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2014 Supreme(Kar) 212

B.S.PATIL
ABHAY KUMAR DHANPAL JANAJ – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared
For the Petitioners: (By Sri. ASHOK HARANAHALLI, SR.COUNSEL FOR Sri MANMOHAN P N, Sri. JAYAKUMAR S.PATIL, SR.COUNSEL)
For the Respondent: (By Sri.KIRAN KUMAR T.L., AGA FOR R1 & R3, Sri M.KESHAVA REDDY, ADV. FOR R2, Sri G.F.HUNASIKATTIMATH & Sri M.S.RUDRAIAH, ADVS. FOR R 4 & 5)

ORDER

1. In W.P.Nos.45822-45836/2013, petitioners are 2nd challenging the order dated 23.09.2013 passed by the respondent – Commissioner, Co-operative Election Commission vide Annexure-C thereby appointing a returning officer to conduct election to the 5th respondent – Raibag Sahakari Sakkare Karkhane Niyamitha (for short ‘the Society’).

2. Petitioners in W.P.Nos.45822-45836/2013 claim to be members of the 5th respondent – Society which is registered under the Karnataka Co-operative Societies Act, 1959 (for short ‘the Act’). The said Society has established a sugar factory at Bavachi Village of Raibag Taluk in Belgaum District. It is engaged in the manufacture of sugar and its by-products. As per the petition averments, there are in all 8903 members out of whom 7709 are sugar cane growers. It is alleged that due to grave mismanagement of the affairs of the 5th respondent – Society, the factory stopped crushing operation during 2003-04. It was unable to clear the dues of the farmers, workers and the banks. Steps were indeed taken towards winding up of the factory. However, due to intervention of the State Government, action was taken to revive the factory.

3. Tenders were floated in


































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