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2024 Supreme(Online)(Kar) 36246
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 18810 OF 2024 (CS-EL/M)
BETWEEN:
1. SRI. B.J. GANESH S/O LATE B.N. JAYARAMAIAH, AGED ABOUT 50 YEARS, DIRECTOR / DELEGATE FROM SILK HANDLOOM WEAVERS PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD, GUNDLAPULLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT 561 207
2. SRI. NARAYANAPPA G., S/O LATE HANUMANTHAPPA, AGED ABOUT 61 YEARS, Digitally signed DIRECTOR / DELEGATE FROM by DHARMALINGAM VIJAYA NEKARA JAWALI UTPADAKA MATTU Location: HIGH BANNA HAKUVA SAHAKARI SANGHA NIYAMITHA, COURT OF TUMMINAKATTI, KARNATAKA RANEBENNUR TALUK, HAVERI DISTRICT 581 119 3. SRI. THIPPESWAY H., S/O OREPPA, AGED ABOUT 52 YEARS PRESIDENT / DELEGATE PATTASALE HANDLOOM WEAVERS PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD, SRI RAMA BADAVANE (NEKARA COLONY), YARAGUNTE, KOMDAJJI ROAD, DAVANAGERE 577 006
4. SRI. NATARAJ, S/O CHANDRAPPA, AGED ABOUT 50 YEARS, PRESIDENT / DELEGATE COTTON HANDLOOM WEAVERS PRODUCTION AND SALES, CO-OPERATIVE SOCIETY LTD, SURAHONNE, NYAMATHI TALUK, DAVANAGERE DIST 577 223.
5. SRI. T. RUDRAPPA, S/O HONEKARAPPA, AGED ABOUT 74 YEARS, PRESIDENT / DELEGATE VASANA COTTON HANDLOOM WEAVERS PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD., VASANA VILLAGE, HARIHAR TALUK, DAVANAGERE DIST 577 516 …PETITIONERS (BY SRI. VARUN J PATIL, ADVOCATE FOR SRI. MAHAMAD TAHIR A., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BANGALORE 560 001, REP. BY ITS JOINT SECRETARY / SPECIAL OFFICER
2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BANGALORE 560 052
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE 560 027, REPRESENTED BY ITS SECRETARY
4. THE COMMISSIONER, BENGALURU DIVISION AND APEX CO-OPERATIVE SOCIETIES ELECTION OFFICER, 3RD FLOOR, TTMA A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE 560 027
5. THE KARNATAKA CO-OPERATIVE HANDLOOM WEAVERS FEDERATION LTD., NO. 203/204, FIRST FLOOR, 8TH CROSS, 4TH MAIN, SAMPANGIRAMANAGAR, BENGALURU 560 027, REPRESENTED BY ITS MANAGING DIRECTOR REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1, R2 AND R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE QUASH THE IMPUGNED ORDER BEARING NO. CO 34 CLM 2024, BENGALURU DATED 05.06.2024 PASSED BY R-1 VIDE ANNEXURE-M IN SO FAR AS PETITIONER CONCERNED AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The present writ petition is filed seeking necessary directions to hold the elections to respondent No.5 / the Karnataka Co-operative Handloom Weavers Federation Ltd., Bengaluru.
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 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 counsel for the petitioners 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 these writ petition also.
4. Learned High Court Government Pleader 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 petitioners before this Court.
6. 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 the process of election insofar as the respondent / the Karnataka Co-operative Handloom Weavers Federation Ltd., Bengaluru, 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 Societies, nevertheless, the process of election shall commence from the stage when it was halted.
7. 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 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 petitioners-Societies 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 the respondents-authority to move an applicat
