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.

ORDER :

K.S. HEMALEKHA, J.

W.P.No.2112/2025 is filed seeking for the following prayers:

“i) Issue a writ in the nature of mandamus directing the respondents 1 to 8 to hold elections for the managing committee of the 9^th respondent i.e., Kasaba Primary Agricultural Credit Co-operative Society Ltd., Hunsur Taluk, Mysore District, only after addressing the complaints lodged by the petitioners and other members of the society and publication of correct voters list, after strictly following the procedure prescribed under Karnataka Co- operative Societies Act & Rules and;

ii) Pending completion of election process to the new Board of Management of the 9^th respondent society, direct the respondents No.1 to 3 to appoint an Administrator to hold the elections in a fair and transparency manner after addressing all the grievances of its members / shareholders of the society in accordance with law and;

iii) Grant such other relief/s as deems fit by this Hon'ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity.”

2. W.P.N.1575/2025 is filed seeking for the following prayers:

“(a) A wit in a nature of certiorari quashing the postponement of election communication letter dated 17.01.2025 in bearing No.SaChuPra/My.Pra/My.G/Direction/07/2024- 25 issued by the respondent No.2 election authority vide Annexure-G in the interest of justice and equity.

(b) A writ in a nature of Mandamus or any other writ, order or direction, directing the Election Authority Respondents No.2, 3 to 5 to continue with the election process of the Respondent No.6 society in terms of calendar of events at Annexure-A published on 07.01.2025 from the stage it was stopped and issue fresh dates for Filling Nominations and polling date and complete the election processes on or before 01.02.2025.

(c) a writ in the nature of Mandamus or any other writ directing the respondent No.7 and 8 to provide adequate police protection to the respondent No.6 society election in terms of the calendar of events at Annexure-A

(d) Such other writ or order as direction as deemed fit as circumstances of the case including an order for Costs.”

3. The petitioners in both the petitions claim to be the members / shareholders of the Kasaba Primary Agriculture Credit Co-operative Society Limited (hereinafter referred to as ‘the Society’ for short), the Society being registered under the Karnataka Co- Operative Societies Act, 1959 (hereinafter referred to as ‘Act’ for short). The term of the office of the board of the Society expires on 01.02.2025. The election of the society was to be conducted before the expiry of the existing term as per Section 28B of the Act. The Election Officer- respondent No.3 appointed the Returning Officer- respondent No.5 for conducting the election, the calendar of events were issued by the Returning Officer on 07.01.2025 indicating the nomination filing process to be commenced from 11.01.2025 and to be concluded on 17.01.2025, the scrutiny of nominations was to be on 18.01.2025 and the election was scheduled to be held on 25.01.2025.

4. According to the petitioners in WP No.1575/2025, the Returning Officer did not accept the nomination papers nominations submitted by them on 16.01.2025 and left the office premises abruptly, that the petitioners were made to submit their nominations to the Chief Executive Officer of the Society. The Returning Officer published the notice on 16.01.2025 stating that the election process is postponed due to the shortage of police personnel, pursuant to which, the Co-Operative Election Authority-respondent No.2 issued a letter dated 17.01.2025 confirming the postponement of the election.

5. Learned Senior Counsel, Sri Jaykumar S. Patil appearing for the petitioners would urge the following grounds:

i. That the Returning Officer and the Election Authority have no power to postpone the election without assigning any legal grounds.

ii. That the Returning Officer’s refusal to accept the petitioner