2000 Supreme(Kar) 529
Karnataka High Court
SHIVAPUTRAPPA - Appellant
Versus
SUBHAS JOSHI - Respondent
Decided On : 09-05-00
W.A. : 5410 of 1999
K.SRIDHARAN, KALIMULLA SHARIFF, M.V.SHAMANNA, R.N.NARASIMHA MURTHY, SUBHASH.B.ADI
Headnote:Multi State Co-Operative Societies Act, 1984-Section 35 and 44-Election of Managing Committee-Central Registrars order for completing election process within two months given to Returning Officer affirmed by Appellate Authority-subsequent order issued by Central Registrar to re-start election process by inviting fresh nominations held contrary to law because valid declaration cannot be invalidated.
( 1 ) THIS Appel is directed against an order passed by a learned single Judge of this Court, whereby WP No. 6252/1999 filed by the respondent Sri Suhas Joshi has been allowed, the impugned orders and calender of events quashed and a direction issued to the returning Officer to declare the respondent duly elected to the committee of management of the 3rd respondent-society. Hiranyakeshi Sahakari Sakkare Karkhane Niyamit is a co-operative society registered under the provisions of Multi-state societies Act, 1984. The appellant and Respondent No. 1 are members of the said society, which is managed by a committee comprising eleven persons, ten out of whom are from out of category-A members while the eleventh is elected by category-B members of the society. Elections to the committee were scheduled to be held in december 1998, in which connection the Assistant Commissioner was appointed as the Returning Officer, who in turn published a calender of events inter alia fixing the dates for filing and withdrawal of nomination papers, poll and declaration of result. In response to the said notice, as many as 1557 nominations were filed by candidates against the ten vacancies available for category-A members. In contrast, the solitary vacancy for category-B members evoked response only from two members. Upon scrutiny of the nomination papers received by the Returning Officer, as many as 1492 were found to be in order for the ten vacancies in category-A. In so far as category-B was concerned, upon withdrawal of the nomination by Sri J G Patil, Sri Suhas Joshi was the only candidate left in the fray. The Returning Officer however felt that it was not feasible to complete the election process within the time available to him on account of an unusually large number of candidates, remaining in the fray for category-A vacancies. He accordingly passed an order on 13th of December 1998, postponing indefinitely and until further orders the conduct of the election. Aggrieved by the said order, 55 members of the society approached the Central registrar of Co-Operative Societies seeking his intervention and supersession of the society under Section 48 of the Karnataka State co-operative Societies Act. This application was after consideration rejected by the Central Registrar with the direction that the election process initiated by the Returning Officer shall be completed within a period of two months. An appeal against the said order was filed before the Secretary, Department of Agriculture and Co-operation, government of India under Section 74 of the Act aforementioned. The appeal inter alia contained a prayer for declaring the respondent - Sri Suhas Joshi duly elected as a member of the Managing committee of the Society. The Appellate authority did not however find favour with the grievance in the appeal and accordingly dismissed the same. Instead of proceeding with the election and completing the same within the time frame fixed by the Central registrar, the Returning Officer appears to have once again expressed difficulty in conducting the election on account of the large number of candidates remaining in the fray and requested the registrar, Co-operative Societies of Karnataka to take up the matter with the Central Registrar. It was at this stage that an order dated 20th of April 1999 was passed by the Central Registrar directing the returning Officer to conduct the election afresh from the stage of filing of the nomination passes and to complete the said process before 30th of June 1999. In the meantime, the respondent - Sri suhas Joshi had filed W. P. No. 6252/1999 in this Court for a mandamus directing the Returning Officer to declare the petitioner as elected as a member of the Managing Committee against the solitary vacancy in category-B. Upon the issue of directions dated 20th of April 1999 by the Central Registrar, the Petitioner made an application for permission to urge additional grounds challenging the calend