IMPORTANT POINT
The court affirmed that delays in co-operative elections due to concurrent parliamentary elections are legitimate, provided the election process is statutorily followed.

JUDGMENT :

N.V. Anjaria, C.J.

Heard learned Senior Advocate Mr. D.R. Ravishankar assisted by learned advocate Mr. Nagaraju for the appellants, learned Additional Advocate General Smt. Prathima Honnapura with learned Additional Government Advocate Ms. Niloufer Akbar for respondent Nos.1, 3 and 4 and learned advocate Mr. A.C. Balaraj for respondent No.5.

2. The present appeal was directed against the order dated 22.01.2024 passed by learned Single Judge. The petition was disposed of with the following observations in paragraph 6 of the order,

“It is needless to say that if all the procedures contemplated are completed much before the intended date of election i.e. 04.07.2024, the Co-Operative Election Officer may also take necessary steps to complete the election as early as possible given the fact that the administrator is appointed to board of the Union.”

3. The dispute is related to holding of elections to the Board of respondent No.5-Tumkur Co-operative Milk Producers Societies Union Limited for the next term of five years from 2023 to 2028. It was stated by the petitioners in the petition that respondent No.5-Society was a secondary/federal co-operative society which had 1380 members of its primary co-operative societies. It was registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Societies Act’) and that the last elections were held for the term of 2018-2023. In view of expiry of the term, the elections had become due. The resolution was passed for conducting the elections and a representation was given to respondent No.2-Co-operative Election Commissioner for holding elections expeditiously and within time.

3.1 The petition came to be filed seeking direction against respondent Nos.2 to 4 to issue calendar of events to conduct the elections of respondent No.5-Society and conclude the election process. The second prayer was to permit the existing Board of Management to continue and manage the affairs of the Society without subjecting the disqualification of petitioner No.1 either from holding the post of President as well as petitioner Nos.2 to 4 from holding the post of Directors on account of non-conduct of elections. In other words, the office bearers wanted to continue in the office till the time elections were held.

3.2 Section 28-A(4) of the Societies Act provided that subject to the provisions of Section 29-A and 39-A the term of office of the members of the Board shall be five years from the date of election and that they shall deemed to have vacated office as such members on the date of completion of the term.

3.3 During the pendency of the appeal, learned Senior Advocate for the appellants produced Notification dated 13.03.2024 issued by the Government of Karnataka, whereby the term of the office of the members of the Board of the Co-operative Society came to be extended in view of the impending general elections to the Parliament.

3.4 It appears that the election programme was not notified. As submitted learned Additional Advocate General, it was due to the fact that the General Elections to the Parliament were being held in the country. The term of the Board members of the Society had expired at such juncture awaiting the fresh elections.

3.5 A development took place was that the State government issues Notification dated 13.03.2024 extending the term of office for the members whose tenure was over with expiry of the term. The Notification, however, came to be rescinded by the subsequent Notification dated 16.03.2024. The provision of Section 28-A(4) of the Societies Act is clear. Be that as it may, the matter rested there. The said development was noted in the orders dated 18.03.2024 and 08.04.2024. As recorded in the order dated 08.04.2024, learned Additional Advocate General was required to take instructions about holding of elections which were already due.

3.6 The proceedings of the appeal witnessed the following order dated 28.05.2024,

“On 08.04.2024, the following order was