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2004 Supreme(Kar) 606

N.K.PATIL
B. D. MANJUNATH – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.N.VENUGOPAL GOWDA, B.B.BALLARI, B.T.PARTHASARATHI, H.K.SHETTY, JAYAKUMAR S.PATIL, K.M.NATARAJ, K.N.PRAKASH, MANDANNA, N.BASAVARAJAIAH HIREMATH, N.R.KRISHNAPPA, VISHNU D.BHAT,

Judgement Key Points

Key Points:- The judgment discusses postponement of elections after a calendar of events has been issued and held that such postponement is typically impermissible, and the process should continue from the interruption point or resume with a rescheduled date. (!) (!) - It holds that once the election process has commenced (calendar issued, voters list published, nominations filed), government or court interference to postpone without proper authority is not permissible, and the process should proceed as originally planned or be rescheduled from the interruption point. (!) (!) - The court declares that notifications attempting to postpone when the calendar of events is in motion are not applicable to petitioners where the process has already started, and directs continuing the election process per the calendar from the interrupted stage. (!) (!) - The decision emphasizes that rights to vote/contest are statutory and subject to the act’s provisions, and public orders cannot override the established calendar of events without proper legal basis. (!) (!) - It references the remedy of proceeding with elections and declaring results as per the original or resumed calendar, rather than vacating or indefinitely postponing the process. (!)

How to determine when elections postponed under the Karnataka Co-operative Societies Act are permissible?What is the impact on an election process already set in motion when a government notification postpones elections?What are the appropriate remedies when a government order postponing elections is challenged as unlawful?


N. K. PATIL, J.

( 1 ) IN all these cases, since common questions of fact and law are involved and these petitioners have sought the common reliefs, these petitions have been clubbed together and a common order has been passed.

( 2 ) IN Writ Petition No. 35501 of 2004, the petitioner has sought to declare that, the postponement of the election to the Board of management of the 3rd respondent-Bank scheduled to be held as per the calendar of events, vide Annexure-A, dated 10-8-2004, as illegal and without jurisdiction and also to direct the respondents to proceed with the election process as per the calendar of events from the stage, at which, it is interrupted by publication vide Annexure-C, dated 4-9-2004.

( 3 ) THE petitioner is claiming to be the member of the 3rd respondent- bank and he is eligible to contest in the election. The term of the office of the members of the Board of Management of the 3rd respondent- bank has come to an end. To elect the New Board of Directors by way of election, the 2nd respondent had issued the calendar of events on 10-8- 2004. As per the calendar of events, the voters list has been published on 27-8-2004 and the last date for filing the nominations



































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