Dilip B Bhosale, J.

1. The order of reference dated 20th March 2014, which has occasioned the constitution of this Full Bench, has been passed by a Division Bench, in Hassan Co-operative Milk Producers Societies Union Limited and others vs. State of Karnataka and Others, W.A.No,734/2014 in Writ Petition No. 10005/2014. The Division Bench in this case, having disagreed with the view taken by another Division Bench of this Court in Shankaiappa Mallappa Kelageri and others vs. The Co-operative Election Commission, Karnataka State and others, W.A.Nos.100076-80 & 100081-83/2014, formulated the following questions which consequently required determination by the Full Bench:

"i) Whether Section-28-A(4) of the Karnataka Cooperative Societies Act, 1959, as substituted by the amended Act dated 11.02.2013, is prospective or retrospective in nature?

ii) When the elections are to be conducted to a cooperative society by the second respondent -State Cooperative Societies Election Commission - and for any reason if the Election Commission fails to conduct the elections within the stipulated time, whether an Administrator can be appointed automatically under Section 28-A(S) of the Act