JUDGMENT :

(Prayers: Writ Petition filed Under Article 226 of the Constitution of India,to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Election Notice issued by the 5th respondent having Rc. 530 / 2022 / RGB Elections dated 07-1-2022 and quash the same and consequentially direct the 5th respondent to conduct election after removal of the depositors / General Public From A class voting members.Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari Call for the records in election notice in RC 530/2022/RGB Elections dated 7.1.2022 issued by the 4th respondent and quash the same as illegal.

Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified mandamus calling for the records relating to the election notice published in Dinamani daily on 7/01/2022 vide No. 530/ 2022/RGB for the Election for the post of delegates of the 4th respondent society to be conducted on 6/2/2022 issued by the 4th respondent and quash the same and to allow the objections raised by the petitioner thereby appointing an Election officer to conduct fresh election as per by-laws of the 4th Respondent society after eligible ordinary A class repatriates members voters list is prepared excluding B Class Nominal or Associate Members.)

These writ petitions are filed questioning the validity of election notice issued by the respondents on 07.01.2022. As per the election notice, the process of election has already been commenced on 10.01.2022, the date on which the voter list was published by the Returning Officer. On 13.01.2022, final voter list was published by the Returning Officer. Filing of nomination papers was on 22.01.2022, scrutiny of nomination papers on 24.01.2022, publication of valid nominations on 24.01.2022 and withdrawal of nomination by the candidates was on 25.01.2022. Publication of final list of contesting candidates were made on 25.01.2022 itself. The polling date is fixed on 06.02.2022 and counting of votes and declaration of results have to be made on 07.02.2022 from 9 a.m. onwards. Thus, the publication of final list of contesting candidates were already effected and the polling date is fixed on 06.02.2022. Under these circumstances, the election notice is under challenge by the candidates, who all are contesting the elections repatriate members and candidates.

2. The short question which is to be considered by this Court is that whether an election at this point of time shall be interfered with or not, if it is necessary, then under what ground.

3. The vital ground raised by the petitioners are that as per the bye-law no.4, the Bank shall have two categories of members No.1. Ordinary Members-'A' Class Members and No.2 Nominal/Associates Members-B Class Members. Clause 13 of the bye-law speaks about the Rights of Ordinary Member-'A' Class Member. Accordingly, 'A' Class Member shall have the right to vote in the election to elect the Delegates for the General Body Meeting and to take part in the election and contest for the post of the Delegates. The rights of the Delegates of the General Body are also provided in the said Clause.

4. In this context, it is contended that now as per the impugned election notice, the respondents are permitting the 'B' Class Members to vote in the elections, which is directly in violation of the bye-laws of the Society. It is further contended that the amendment effected is a fraud on the provisions of the Act. There was no merger occurred in respect of 'A' class and 'B ' class members and the 'B' class membership still remain as 'B' class members and there is no amendment effected. Thus, the pre-amended bye-law, in respect of 'B' class member is in force and as per the pre-amended bye-law, the 'B' class members are not eligible to cast vote in the elections. The petitioner state that 'A' class members are the repatriates and the society itself was registered for the welfare of such rep