B M KRISHNAPPA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE short question involved in this Writ Petition is, whether the tenure of office of a elected person can be curtailed or restricted in the proceedings recorded contrary to the provisions of bye-laws?

(2.) THE 3rd respondent Karnataka Pradesh Krishik Samaj (hereinafter referred to as Samaj) is a society registered under the erstwhile Mysore Societies Registration Act in the year 1940. It was formed for the welfare of the agriculturists in the State of Karnataka. As per the bye-laws of the Samaj, it consists of Taluk, District and state Committees. In the elections held on 16. 5. 2001 the petitioner got unanimously elected as State representative. As per the byelaws, the tenure of the elected body was five years. The petitioner was unanimously elected for the post of President. However, in the proceedings recorded by the 4th respondent, it has been mentioned that for the first one year the petitioner is unanimously elected and for the remaining four years the 5th respondent was unanimously elected. Hence, the earlier President Sri M. Yellappa, who presided over the proceedings, wrote letter at Annexure-D dated 20. 3. 2002 to the Returning Officer pointingout the wrong recording of the proceedings without bringing to his notice and requested him to rectify the same. Similar letters as per Annexure-D1 dated 21. 5. 2001, and annexures D2 and D3 were written. Even the petitioner also wrote letters as per Annexures F3 and 21. 5. 2002, F2 dated 1. 2. 2002 and f-4 dated 11. 9. 2002 pointing out that the period of elected body is for five years and requested to rectify the mistake. Since the 4th respondent did not take any steps, the petitioner has filed this Writ petition seeking a declaration that he is elected for a period of five years and to direct the respondents to consider the representations at Annexures D1 to D3.

(3.) IN the statement of objections filed on behalf of the 5th respondent justifying the proceedings recorded and seeking dismissal of the Writ Petition. Annexure-R1 is produced to show that petitioner has signed the proceedings dated 16. 5. 2001.