The State Government may recommend the appointment of any officer as Administrator of a co-operative society, including senior officers, to facilitate effective elections, provided they have jurisdiction over the society.

ORDER :

1. The Petitioner in W.P.No.20877/2024 is before this Court seeking for the following reliefs:

a. Call for records in related to the proceedings bearing No. CO.100CCB2024 dated 29.07.2024;

b. Issue writ in the nature of certiorari to quash the letter dated 29.07.2024 in CO.100CCB2024 issued by the R1 as per Annexure-K and order passed by the R2 Joint Registrar of Co-operative Societies dated 30.7.2024 in No. JRB/AA.MAM.RA/28-A(5)/21/2023-24 as per Annexure-L

c. Issue any other appropriate writ or order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and allow this writ petition in the ends of justice and equity.

2. The Petitioner in W.P.No.23569/2024 is before this Court seeking for the following reliefs:

i. Call for records in related to the proceedings bearing No. CO.100CCB2024 dated 29.07.2024;

ii. Issue writ in the nature of certiorari to quash the letter dated 29.07.2024 in CO.100CCB2024 issued by the R1 as per Annexure-K and order passed by the R2 Joint Registrar of Co-operative Societies dated 30.7.2024 in No. JRB/AA.MAM.RA/28-A(5)/21/2023-24 as per Annexure-L

iii. Issue any other appropriate writ or order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and allow this writ petition in the ends of justice and equity.

FACTS IN W.P. No.20877/2024:

3. The Petitioner claims to be a primary society and a member of the Respondent No.4-Kolar and Chikkaballapur Co-operative Bank [hereinafter referred to as ‘DCC Bank’]. The term of the elected body of DCC Bank expired on 17.11.2023; consequent upon the expiry, the Deputy Registrar of Co-operative Societies, Bangalore District, [hereinafter referred to as ‘DRCS’] appointed an Administrator in terms of Section 28A(5) of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959 [hereinafter referred to as ‘KCS Act’].

4. Elections were required to be held, and a resolution of the Board was passed on 23.03.2023 to that effect. The Board had on 08.05.2023 called for information to provide for a Group-A officer to be appointed as the returning officer. Meanwhile, the term of the Managing Committee expired on 17.11.2023. Prior to such expiry, the Assistant Commissioner, Kolar Sub-division was designated as its returning officer.

5. The process of election being taken up, the preparation of voters list was going on, due to the intervention of the Parliamentary election in the year 2024, the election of all Co-operative societies was postponed by a Government Order dated 06.06.2024.

6. Upon the expiry of the period of postponement, elections were required to be held. However, it is contended that the Administrator appointed in terms of Section 28A(5) was lethargic and did not complete the process of election. Hence, the DCC Bank had approached this court in WP No. 23677 of 2023 and sought for directions to complete the process of election in a time-bound manner. The said writ petition came to be disposed on 03.07.2024 with a direction to the State Co-operation Election Authority, Regional Commissioner, Bangalore Division and the Apex Co-operative Societies Election Officer to continue the process of election in respect of the DCC Bank from the stage it was halted.

7. The District Election Officer was directed to ensure that the process of election s