V.J.K. BAKTHAVACHALAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The grievance of the petitioners is that although voting were scheduled to be held on 27/1/2022 to respondent No.6 - Karnataka Telecom Department Employees Co-operative Society Ltd., however, in the meanwhile the impugned communication dtd. 19/1/2022 at Annexure - J was issued by the Principal Secretary, Department of Co-operation directing the Commissioner, State Co-operative Election Authority to postpone all elections till March, 2022.

(2.) Learned Additional Government Advocate was directed to secure instructions from the Government as to whether the impugned circular was passed invoking the provisions of the Disaster Management Act.

(3.) Learned Additional Government Advocate has furnished a communication dtd. 24/1/2022 made by the Principal Secretary to the learned Additional Government Advocate. On the basis of the communication, learned Additional Government Advocate submits that the intention of the Government was to ensure that COVID - 19 protocol regarding maintenance of social distance should be followed and since it was felt that the protocol could not be followed, the postponement of elections was required. Nevertheless, the learned Additional Government Advocate submits on instructions, that the election in respect of respondent No.6 - Karnataka Telecom Department Employees Co-operative Society Ltd., which is scheduled to be held on 27/1/2022, may go on, provided the COVID - 19 protocol is strictly followed.