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2000 Supreme(Online)(Kar) 2

KARNATAKA HIGH COURT
Chidananda Ullal, J.
Kaniyanahundi Milk Producers Co- operative Society Ltd. v. Co- operation Dept. By its Secretary Bangalore and Others
W. P. No. 16558 of 1999



1.The petitioner herein being the Milk Producers' Co - operative Society, Heggadadevanakote had filed the instant writ petition with a prayer that this Court be pleased to issue a Writ of Certiorari or any other appropriate writ , order or direction to quash the calendar of events dated 6-5-1999 issued by the respondent No. 4 - the Returning Officer, copy at Annexure 'D' to writ petition and further for issue of Writ of Mandamus directing the second respondent to amend the bye law on disposal of an earlier writ petition filed by non - party Director of respondent No. 3 - Society and further to hold the election in accordance with S.28 - A of the Karnataka Co - operative Societies Act.

2. I heard the learned Counsel for the petitioner Sri K. L. Manjunath and Sri. Jayakumar S. Patil appearing for the contesting respondent No. 3. The learned Additional Government Advocate Sri M. N. Ramanjaneyagowda represented the respondent No. 1 - State, the respondent No. 2 - the Registrar of Co - operative Societies and the respondent No. 4 - the Headquarters Assistant to the Deputy Commissioner, Mysore and the Returning Officer. Hence, Rule is issued. I have also perused the case papers.

3. I feel it appropriate to advert to the facts of the case in brief. They are as here - under :
That, two of the Directors of the respondent No. 3 - Mysore District Co - operative Milk Producers' Union Ltd., had earlier filed W.P. No. 14037/99 with a prayer to quash the order dated 18-12-1998 passed by the Registrar of Co - operative Societies (respondent No. 2 in that writ petition), whereby the said co - operative authority had passed an order under S.12(6) of the Co - operative Societies Act to amend the bye law of the respondent No. 3 - Society. That, this Court while issuing Rule in the said writ petition stayed the said order of the non party Registrar of Co - operative Societies, amending the bye law under S.12(6) of the Co - operative Societies Act.

4. That, subsequently, the respondent No. 4 came to be appointed as the Returning Officer to hold the election to the respondent No. 3 District Co - operative Milk Producers' Union , and upon his appointment, the respondent No. 4 had issued a calendar of events dated 6-5-1999, copy at Annexure 'D' to writ petition, by issuing whereof, he had moved the process of holding the election to the Committee of the respondent No. 3 and he further fixed the poll date as 27-5-1999. That the petitioner herein had challenged the said calendar of events on the ground that the said election could not be held by the Returning Officer since the co - operative sub-divisions came to be changed with the bifurcation of the original Mysore District into Mysore District and Chamrajnagar District and further more, the co - operative sub-division called Nanjangud sub-division came to be abolished.

5. The contesting respondent No. 3 in filing a detailed objection statement had challenged the contention of the petitioner herein, for according to it, the election was proposed to be held by issuance of calendar of events at Annexure 'D' as per the existing bye law and that the carving out of the Chamrajnagar District out of the Mysore District and further the abolition of the co - operative sub-division called Nanjangud sub-division and further creation of Chamrajnagar sub-division were of no consequence. It was also the contention of the respondent No. 3 - Society that the formation of the revenue divisions was nothing to do with the co - operative divisions and further that the co - operative divisions were formed by the respondent No. 3 - Society with reference to the area of operation as contemplated under R.13 of the co - operative Societies Rules.

6. When the matter was before this Court, one Ramakrishne Gowda and 7 others filed I.A. No. 1 to implead themselves as necessary parties to the instant writ petition. When the matter was heard, the said application had not been considered by this Court and the same was lying over. The


























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