IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION No.54356/2018 (CS – EL/M) BETWEEN :
SRI. S. K. ANJANEIAH, S/O LATE GOSANNANA KARIYAPPA, AGED ABOUT 59 YEARS, PRESENTLY R/AT NO.12, 1ST FLOOR, 4TH CROSS, VINAYAKA LAYOUT, NEAR CHITRAKOOT SCHOOL, GNANABHARATI POST, NAGADEVANAHALLI, BENGALURU – 560 056.
(BY SRI. N. SHANKAR RANGAREJI, ADV.) AND :
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU – 560 001.
2. THE CO-OPERATIVE DEVELOPMENT OFFICER & RETURNING OFFICER, KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.16/I, MILLERS TANK BED AREA, VASANTHNAGAR, BENGALURU – 560 052.
... PETITIONER 3. KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION EMPLOYEES CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, NO. 16/I, MILLERS TANK BED AREA, VASANTHNAGAR, BENGALURU – 560 052.
(BY SMT.VAHEEDA, HCGP FOR R1) …RESP0NDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO RECALL THE ENTIRE PROCESS OF ELECTION PROCEEDINGS CONDUCTED ON 26.08.2018 FOR THE POST OF OFFICE BEARERS/DIRECTORS TO THE R-3 SOCIETY HELD AS PER THE CALENDAR OF EVENTS DATED 19.07.2018 VIDE ANNEXURE – ‘A’ AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned HCGP takes notice for respondent No.1. She is permitted to file memo of appearance within two weeks.
2. The petitioner herein being one of the candidates for the post of Director in the election held to the third respondent Society has come up in this petition seeking writ of mandamus directing respondent Nos.1 and 2 to recall the entire process of election proceedings conducted on 26.08.2018 for the post of office bearers/Directors to the third respondent society held as per the Calendar of Events dated 19.07.2018 vide Annexure-‘A’ and for other appropriate directions.
3. One of the main grounds on which the election is sought to be rescinded is that election to the 3rd respondent Society has taken place on the date when the nation was mourning on account of death of former Prime Minister Sri. Atal Behari Vajapayee. As such, the election which was conducted during the period of mourning is contrary to Section 39-A of the Karnataka Co-operative Societies Act, 1959.
4. When the aforesaid provision is looked into, the said provision deals with the manner in which election should be taken. Admittedly, there is no such restriction imposed for not conducting election during the period when nation is in mourning. Therefore, the prayer in this petition is not supported by any valid ground raised by the petitioner in contending that Section 39-A of the Karnataka Co-operative Societies Act, 1959 would come in the way of conduction election during the said period.
5. The learned HCGP submits that election to the 3rd respondent Society has already been conducted on 26.08.2018. The present writ petition is bereft of merits, hence it is dismissed.
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JUDGE