IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.13123-13129/2019(CS-EL\M) BETWEEN 1. SRI N MANJUNATH AGED ABOUT 39 YEARS S/O NAGARAJU NO.3433, 5TH MAIN ROAD BACKSIDE OF WESLEY ROAD TILAKNAGAR MYSORE 570 012 2. SRI. S. CHANDRASHEKAR AGED ABOUT 54 YEARS S/O LATE A.SHIVANANJAPPA NO.1029, 3RD CROSS, ITTIGEGODU, MYSORE 570 026 3. SMT. MEENAKSHI AGED ABOUT 42 YEARS W/O R.SUNANDA KUMAR NO.2444, 6TH CROSS, KAILASAPURAM, MYSORE 570 001 4. SRI. U.S. RAMESH AGED ABOUT 55 YEARS S/O LATE U. SRIKANTARAO, NO.745, B.L. STREET, DEVARAJ MOHALLA, MYSORE 570 003 5. SRI. CHUDACHANDRA RAJE URS AGED ABOUT 55 YEARS S/O B. GOPALA RAJE URS NO.1498/5, K RAMAIAH ROAD, KRISHNAMURTHIPURAM, CHAMARAJ MOHALLA, MYSORE 570 015 6. SRI. H.S. RAMAMURTHY AGED ABOUT 74 YEARS, S/O LATE H.L. SHESHAPPA DOOR NO.1325, SRIKANTESHWARA NILAYA, CORPORATION BANK ROAD, SHARADADEVI NAGAR, MYSORE 570 026 7. SRI. ABDUL MAJEED AGED ABOUT 75 YEARS S/O LATE ABDUL REHMAN MIG-18M, 3RD STAGE HUDCO LAYOUT BANNIMANTAPA MYSORE 570 013 ... PETITIONERS (BY SRI T.P.RAJENDRA KUMAR SUNGAY FOR SMT KUMARI M, ADVOCATES) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE 560001 BY ITS PRINCIPAL SECRETARY 2. THE ELECTION OFFICER CUM JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE REGION, PUBLIC OFFICE BUILDING, NEW SAYYAJI RAO ROAD, MYSORE 570024.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE REGION, PUBLIC OFFICE BUILDING NEW SAYYAJI RAO ROAD, MYSORE - 570 024.
4. THE CO-OPERATIVE ELECTION AUTHORITY III FLOOR, SHANTHINAGAR TTMC "A" BLOCK, SHANTHINAGARA, BANGALORE- 560027, REP. BY ITS SECRETARY.
5. MYSORE AND CHAMARAJANAGAR DISTRICT CENTRAL CO-OPERATIVE WHOLESALE STORES LTD., NEW SANTHEPETE BAMBOO BAZAAR MYSORE 570021 REP. BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI A.K.VASANTH, AGA FOR R1 TO R3, SRI KESHAVA REDDY, ADVOCATE FOR R4 SRI A.NAGARAJAPPA, ADVOCATE FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 4 TO CONTINUE WITH THE PROCESS OF ELECTION TO THE MANAGING COMMITTE OF THE 5TH RESPONDENT SOCIETY BY ISSUING CALENDER OF EVENTS FORTHWITH AND HOLD ELECTIONS ON 31.3.2019 / ON ANY OTHER DATE BEFORE 20.4.2019 AND COMPLETE THE ELECTION PROCESS BY CONSIDERING THE REPRESENTATIONS DTD:13.3.2019, 14.3.2019, 15.3.2019 16.3.2019 & 19.3.2019 VIDE ANNEXURE-Q TO Q4 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are said to be Managing Committee members of 5th respondent - Mysore and Chamarajanagar District Central Co-operative Wholesale Stores Ltd.
2. Admittedly, the election to new office bearers/ Managing Committee of 5th respondent - society for the period 2019-2013 is due to be completed on or before 20.4.2019. It is stated that calendar of events for said election is already issued by notification dated 14.1.2019 by the 2nd respondent -Election Officer-cum-Joint Registrar of Cooperative Societies represented by the learned Government Advocate.
3. The grievance of the petitioners is that one of the members of the society is hell-bent upon stalling election to the 5th respondent - society to ensure that election to the 5th respondent - society is conducted under the aegis of Administrator, instead of the same being conducted under the management of present Managing Committee, which is presently holding the office till 20.4.2019.
4. In the meanwhile, learned Counsel Sri.Sandesh who is not appearing for anybody is trying to stall this proceedings on the ground that his client is a necessary party to this proceedings, hence by allowing the application that would be filed by him his client may be permitted to come on record, admittedly which is not filed till today. Similarly, learned Counsel Sri.Keshava Reddy appearing for 4th respondent – Election Authority would submit that as there are several lacunas in the documents which are already produced by the present Managing Committee, the election of new office bearers to 5th respondent – society should be stalled, which is supported by the learned Additional Government Advocate.
5. At this juncture, learned counsel for the petitioners would submit that all this impediments are at the instance of the sitting District in-charge Minister, who is trying to project his son to be one of the candidates for election of new office bearers to 5th respondent – society though he is not eligible to contest for the same, aforesaid serious allegation by the learned counsel for the petitioner is supported by learned counsel appearing for the 5th respondent - society.
6. In any event, learned Counsel Sri.Keshava Reddy appearing for 4th respondent fairly admitted that neither he has a say in postponing the election nor preponing the same and in the event of an order being passed by this Court directing the election to be conducted on the basis of notification which is already issued, the same cannot be subjected to challenge by him.
7. In this background, this Court is of the considered opinion that, if the calendar of events is already published, the 4th respondent - Election Authority to proceed with the same and conduct the election as required and if there is any error in the manner in which it is conducted, the same shall be subject matter of the proceedings to be initiated by the aggrieved party before the competent authority.
With such liberties to the parties, these writ petitions are disposed of.
Sd/- JUDGE nd/-