD MYSORE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 REPRESENTED BY ITS AUTHORIZED DIRECTOR SRI B.N. SADANANDA, S/O. NANJUNDASWAMY AGED ABOUT 52 YEARS.

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SRI K.S. KUMAR S/O. LATE SIDDEGOWDA AGED ABOUT 52 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD. NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF TENKALLA KOPPALU MILK PRODUCERS CO-OPERATIVE SOCIETY, HUSSAINPURA POST HUNSUR TALUK, MYSORE-571 103.

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SRI Y.M. JAYARAMU S/O. MAHADEVANAYAKA AGED ABOUT 55 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, YELLANDUR AND YELLANDUR TALUK CHAMRAJNAGAR DISTRICT-571 441.

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SRI B.G. NAGENDRA KUMAR S/O B.V. GURUSWAMY AGED ABOUT 38 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD. NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, BANAHALLI, CHAMRAJNAGAR TALUK & DISTRICT-571 124.

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SRI M.P. SUNIL S/O. SULOCHANA AGED ABOUT 48 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD. NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY MUDUGURU, TEREKANAAMBI HOBLI GUNDLUPETE TALUK CHAMRAJNAGAR DISTRICT-571 123.

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SRI AMITH V. DEVARAHATTI S/O. H. VISHWANATH AGED ABOUT 46 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY GALIKERE, DODDAKOPLU, K.R. NAGAR TALUK MYSORE DISTRICT-571 602.

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SRI DR. M.B. MANJEGOWDA S/O. BOREGOWDA AGED ABOUT 56 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD. NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF NAIRUTTYA RAILWAY HOUSE BUILDING CO-OPERATIVE SOCIETY, NAIRUTTYA RAILWAY CENTRAL SHED CANTEEN BUILDING MYSORE SOUTH, MYSORE DISTRICT-570 008.

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SRI H. SUBBAIAH S/O. LATE HUCCHAIAH AGED ABOUT 75 YEARS DIRECTOR MYSORE AND CHAMRAJANAGAR DISTRICT CO-OPERATIVE BANK LTD. NEHRU NAGAR, ASHOKA ROAD MYSORE-570 001 AND ALSO DIRECTOR OF BODISATWA CREDIT CO-OPERATIVE SOCIETY SHARDA DEVI NAGAR MYSORE DISTRICT-570 022.

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…PETITIONERS

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(BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI A. MAHAMMED TAHIR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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M.S. BUILDING BANGALORE-560 001 REP. BY ITS SECRETARY.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1 ALI ASKAR ROAD BANGALORE-560 052.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION PUBLIC OFFICES BUILDING NEW SAYYAJI RAO ROAD

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MYSORE-570 024.

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC 'A' BLOCK SHANTHINAGAR BANGALORE-560 027 REPRESENTED BY ITS SECRETARY.

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THE DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER MYSORE SUB DIVISION, MYSORE-570 005.

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THE ASSISTANT COMMISSIONER/ RETURNING OFFICER

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MYSORE SUB DIVISION, MYSORE-570 005.

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…RESPONDENTS

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(BY SRI K. SHASHIKIRAN SHETTY, AG A/W. SRI SIDHARTH, AGA FOR R.1, R.3, R.5 & R.6; SRI PROF. RAVIVERMA KUMAR, SENIOR ADVOCATE FOR SRI T.L. KIRAN KUMAR, ADVOCATE FOR R.2.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED PROCEEDINGS/ORDER BEARING NO.ELN(2)CR.30/2023-24 DATED 01.09.2023 PASSED BY THE RESPONDENT NO.5 VIDE ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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IN WP NO.20353 OF 2023: BETWEEN:

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SRI H.B. SHIVARAJU S/O. BASAVEGOWDA AGED ABOUT 53 YEARS DIRECTOR MYSURU AND CHAMRAJNAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED MYSURU-570 001.

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…PETITIONER

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(BY SRI MANJUNATH K.V., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES VIKASA SOUDHA BANGALORE-01 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC, 'A' BLOCK K.H. ROAD, SHANTHINAGAR BANGALORE-560 027 REPRESENTED BY ITS SECRETARY.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.01, ALIASKER ROAD BENGALURU-560 052.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION PUBLIC OFFICE BUILDING NEW SAYYAJI RAO ROAD MYSURU-570 024.

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THE DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER MYSURU DISTRICT, MYSURU-570 001.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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THE ASSISTANT COMMISSIONER/ RETURNING OFFICER MYSURU SUB-DIVISION

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MYSURU DISTRICT, MYSURU-570 005.

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MYSURU AND CHAMRAJANAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED MYSURU DISTRICT MYSURU-570 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI K. SHASHIKIRAN SHETTY, AG A/W. SRI SIDHARTH, AGA FOR R.1, R.3 to R.6; SRI PROF. RAVIVERMA KUMAR, SENIOR ADVOCATE FOR SRI T.L. KIRAN KUMAR, ADVOCATE FOR R.2;

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SRI PRUTHVI WODEYAR, ADVOCATE FOR R.7.)

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IN WP NO.20458 OF 2023:

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BETWEEN:

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G.D. HARISH S/O. G.T. DEVEGOWDA AGED ABOUT 36 YEARS PRESIDENT MYSORE & CHAMARAJANAGARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NEHRU CIRCLE, ASHOK ROAD MYSORE-570 001.

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…PETITIONER

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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(BY SRI D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SRI SARAVANA S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY THE DEPARTMENT OF CO-OPERATION M.S. BUILDING BANGALORE-560 001 REP. BY ITS PRINCIPAL SECRETARY.

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CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP BANGALORE-560 027.

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THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER, MYSORE DISTRICT MYSORE-570 005.

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ASSISTANT COMMISSIONER MYSURU SUB-DIVISION & RETURNING OFFICER MYSORE AND CHAMARAJANAGARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD.

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MYSORE & CHAMARAJANAGARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NEHRU CIRCLE, ASHOK ROAD MYSORE-570 001. SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI K. SHASHIKIRAN SHETTY, AG A/W. SRI SIDHARTH, AGA FOR R.1, R.3, R.4; SRI PROF. RAVIVERMA KUMAR, SENIOR ADVOCATE FOR SRI T.L. KIRAN KUMAR, ADVOCATE FOR R.2; SRI PRUTHVI WODEYAR, ADVOCATE FOR R.5.)

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10 - NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-M PROCEEDINGS DATED 01.09.2023 IN NO.ELN[2]CR.30/23-24 ISSUED BY THE RESPONDENT NO.3 WITH DRAWING THE NOTIFICATION NO.ELN[2]CR.30/23-24 DATED 01.09.2023 CALENDAR OF EVENTS ISSUED AS PER ANNEXURE-L AND ETC.

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IN WP NO.22296 OF 2023:

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BETWEEN:

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SRI H.P. AMARNATH S/O. H.N. PREM KUMAR AGED ABOUT 52 YEARS DIRECTOR PRIMARY AGRICULTURAL CREIDT CO-OPERATIVE SOCIETY,

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CBT COLONY, HUNASURU-571 105.

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SRI P.S. SHIVANAND S/O. LATE A.B. SHIVAMURTHY AGED ABOUT 52 YEARS DIRECTOR TALUK CO-OPERATIVE AGRICUTURAL & RURAL DEVELOPMENT BANK LTD. PERIYAPATNA

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MYSORE DISTRICT-571 107.

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…PETITIONERS

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(BY SRI H. KHANTHARAJU, SENIOR COUNSEL FOR SRI RAJENDRA KUMAR SUNGAY T.P., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA BANGALORE-560 001 REP. BY ITS PRINCIPAL SECRETARY.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC 'A' BLOCK K.H. ROAD, SHANTHINAGAR BANGALORE-560 027 REP. BY ITS COMMISSIONER.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BANGALORE-560 052.

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THE DISTRICT CO-OPERATIVE ELECTION OFFICER CUM DEPUTY COMMISSIONER OFFICE OF DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE-570 005.

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THE ASST. COMMISSIONER CUM RETURNING OFFICER OFFICE OF ASST. COMMISSIONER MYSORE SUB DIVISION MYSORE-570 005.

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THE MYSORE & CHAMARAJANAGAR DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NEHRU CIRCLE, ASHOKA ROAD MYSURU-570 001 REP. BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI K. SHASHIKIRAN SHETTY, AG A/W. SRI SIDHARTH, AGA FOR R.1, R.3 TO R.5; SRI PROF. RAVIVERMA KUMAR, SENIOR ADVOCATE FOR SRI T.L. KIRAN KUMAR, ADVOCATE FOR R.2;

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SRI PRUTHVI WODEYAR, ADVOCATE FOR R.6.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5 TO FIX DATE FOR ELECTIONS TO THE BOARD OF MANAGEMENT OF RESPONDENT NO.6 BANK FOR THE YEAR 2023-2028 AFTER FOLLOWING THE PROCEDURE PRESCRIBED

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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UNDER RULE 13(D)(1) & (2) AND OTHER PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT AND RULES SCRUPULOUSLY IN A FAIR AND TRANSPARENT MANNER BY GIVING OPPORTUNITY TO THE PETITIONERS AND ALL THE ELIGIBLE MEMBERS TO PARTICIPATE IN THE PROCESS OF ELECTIONS OF THE RESPONDENT NO.6 BANK AND ETC.

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THESE PETITIONS COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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All the aforementioned writ petitions pertain to

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postponement of elections to the Board of Mysuru and Chamarajanagar District Central Co-operative Bank Limited (for short 'the Society').

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The elections to the Society were sought to be held on 04.11.2023. A notification under Rule 14(1) of the Karnataka Co-operative Societies Rules 1960 (for short 'the Rules') was issued on 01.09.2023 to this effect. However, on the same day the said notification was withdrawn and the elections were postponed indefinitely on the ground that the Chief Executive

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Officer of the Society has not prepared the required ineligible and eligible voters list and also has not co-operated with the

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election conducting authority to conduct the elections smoothly. Aggrieved by the same, W.P.Nos.20333/2023, 20340/2023, 20353/2023 and 20458/2023 have been filed.

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W.P.No.22296/2023 has been filed by one of the members of the Society with a prayer to conduct the elections after complying all the provisions of law.

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The petitioners who have challenged the action of Co-operative Election Authority in postponing the elections have contended that there is no lapse on their part as alleged and even if there is a lapse there has been a substantial compliance by them and that once the election has been declared it cannot be postponed. It is also contended that the Election Officer had no power to withdraw the election notification once issued.

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Per contra, the Co-operative Election Authority and the State together contend that there is an obligation on the part of the Society to issue notices to ineligible members and determine the draft list of eligible and ineligible members as

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per the time stipulated under the Act and the Rules made thereunder and submit the same to the Election Officer and they have to co-operate in smooth conduct of the election which they have failed to do so and because of which the Authority was forced to cancel the elections notified and postpone the same.

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It is further submitted that the Co-operative Election Authority is vested with the power of superintendence and conduct of election to Co-operative Societies and the power of cancellation is inherent in the Election Officer and that the Authority is a reservoir of power to do all the things necessary to conduct the election in a proper manner in exercise of its power of superintendence. For the said reason, it is prayed that the writ petitions be dismissed.

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Section 28-A(4) of the Karnataka Co-operative Societies Act (for short 'the Act') reads as under:

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"28-A. Management of co-operative societies vest in the board.-

(1)xxx

(2)xxx

(3)xxx

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(4) Subject to the provisions of sections 29-A and 39-A, the term of office of the members of the board shall save as otherwise five years from the date of election and they shall be deemed to have vacated office as such members of the board on the date of completion of the said term:

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Provided that if an election to the board of any co-operative society had already been held in accordance with the bye-laws of such society, prior to the commencement of the Karnataka Co-operative Societies (Amendment) Act 1997, the term of office of the board of such co-operative society shall be three years including the co-operative year in which such election was held.

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Explanation. xxx

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Provided further that the first general meeting of a society after registration shall be held within one month from the date of its registration to elect the first board to manage the affairs of the society and the term of office of such board shall also be five years from the date of election:

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Provided also that the first general meeting of the Co-operative Society or Societies formed after amalgamation or reorganization or division in accordance with section 14 shall be held within three months from the date of registration to elect the first board to manage the affairs of the Co-operative Society or Societies, and the term of office of such board shall also be five years from the date of election."

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Thus, the term of office of the members of the Society (Board) shall be for a period of five years and in the instant case, the

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present term of office of the members of the Society (Board) comes to an end on 21.11.2023. The elections to the Society needs to be conducted before the said period.

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As per the Act and the Rules made thereunder, the responsibility of conducting the elections is both on the Chief Executive Officer of the Society as well as the Election Authority. The role of the Chief Executive Officer becomes important in preparation of the electoral roll.

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Rule 13-D(2-A) of the Rules reads as under:

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"Rule 13-D: Preparation of Electoral Rolls and calendar of events.-

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(1) xxx

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(2) xxx

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(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.-

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(i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum services or facilities in a co-operative year as specified in the byelaws for three consecutive co-operative years.

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NC: 2023:KHC:36921 WP No.20333 of 2023 C/W WP No.20340 of 2023, WP No.20353 of 2023 WP No.20458 of 2023 & WP No.22296 of 2023

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(ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice.

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(iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer.

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(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy.

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(v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.

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(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election."

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Section 39-AA (clause 15) of the Act reads as under:

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" Section 39-AA: Co-operative Election Commission.-

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(1) TO (14)- xxx

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(15) The board of every cooperative society shall.-

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(a) inform the Co-operative Election Authority about the expiry of its term of office at least six months before the date of expiry of such term;

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(b) furnish such books records and information as the Authority may require as per the calendar prescribed by the Co-operative Election Authority; and

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(c) provide all necessary help, assistance and cooperation for the smooth preparation of electoral rolls for and the conduct of elections."

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A reading of the aforesaid provisions makes it clear that the Chief Executive Officer of every Co-operative Society is required to verify who are the ineligible members and he is required to send a notice to them mentioning the grounds on which they are being considered as ineligible to vote in the ensuing elections and the said notice has to be sent 15 days prior to six months to the date of election of the Society (Board) by registered post and an opportunity also has to be given to such member to file his objections, if any, within 15 days from the date of the said notice. Apart from sending of

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¶187

the said notice, the Chief Executive Officer before six months prior to the expiry of the term of the Board is required to intimate the Election Officer the date of expiry of the term of the Board of the Society and request for election to be held to such Society.

¶188

In the instant case, admittedly, the notice as contemplated under Rule 13-D(2-A)(ii) of the Rules has not been sent within the time stipulated and it had been sent as late as 03.08.2023. However, the Chief Executive Officer has informed the Election Officer about the expiry of the term of the Board as stipulated and the same has been informed on 04.05.2023.

¶189

Further, the Chief Executive Officer of the Society is required to intimate the alleged ineligible voter to whom the notice is sent that he can appear before the Election Officer between 30 to 60 days from the date of notice. This aspect has not been mentioned in the notice issued in the instant case.

¶190

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¶191

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¶192

After receipt of the letter from the Chief Executive Officer about the date on which the term of the Board comes to an end, a calendar of events as contemplated under Rule 13-D(2) of the Rules has to be issued by the Co-operative Election Authority.

¶193

Rule 13-D(2) of the Rules reads as under:

¶194

"13-D(2). The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-operative societies indicating the name and address of each society."

¶195

In the instant case, the said notice has not been issued by the Election Authority and it is a grave error on the part of the Election Authority in not doing so. The Election Authority

¶196

relies upon an order dated 16.09.2022 bearing No.¸ÀZÀÄ¥Áæ/DqÀ½vÀ/¥sÉ¸À¸ÀAZÀÄ£ÉÃ/17/2022-23 and contends the same to be a composite order issued under the provisions of Rule 13-BB and 13-D(2) of the Rules.

¶197

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¶199

Rule 13-BB of the Rules deals with appointment of an Election Officer and the notification that is required to be issued in this regard. The order referred to by the Election Authority is precisely that. A reading of the same reveals that an Election Officer is appointed to conduct elections to the Federal Societies in the entire State and the actions that he is required to carry out. Rule 13-D(2) requires publishing of calendar of events for the preparation of electoral rolls and the conduct of elections to the Boards of the Co-operative Societies indicating the name and address of each Society which is absent in the said order. Further, the subject mentioned in the said order itself reveals that it is only an order under Rule 13-BB and not Rule 13-D(2) as contended by the Election Authority.

¶200

Rule 13-D(2-A)(iii), (v) and (vi) of the Rules reads as under:

¶201

"13-D(2-A)(iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having

¶202

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¶204

sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer.

¶205

(iv) xxxxxxxxxxxxxxx

¶206

(v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.

¶207

(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election."

¶208

Rule 13-D(3), (4) and (5) of the Rules reads as under: "13-D(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.-

¶209

(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayments falls due, before the election date clear fifty days;

¶210

(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the cooperative societies on or before thirty clear days prior to the date of election;

¶211

(c) the scrutiny and verification of the voters list after payment by defaulters etc. clear twenty days before the date of election;

¶212

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

¶213

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¶215

(4) It shall be the duty of every society to furnish correct information required by the lection Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority.

¶216

(5) The chief executive of every cooperative society shall prepare(i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) the list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility member wise on the basis of entries in the updated membership register specifying,-

¶217

(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;

¶218

(b) the admission number, the name of the society, name of the delegate proposed to represent the society in the case of a member society,

¶219

and submit the said lists to the Election Officer along with the related books, records documents and any other information as the Election officer may require, at least sixty days before the date of election."

¶220

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¶222

18. Rule 14 of the Rules reads as under:

¶223

"14. Notification of General Election.- (1) The Election Officer shall with the approval of the CEC notify in Form XI the intended election referred to in Section 39-AA.

¶224

(2) The Election Officer shall in such notification specify.-

¶225

(i) the last date for making nominations which shall be the seventh clear day before the date of election;

¶226

(ii) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations;

¶227

(iii) the last date for the withdrawal of candidatures, which shall be the fifth clear day before the date of election;

¶228

(iv) the date on which the poll shall, if necessary, be taken and the hours between 9.00 a.m. to 4.00 p.m. during which the poll shall be taken; and

¶229

(v) the date before which the election shall be completed.

¶230

(3) (a) On the issue of the notification under sub-rule (1), the returning officer shall give a public notice of the intended election in Form XII by displaying it on the notice board in his office and in the office of the cooperative society and at such other places as he deems necessary, inviting nominations for such election.

¶231

(b) in the said notice, the returning officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, the last date for withdrawal of candidature, the

¶232

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¶233

date on which a poll shall, if necessary be taken and the hours between 9.00 a.m. to 4.00 p.m. of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the Election Officer under subrule (2)."

¶234

Thus, the Chief Executive Officer subsequent to issuance of the notice as contemplated under Rule 13-D(2-A)(ii) of the Rules is required to submit the list of ineligible voters to the Election Officer along with their objections and other records as contemplated under the Rules and the Election Officer has to hear and dispose of the objections filed by the ineligible voters, if any, within 60 days from the date of submission of objections from such voters and thereafter it becomes the responsibility of the Election Officer to prepare the list of eligible voters and finalise the electoral rolls. In the meanwhile, the Election Officer is also required to issue a notification under Rule 14(1) specifying the dates regarding the elections.

¶235

In the instant case, admittedly, the Chief Executive Officer of the Society has not issued notices to ineligible voters as required in law. The contention of the petitioners that the Society is not required to adhere to the time limit prescribed in

¶236

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¶238

the Rules cannot be accepted. Rule 13-D(2-A)(ii) of the Rules makes it mandatory for the Chief Executive Officer to issue notice 15 days prior to expiry of six months to the date of election to the alleged ineligible voters stating the reason thereto. This is because the ineligible voters, if aggrieved, can submit their objections and they also can be heard. The proposition that electoral roll once submitted to the Election Officer by Chief Executive Officer, even if there is any lapse in the same is not a ground for postponing elections does not hold good in respect of the Co-operative Societies because in elections to State Legislature or Parliament or local bodies the responsibility of preparing electoral roll is solely on the Election Conducting Authority or Election Commission as the case may be. However, in the instant case, there is a responsibility on the part of the Chief Executive Officer of the Society as stipulated in the Act and the Rules in facilitating the preparation of electoral rolls. Under the given facts and circumstances of the case, admittedly, there has been a delay on part of the Chief Executive Officer of the Society in sending notices to the

¶239

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¶241

alleged ineligible members. This has resulted in not giving sufficient time to them to file their objections and appear before the Election Officer to redress their grievances, if any. Under the circumstances, it becomes difficult for the Election Officer to publish the eligible voter list and this can definitely be a ground for postponing the elections.

¶242

The Election Officer based upon the information provided by the Chief Executive Officer has issued the notification under Rule 14(1) of the Rules in Form No.11. It is not the calendar of events which is required to be issued by the Returning Officer at least 15 days prior to the date of elections as per Rule 13-E of the Rules. The Election Officer after issuance of the notification under Rule 14(1), upon realisation that eligible and ineligible voters have not yet been determined, has withdrawn the same and postponed the elections. I do not see any error in the same.

¶243

However, as mentioned above, the Chief Executive Officer of the Society has erred in not issuing the notice to the alleged ineligible voters within time as contemplated under Rule 13-

¶244

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¶245

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¶246

D(2-A)(ii) and the Co-operative Election Authority has failed to publish calendar of events for the preparation of electoral rolls and the conduct of elections of the Board of the Society as contemplated under Rule 13-D(2). The said acts has resulted in confusion and postponement of elections to the Society.

¶247

It is needless to state that whatever may be the mistakes that have happened, in the interest of the Society as well as keeping in view the spirit of the Karnataka Co-operative Societies Act and the co-operative movement it is advisable that an elected body is constituted at the earliest and powers of governing of the Society are vested with the elected body rather than an Administrator appointed by the State.

¶248

The learned Advocate General appearing for the State and learned Senior Counsel Professor Ravi Verma Kumar appearing for the Co-operative Election Authority fairly submitted that election to the Society was sought to be cancelled because the electoral roll could not be finalized and that election would be conducted to the Society within a period of 120 days from today. The learned Advocate General further submitted that

¶249

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¶251

the State has no intention of penalizing the office bearers of the Society by disqualifying them.

¶252

Thus, under the peculiar facts and circumstances of the case, without making this as a precedent, it would be appropriate to permit the Co-operative Election Authority to conduct elections to the Society within a period of 120 days from today with a direction that they shall not take steps to have the office bearers of the Board of Society disqualified from contesting future election on the ground that there was postponement of elections due to the mistake of the Chief Executive Officer.

¶253

Hence the following:

¶254

ORDER

¶255

(i) The Co-operative Election Authority shall hold elections to Mysuru and Chamarajanagar District Central Co-operative Bank Limited within a period of 120 days from today;

¶256

(ii) The office bearers of the Board of Mysuru and Chamarajanagar District Central Co-operative Bank

¶257

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Limited including the Chief Executive Officer shall co-operate for smooth conduct of elections with the Co-operative Election Authority;

¶259

(iii) The Board members of the Mysuru and Chamarajanagar District Central Co-operative Bank Limited shall not be disqualified from contesting future elections to the said Board on the ground that there was a delay in conduct of elections to the Mysuru and Chamarajanagar District Central Co-operative Bank Limited;

¶260

(iv) The writ petitions stand disposed of accordingly;

¶261

(v) All pending I.As. shall stand dismissed.

¶262

SD/JUDGE

¶263

hkh.

Sri. Kumar M v. the State of Karnataka

Case brief

What is this about?

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Sri. Kumar M v. the State of Karnataka

Case brief

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