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2024 Supreme(Online)(KAR) 7764
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 24015 OF 2023 (CS-EL/M)
BETWEEN:
1. C V MAHALINGAIAH, S/O LATE VENKATEGOWDA, AGED ABOUT 47 YEARS, PRESIDENT, TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT - 572 107.
2. CHANDRASHEKAR, S/O LATE GANGEGOWDA, AGED ABOUT 50 YEARS, DIRECTOR, TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, Digitally TUMKUR DISTRICT - 572 107.
signed by PRAMILA G V
3. CHANNAMALLAPPA, Location:
S/O LATE EREMALLAPPA, HIGH COURT AGED ABOUT 69 YEARS, OF KARNATAKA SENIOR CITIZEN BENEFIT NOT CLAIMED, DIRECTOR, TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT-572107.
4. H B SHIVANANJAPPA, S/O BASAVEGOWDA, AGED ABOUT 73 YEARS, SENIOR CITIZEN BENEFIT NOT CLAIMED, DIRECTOR, TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT - 572 107.
…PETITIONERS (BY SRI SARAVANA S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY THE DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 01, REP. BY ITS PRINCIPAL SECRETARY.
2. CO-OPERATIVE ELECTION COMMISSIONER, CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, BUS STOP, BANGALORE - 560 027.
3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER, TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD.,MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT - 572 107.
4. ASSISTANT COMMISSIONER, TUMKUR DISTRICT CUM RETURNING OFFICER, TUMKUR CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT - 572 107.
5. TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., REGD. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT -572 107, BY ITS CHIEF EXECUTIVE OFFICER.
…RESPONDENTS (BY SMT PRATHIMA HONNAPURA AAG A/W SRI SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4 SRI T.L KIRAN KUMAR, ADVOCATE FOR R2, SRI A.C.BALARAJ, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE R2 TO R4 DIRECTING TO CONDUCT AND COMPLETE THE ELECTIONS TO BOARD OF MANAGEMENT OF R5 SOCIETY FOR TERM 2023-2028 AS EXPEDITIOUSLY AS POSSIBLE EITHER BY COMPUTING 60 DAYS FROM THE DATE OF SUBMISSION OF FINAL VOTER LIST AS PER ANNEXURE-D OR WITHIN 13/12/2023 BY COMPUTING FIVE YEARS FROM 14/12/2018 DATE OF ASSUMING CHARGE AND APPOINTMENT OF PRESIDENT TO THE R5 SOCIETY FOR TERM 2018-2023 AS PER ANNEXURE- A1.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition is filed seeking writ of mandamus against respondents Nos.2 to 4 to conduct and complete the elections to the board of 5th respondent-Tumkur Co-operative Milk Producers Societies Union Ltd. (Hereinafter referred to as the 'Union' for short) for the term 2023-2028 as expeditiously as possible within 60 days from the date of submission of final voter list at Annexure-D or before 13.12.2023 by computing 5 years from 14.12.2018 i.e. the date of assuming the charge and appointment of president to the union for the term 2018- 2023. As can be noticed, the second prayer to hold elections on or before 13.12.2023 has become infructuous.
2. Petitioners are the office bearers of Tumkuru Co-
Operative Milk Producer Societies Union which is arrayed as respondent No.5. Admittedly, the tenure of the board of the union has come to an end. There is a small controversy between the petitioners and respondents as to when the tenure would come to an end. The petitioners contend that it has to be in the month of December, 2018 while the respondents contend that it has to be in the month of October 2018.
3. In any case, the tenure has come to end. It is also admitted fact that the administrator is appointed to the board of union.
4. As already noticed, the only surviving prayer for consideration is to direct the respondent-authorities to hold the election as expeditiously as possible.
5. Learned Additional Advocate General for respondent would contend that Rule 13-D(2-A) of Karnataka Co-operative Societies Rules, 1960 (Hereinafter referred to as the 'Rules, 1960' for short) are held to be mandatory and without complying the requirements of the aforementioned rule, the election process cannot be completed. It is the submission of the learned Additional Advocate General that the election should be completed after complying the requirements as contemplated under Rule 13-D(2-A) of the Rules, 1960. Learned Additional General Advocate would submit that notices have been issued by the administrator to all the in-eligible voters inviting objections to the in-eligible voters' list. It is further submitted that objections have been received by some of the in-eligible voters. Learned Additional Advocate General would submit that efforts will be made to conclude the elections as early as possible.
6. 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.
With these observations, the writ petition is disposed of.
