ORAL ORDER

The present petition is filed seeking necessary directions to hold the election to the petitioner Society -

Primary Agricultural Credit Co-operative Society Limited.

2. The grievance of the petitioner-Society arise in view of the abrupt stalling of the election process to the co-operative societies consequent to the notification dated 21.03.2024 issued by the State Government in view of the Parliamentary Elections-2024 and the implementation of the Code of Conduct. However, subsequently, the State Government issued a Government Order dated 05.06.2024 permitting holding of the elections, but with a rider that the elections are permitted to those co-operative societies where calendar of events are issued by the Returning Officer and other societies have to restart the election process considering the year 2023-24 Annual General Meeting and complying with the Rule 13-D of the Karnataka Co-operative Society Rules, 1960. Further, the State Government has issued a Corrigendum Order dated

13.06.2024 clarifying its earlier Government Order dated 05.06.2024. It has been clarified that in all cases where the process of elections were commenced and halted as on 21.03.2024, it would be permissible to continue from the stage where it was stalled/halted due to the issuance of the notification at the hands of the State Government. 3. Nevertheless, learned Senior Counsel Sri.

Jayakumar S. Patil, appearing on behalf of the petitioner' Society submits that this Court has taken into consideration the similar grievances and has passed orders in W.P.No.18034/2024 and connected matters dated 11.07.2024. Learned Senior Counsel prays for similar directions in this writ petition also.

4. Learned Additional Government Advocate submits that this Court has taken into consideration the contents of the Government Order dated 05.06.2024, more particularly, paragraph No.8, wherein it is clarified that insofar as matters pending consideration before the court, any directions that would be issued by the court, shall be complied and the election process can accordingly be commenced and continued.

5. In that view of the matter, this Court is of the considered opinion that the benefit given to the petitioners in said writ petitions in W.P.No.18034/2024 and connected matters, can also be given to the petitioner' Society before this Court.

6. Consequently, the writ petition is disposed of with a specific direction to the State Election Co-operative Authority, Regional Commissioner, Bangalore Division and Apex Co-operative Societies Election Officer to continue the process of election insofar as the petitioner / Primary Agricultural Credit Co-operative Society Ltd., from the stage when it was halted, in view of the issuance of the notification dated 21.03.2024 and imposition of Model Code of Conduct. It is specifically clarified that although the Returning Officer had not issued the calendar of events insofar as the said Society, nevertheless, the process of election shall commence from the stage when it was halted.

7. At this stage, learned Senior Counsel Sri.Jayakumar S. Patil, would submit that the necessary directions should be issued by this Court having regard to the Government Order permitting the existing Managing Committee/Board to continue till the elections are held. This Court finds from the Government Order dated 05.06.2024 and Corrigendum Order dated 13.06.2024 that such directions have been issued by the State Government permitting the existing Managing Committee/Board to continue till the elections are held, however, making it clear that the Committee/Board shall only take up routine day-to-day activities and they shall not take any decision which would partake the nature of financial decision and policy. The continuance of the Managing Committee/ Board of the petitioner-Society shall also be accordingly subjected in terms of the clarification issued by the State Government.

At this juncture, learned AGA submits that liberty should be reserved to