PADMARAJ TAVANAPPA ALAGAVADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions, the petitioners have challenged the validity of Sec. 20(2)(a-iii to v) of the Karnataka Co-operative Societies Act, 1959 (for short "the Act, 1959") on the ground that the same is ultra-vires and opposed to Articles 243-ZI and 243-Z0 of the Constitution of India. The petitioners have also sought writ of mandamus directing the respondents to permit them to participate in the election process by exercising their right of vote in the election that is scheduled to be held on 28/5/2023 for the management of the committee of the respondent - Society for the next term of five years, without applying Sec. 20(2)(a-iii to v) of the Act, 1959.

(2.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.

(3.) Learned AGA submits that the challenge made to the validity of Sec. 20(2)(a-iii to v) of the Act, 1959 has already been upheld by this Court in W.P. Nos.222833 & 222834-837/2020 and connected W.P. Nos.211616- 624/2020, which were disposed off on 10/9/2020 and the said order has attained finality. He submits that the petitioners have made a prayer to permit them to participate in the election process by exercising their right of vote without applying Sec. 20(2)(a-iii to v) of the Act, 1959 and by making such a prayer they have admitted that they have not participated in two consecutive General Body Meetings of the Society. He submits that the calendar of events for the election has been published on 8/5/2023 and the election is scheduled to be held on 28/5/2023 and in these circumstances, the petitioners cannot be permitted to participate in the election process. He submits that the petitions are liable to be dismissed on the ground of delay and laches as the petitioners have not approached this Court within a reasonable time. Learned counsel for the petitioner does not dispute the submission made by the learned AGA that the validity of Sec. 20(2)(a-iii to v) of the Act, 1959 as already been upheld by this Court.