ORDER :

The reliefs sought for by the petitioners in WP No.20352/2023 are as under:

“i) Issue a Writ of Certiorari quashing Annexure-C in No.DRB-3/Chunavane/Re. ah-47/2023-24 dated 08.09.2023 issued by the 3rd respondent with drawing the Calendar of Events dated 03.07.2023 issued as per Annexure-A fixing date of Election as 15.09.2023 to the 5th respondent society.

ii) Issue a Writ of Mandamus to the respondents No.2 to 4 directing to conduct and complete the Elections to 5th respondent society in terms of scheduled Calendar of Events issued as per Annexure-A dated 03.07.2023 fixing date of Election as 15.09.2023 to the 5th respondent society.

iii) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity.”

2. The reliefs sought for by the petitioners in WP.No.20838/2023 are as under:

“a) To issue a writ of certiorari quashing the impugned proceedings/Order bearing No.DRB-3/chunavane/RI.A-47/2023-24 dated 08.09.2023 passed by Respondent No.3 vide Annexure J in the interest of justice and equity.

b) Issue a writ of mandamus directing the Respondent No.6 to conduct the election as per notification/calendar of events issued at Annexure-H from the stage at which it was interfered with or in the alternative direct the Respondent No.6 to reschedule the dates and conduct of election to Respondent No.5 society immediately before the expiry of the term of Petitioners in the interest of justice and equity.

c) Issue a writ of mandamus directing the Respondents not to take any action against the petitioners till the elections to Respondent No.5 society are held for the term 2023 to 2028, in the interest of justice and equity.

d) Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.”

3. The relevant facts necessary for consideration of the present writ petitions are that the election to the fifth respondent – society was held on 15.9.2018. The CEO of the society vide letter dated 15.2.2023 submitted draft list of voters to the District Election Officer and vide letter dated 27.6.2023 requested the District Election Officer to appoint a Returning Officer. Vide communication dated 3.7.2023, the District Election Officer appoints the Returning Officer and a voter list Verification Officer. Vide order dated 11.8.2023 a Special Officer has been appointed under Section 31 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Act’). On 29.8.2023 the Verification Officer submits a verified voter list to the District Election Officer, which is approved by the District Election Officer on 30.8.2023. Thereafter, on 31.8.2023, the Returning Officer issued the calendar of events. Vide communication dated 8.9.2023, the District Election Officer directs the Returning Officer to postpone the election. Being aggrieved, the present petitions are filed.

4. Learned Senior Counsel Sri Jayakumar S.Patil and Sri D.R.Ravishankar, appearing for the petitioners in the writ petitions submit that once the calendar of events have been issued on 31.8.2023, it is not open to the authorities to postpone the election and more so, in the present case where the District Election Officer has directed the Returning Officer to postpone the same. It is further submitted that once the calendar of events is issued, the District Election Officer loses his jurisdiction to interfere with the election process and hence, the reliefs sought for in the present writ petitions are required to be granted. Learned Senior counsels also made submissions as to the motive and the reason behind postponing of the election alleging that there is interference by the State authorities at the instance of the persons inimical to the petitioners. In support of their contentions, the learned Senior Counsels rely on various judgments which shall be considered during t