B P PRABHAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE admitted facts are that the petitioner is the member of the 3rd respondent society which was established with the object to encouraging proper development of agricultural industries among members on co-operation line by introducing the principles of co-operative and joint farming methods with a view to secure the advantages of modern large scale agricultural products by owners or tenant cultivators of the land. The area of operation of the 3rd respondent society consisting of all the villages and towns, in the talks of krishnaraja nagar, hunsur, periyapatna and heggada devanakote taluks of Mysore district. The areas comprising of lands in villages of krishnarajpet taluk excluding the following :

(2.) ACCORDING to Rule 13-a of Karnataka co-operative societies (Amendment) Rule, 1999, the chief executive shall issue to every member of the society an identity card indicating the name of the society full name. Membership number, age and residential address of the member with a recent passport size photo affixed to the card. The respondent No. 5 had written a letter to r-3 on 30. 4. 01 informing the 4th respondent to issue identity cards, whereas the sugar factory has 11,202 members within its jurisdiction. There are 1865 are members belonging to k. r. pet taluk. . , mandya dist,. And they are not supplying sugar cane to the third respondent karkane and their names will have to be deleted from the voter's list as per Annexure c. The petitioners allege that inspite of these facts, laches and irregularities the respondent No. 5 had published the calendar of events to hold election on 25. 5. 01 to elect the managing committee for the years 2001-02 to 2005-06 for 5 years informing that identification card is compulsory. The petitioner further alleged that the respondent instead of setting right the laches and irregularities on their part, had in a hurried manner commenced elections and published the calendar or events permitting members belonging to h. d. kote taluk and k. r. pet taluk to vote in the election which will have adverse effect on the managing committee since they are not eligible to vote as their area has been excluded from the operation of the Sri srirama sahakara karkhane ltd. His apprehension is that without issuing proper identification cared to all the members, if the election is held only a few members how hold identity cards would dominate the election to elect their own members to the managing committee. Therefore, he has sought for the following reliefs : (i) issue a writ of certiorari or any other appropriate writ, or direction quashing the calender of events issued by the 5th respondent bearing No. Eln SC 1 : 2001-02 dated 25. 4. 2001 (Annexure-D); (ii) issue a writ of mandamus of any other appropriate writ, order or direction : (a) directing the respondents 3 and 4 to delete all the members of the h. d. kote taluk and k. r. pet taluk, from the voters list and direct the respondents 3 and 4 to issue identity cards to all the eligible members of the 3rd respondent; (b) directing the respondents to conduct the elections to the managing committee of the 3rd respondent with the existing by law; (iii) grant such other relief or reliefs as this Hon'ble court deems fit and proper in the facts and circumstances of the case including award of costs of the writ proceedings in the interest of justice and equity.

(3.) THIS writ petition was filed originally against respondent 1 to 5. Subsequently as the impleading application came to be allowed by this court, respondents 6 to 16 were brought on record. The respondents also filed their objections which I have perused.