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2024 Supreme(Online)(Kar) 39653
KARNATAKA HIGH COURT
MR JUSTICE R DEVDAS, J
M/S HANCHIPURA HALU UTHPADHAKARA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 18968 / 2024
SRI. SUNIL S RAO., ADVOCATE FOR SRI. T SESHAGIRI RAO., ADVOCATE; SRI. SIDDARTH BABU RAO., AGA FOR R1 & R3; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2
Elections to cooperative societies may resume from the point of halt due to government notifications, subject to compliance with the Model Code of Conduct.
Headnote:(A) Karnataka Co-operative Societies Act, 1960 - Election process - Government Orders dated 13.03.2024, 21.03.2024, and 05.06.2024 - Writ petition filed challenging the stalling of elections to Bengaluru Milk Union Limited - The State Government's notification halted the election process due to Parliamentary Elections-2024, later clarified that elections may continue where processes had commenced - Respondent authorities directed to continue elections from the stage they were halted. (Paras 2, 5, 6)
(B) Model Code of Conduct - The court emphasized that elections should resume in compliance with the Government Orders and the existing Managing Committee may continue operations but only for routine matters. (Paras 5, 6)
Facts of the case:
The petitioners challenged the abrupt stalling of elections to the Bengaluru Milk Union Limited due to a State Government notification amidst Parliamentary Elections-2024, seeking directions for resuming the election process.
Findings of Court:
The court directed the State Co-operative Election Authority to continue the election process from the point it was halted due to the Government's notification.
Issues: The primary issue was whether the election process could continue despite the State Government's notification halting it due to the Model Code of Conduct.
Ratio Decidendi: The court ruled that elections must resume from the point they were halted, emphasizing compliance with the State Government's clarifications regarding the election process.
Result: Writ petition disposed of with directions for elections to proceed.
(PER: HON'BLE MR JUSTICE R DEVDAS) This writ petition has been filed by petitioners aggrieved by the impugned Government Orders dated
13.03.2024, 21.03.2024 and 05.06.2024 and also seeking necessary directions to hold the elections to the 4th respondent-Bengaluru Milk Union Limited.
2. The grievances of the petitioners 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 NC: 2024:KHC:28993 WP No. 18968 of 2024 the Model 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 Co-operative 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. Learned Counsel for the petitioners submits that although the prayer made in the writ petition is in effect NC: 2024:KHC:28993 WP No. 18968 of 2024 challenging a provision of the impugned Government Orders dated 13.03.2024, 21.03.2024 and 05.06.2024, nevertheless, the learned Counsel submits on instructions that the petitioners will be satisfied, if directions are given to the respondent-authorities to hold the elections, as was done in the case of other similarly placed Co-operative Societies.
4. Learned Additional Government Advocate submits that under similar circumstances, this Court has taken into consideration the contents of the Government Order dated
05.06.2024, more particularly, paragraph No.8, where 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. Consequently, the writ petition is disposed of with a specific direction to the State Co-operative Election Authority, Regional Commissioner, Bangalore Division and Apex Co-operative Societies Election Officer to continue NC: 2024:KHC:28993 WP No. 18968 of 2024 the process of election insofar as the 4th respondent– Society 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.
6. At this stage, learned Counsel for the petitioners 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 NC: 2024:KHC:28993 WP No. 18968 of 2024 activities and it 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
