B D MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN all these cases, since common questions of fact and law are involved and these petitioners have sought the common reliefs, these petitions have been clubbed together and a common order has been passed.

(2.) IN Writ Petition No. 35501 of 2004, the petitioner has sought to declare that, the postponement of the election to the Board of management of the 3rd respondent-Bank scheduled to be held as per the calendar of events, vide Annexure-A, dated 10-8-2004, as illegal and without jurisdiction and also to direct the respondents to proceed with the election process as per the calendar of events from the stage, at which, it is interrupted by publication vide Annexure-C, dated 4-9-2004.

(3.) THE petitioner is claiming to be the member of the 3rd respondent-Bank and he is eligible to contest in the election. The term of the office of the members of the Board of Management of the 3rd respondent-Bank has come to an end. To elect the New Board of Directors by way of election, the 2nd respondent had issued the calendar of events on 10-8-2004. As per the calendar of events, the voters list has been published on 27-8-2004 and the last date for filing the nominations was on 4-9-2004. The petitioner intending to contest the election from general seat has filed his nomination vide Annexure-B. Be that as it may, to shock and surprise of the petitioner, the 2nd respondent has issued a publication, postponing the election by referring a Government Order, vide annexure-C. The copy of the Government Order referred in Annexure-C, is produced at Annexure-D. Further, the petitioner contended that, the election process has already been commenced and he has already filed his nomination on the date fixed in the calendar of events and all the preparations are made for the election. Apart from the petitioner, many candidates have filed their nominations to contest the election. Be that as it may, in view of postponement of elections on the basis of the government Notification vide Annexures-C and D referred above, the petitioner felt necessitated to present this writ petition, seeking the reliefs as stated supra.