G S SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) W. P. No. 16363/99 is filed praying for quashing of the notification dated 3. 5. 1999 (Annexure-C) issued by the fourth respondent and to issue such other appropriate write or order as the Court deems fit. W. P. No. 17356/99 is filed for quashing the circular bearing No. CMW 78 CWP 99 dated 22. 5. 1999 (Annexure D) and for a writ of mandamus directing the fourth respondent Election Officer to hold the elections to the Committee of Management of Society in pursuance to his notification dated 3. 5. 1999 at the High Court premises at Bangalore where the Registered Office of the Society is situate.

(2.) THE grounds urged in support of the prayers sought for by thepetitioner in W. P. 16363/99 are:

(3.) BRIEFLY stated the facts are :the petitioners in these petitions are the employees on the establishment of High Court of Karnataka and the Judicial Department and all of them are members of the third respondent-society. The third respondent is registered under the Co-operative Societies Act. The society has its own bye-laws. Under bye-law No. 28 of the society it is laid down that all the members of the committee of management shall be elected by the General Body. The Joint Registrar of cooperative Societies granted permission to the third respondent cooperative Society to hold General Body Meeting of the society and to conduct election to the committee of management of the society at the Karnataka State Employees Association Building, Cubbon park, Bangalore. An order was also issued by the Govt. of Karnataka dispensing with the presentation of the identity cards at the time of voting. These Writ Petitions were filed pursuant to the issuance of notification dated 5-2-1999 appointing the fourth respondent as the election Officer and the publication of the calendar of events by the election Officer on 3-5-1999, praying for quashing of the notification as also the calendar of events issued on the grounds stated supra. The petitioners contend that the notification issued and the appointment of the Election Officer is contrary to law and without the authority of law. The petitioners also challenge the order issued by the Joint Registrar of Co-operative Societies permitting voting sans presentation of the identification cards.