Writ Petition No.23508 of 2022 is filed by the petitioner

claims to be a member of the respondent No.4-Society herein,

adverting that, the respondent-authorities are bound to comply

with the provisions contained under Rule 13(D) of the

Karnataka Co-operative Rules, 1960 (for short, hereinafter

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after referred to as Rules) since no election has been taken

place for respondent No.4-Society and the existing term will

expire on 27.01.2023, and accordingly, the petitioner has

sought writ of mandamus against the respondent-authorities to

consider the resolution passed by the respondent-Society

dated 01.10.2022.

Writ Petition No. 24785 of 2022 is filed by the

Society seeking writ of mandamus against the respondent-

authorities to consider the resolution passed by the petitioner-

Society dated 01.10.2022 (Annexure- D), in terms of 13(D) (i)

of the Rules.

I have heard Sri M.R.Rajagopal, learned Senior

counsel appearing on behalf of Sri. H.N.Basavaraju, for

petitioner and Sri H.C.Shivaramu, learned counsel appearing

for Society and Sri T.L.Kiran Kumar for respondent No.1 and

Smt H.C.Kavitha, learned AGA for respondents 2 and 3.

The grievance of the petitioner in Writ Petition

No.23508 of 2022 and the Society as petitioner in Writ Petition

No.24785 of 2022 is that the present Managing Committee of

the Society will expire on 27.01.2023 and the elections to be

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conducted for the Society within 120 days as per 13(D) of the

Rules. In this regard, it is relevant to extract 13(D) of the

Rules, which reads as under:

“13-D. Preparation of Electoral Rolls and calendar of

events.

(1) Election Officer shall, after due verification, send a

consolidated list of all cooperative societies in the

district where elections are due at least 120 days

before the date of expiry of the term of office of the

boards

to

the

Co-operative

Election

Authority

indicating there in the following:

particulars:-

(a) the name and address of the society;

(b) number of elected directors of the board;

(c) the date of expiry of the term of office of

the board;

(d) the proposed places where the elections

are to be held or other particulars as required

by the Co-operative Election Authority;

(2) The Co-operative Election Authority shall, on

receipt

of

such

reports

from

the

Election

Officer

of

the

district,

containing

the

list

of

cooperative

societies

where

elections

are

due,

publish the calendar of events for the preparation of

electoral rolls and the conduct of elections of the

boards of the cooperative societies indicating the

name and address of each society;

(2-A) The election officer shall take steps for

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publication of voter list who are not eligible to

vote in the following manner, namely. -

(i) for publication of draft ineligible electoral

list, the chief executive of every cooperative

society shall prepare notice in respect of

members

not

attending

three out of the last five annual general body

meetings and members not utilizing such

minimum services or facilities in a co-

operative year as specified in the bye laws for

three consecutive cooperative years.

(ii) The chief executive of every co-operative

society shall send above prepared notice to

all ineligible members, fifteen days prior to

six months to the date of election of the

board by registered post and an opportunity

shall be given to such member to file their

objections, if any within fifteen days from the

date of notice.

(iii) The chief executive of every cooperative

society shall submit the list of ineligible voters

to the election officer along with their

objections and also produce the records

pertaining to absence from general body

meeting with attendance and services utilized

by members. He has to produce the records

for

having

sent

the

notice

along

with

acknowledgement

to the election

officer

within thirty days from the date of notice as

specified by the election officer.

(iv) The chief executive of every cooperative

society shall state in his notice that the

ineli