LAWS(KAR)-2023-8-202

BHOJA POOJARI Vs. ASSISTANT REGISTRAR

Decided On August 28, 2023
Bhoja Poojari Appellant
V/S
ASSISTANT REGISTRAR Respondents

JUDGEMENT

(1.) The petitioners were aggrieved by the interim order of stay passed by respondent No.1-Assistant Registrar of Co-operative Societies, staying the results of election which were declared on 9/7/2023. Therefore, this Court passed an interim order on 26/7/2023 staying the impugned order passed by the Assistant Registrar of Co- operative Societies (ARCS for short).

(2.) Learned Counsel for the contesting respondent who is the person who has raised the election dispute before the Assistant Registrar of Co-operative Societies, submits that the writ petition may be allowed and the ARCS may be directed to consider the election petition and dispose of the same within a timeframe.

(3.) Consequently, the writ petition is allowed. The impugned order dtd. 17/7/2023 at Annexure 'D' passed by the first respondent-ARCS is hereby quashed and set aside. There cannot be an interim order of stay of the results of the elections during pendency of the consideration of the election petition. In that view of the matter, the first respondent-ARCS is directed to consider the election dispute after giving opportunity of hearing to all the parties before the authority and pass necessary orders and dispose of the Election Petition as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. Pending I.As. if any, stand disposed of.