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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
M. Nagaprasanna
Karur Milk Producer Co-Operative Society Limited-Karur – Appellant
Versus
State Of Karnataka, Department Of Co-Operation – Respondent
| Table of Content |
|---|
| 1. petitioners challenge election orders and seek directions. (Para 1 , 2) |
| 2. background on cooperative societies and election procedures. (Para 3 , 4 , 5 , 6) |
| 3. government orders affecting election timelines and procedures. (Para 7 , 8) |
| 4. arguments on the legality of the election calendar issuance. (Para 9) |
| 5. court's analysis of government orders and election processes. (Para 11 , 12 , 13 , 14) |
| 6. final decision on the petitions and election continuation. (Para 15) |
| 7. petitions rejected; election process to continue as per orders. (Para 16) |
ORDER :
M. Nagaprasanna, J.
The petitioners, in W.P.Nos.103589 of 2024 and 103590 of 2024 call in question calendar of events so issued on 20-06-2024 by the 5th respondent and seek a consequential direction by issuance of a writ in the nature of mandamus to hold elections strictly in consonance with the Government Order dated 05-06-2024 and corrigendum to the said order dated 13-06-2024 and a further mandamus is sought to direct the 5th respondent not to permit casting of any vote and contest the voters in the societies that are the subject matter of the petitions.
W.P.No.106546 of 2024 is filed seeking to quash the Government Order da
The election process for cooperative societies, once commenced, cannot be halted based on conflicting government orders; elections must proceed from the stage they were interrupted.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
The court affirmed that delays in co-operative elections due to concurrent parliamentary elections are legitimate, provided the election process is statutorily followed.
The court underscored that proper notice is mandatory for electoral eligibility, reinforcing that democratic processes must be transparent and participatory.
The court reaffirmed that administrative actions must adhere to proper legal procedures and that arbitrary withdrawal of electoral notifications without just cause constitutes legal malice, disruptin....
The court held that electoral participation must be facilitated within legal timelines, ensuring those eligible to vote are included in electoral processes, reflecting a commitment to democratic prin....
Elections for a co-operative society must be conducted before the board's term expires, and postponement requires valid legal grounds, not merely the absence of police protection.
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