KRISHNA N.C. Vs. PUTTASWAMY

JUDGEMENT

(1.) SAGALAPALYA Milk Produce Co -operative Society is a society registered under the provisions of the Karnataka Cooperative Societies Act, 1959 (for short, the Act'). Elections to elect the members of the Board of Directors of the said society was held on 17.02.2014. Respondents 1, 5 to 13 unsuccessfully contested the elections. Respondents 2, 3 & 4 are the other members of the society.

(2.) RESPONDENTS 1 to 4 challenged the election by filing Election Petition No. 2/2014 before the Additional Civil Judge & JMFC, Channapatna. An application was filed in IA No. 1 seeking stay of the constitution of the committee by the elected Directors viz., petitioners herein in terms of the results announced on 17.02.2014, till the disposal of the suit. In the application which was supported by the affidavit filed by 1st respondent herein who was the former President of the society and who unsuccessfully contested the election, he contended that voters list was not properly maintained, in as much as, 26 persons were illegally deleted from the voters list apart from the fact that names of respondents 2, 3 & 4 herein were also not found place in the voters list though they were eligible members of the society and although their names were earlier included in the voters list. It was also contended that one of the elected candidates by name Siddaiah - 6th petitioner herein, has impersonated a dead person of the same name and although 6th petitioner was not the member and could not have contested the election, contested the election and got elected.

(3.) THE learned Civil Judge having considered the application, has come to the conclusion that the election petitioners had produced certain receipts relating to payment of membership fee and certified copy of the resolution passed in a meeting which took place on 05.02.2012 to show that names of petitioners 2 to 4 in the election petition was found in the list of voters and names of other 26 persons was not there in the list. Therefore, the learned Civil Judge came to the conclusion that names of petitioners 2 to 4 were left out and so also names of 26 persons had been removed and in addition, Siddaiah, S/o Puttegowda whose name was shown at Sl. No. 84 in the voters list as member of the society did not appear to be genuine by looking at the list of members who had supplied milk to the society for 180 days. Based on these findings, the learned Civil Judge has persuaded himself to pass the impugned order staying the constitution of the executive committee of the elected directors of the society, till the disposal of the election dispute. In this background, present petitioners are before this Court challenging the said interim order.