CYRIAC JOSEPH C. J.

( 1 ) THE appellant is the petitioner in Writ Petition No. 2029/2006 which was dismissed by the learned single Judge as per the impugned order dated 13. 2. 2006. The respondents are the respondents in the said Writ Petition. The appellant, the 5th respondent and the 6th respondent were candidates in the election of the Member of the committee of Bagalkot District Central Co-operative Union Limited (4th respondent herein) from the constituency of Milk Producers' Cooperative society and Oil Seed Growers' Co-operative Society. In the said election, the 6th respondent M. S. Nalthwad was declared elected as he got 5 votes, the appellant got 2 votes and the 5th respondent did not get any vote. The election of the 6th respondent was challenged by the appellant in an Election Petition filed under section 70 of the Karnataka Co-operative Societies Act. The Election petition was numbered as 04/2003-04 and was decided by the Deputy registrar of Co-operative Societies, Bagalkot. The main contention raised in the Election petition was that the 6th respondent was disqualified to be elected as a member of the 4th respondent Cooperative union and even though the petitioner had objected to the nomination paper filed by the 6th respondent, the Returning Officer over-ruled the objection and allowed the 6th respondent to contest the election. Apart from praying to set aside the election of the 6th respondent, the petitioner (appellant herein) had also prayed to declare him as elected. While deciding the Election dispute, the Deputy Registrar held that the 6th respondent was disqualified to be elected and set aside the election of the 6th respondent and also declared that the petitioner was elected as member of the Committee of the 4th respondent Co-operative Union from the constituency of Milk producers' Co-opertive Society and Oil Seed Growers' Co-operative society. Though the 6th respondent did not question the decision of the Deputy Registrar, the 5th respondent Basappa filed an appeal against the decision of the Deputy Registrar before the Karnataka appellate Tribunal. The appeal was registered as Appeal No. 669/ 2004 and it was disposed of on 6. 1. 2006. Though the Appellate tribunal upheld the decision that the 6th respondent was disqualified to be elected as a member of the Committee of the 4th respondent co-operative Union, the Tribunal set aside the order of the Deputy registrar declaring the appellant elected as member of the Committee of the Co-operative Union from the constituency of the Milk Producers' co-operative Society and Oil Seed Growers Co-operative Society. Aggrieved by the order of the Appellate Tribunal, the appellant filed the Writ Petition praying to quash te order dated 6. 1. 2006. the karnataka Appellate Tribunal. However, the Writ Petition was dismissed at the admission stage by the learned single judge. Challenging the order of the learned singe judge, the writ petitioner has filed this appeal.

( 2 ) IN the impugned order, the learned Single Judge held that the relief of declaring the petitioner elected can be granted only under limited circumstances and that in the present case, having regard to the facts and circumstances of the case, the order of the Tribunal directing to hold fresh election was justified. The learned Single Judge observed that merely because the election of the 6th respondent was set aside, the Deputy Registrar could not have declared the petitioner elected.

( 3 ) THE first contention raised by the Learned Counsel for the appellant is that even though there is no specific provision in Kamataka co-operative Societies Act conferring power on the Arbitrator to declare any of the candidates elected, the principles of the Election law under the Representation of the People Act are applicable to an election dispute under Section 70 of the Karnataka Co-operative; societies Act also. Learned Counsel relied on the decision of a single bench of this Court in CHANNE GOWDA AND ANOTHER v

Click Here to Read the rest of this document