C.V.MAHALINGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned Senior Advocate Mr.D.R.Ravishankar assisted by learned advocate Mr.Nagaraju for the appellants, learned Additional Advocate General Smt.Prathima Honnapura with learned Additional Government Advocate Ms.Niloufer Akbar for respondent Nos.1, 3 and 4 and learned advocate Mr.A.C.Balaraj for respondent No.5.

(2.) The present appeal was directed against the order dtd. 22/1/2024 passed by learned Single Judge. The petition was disposed of with the following observations in paragraph 6 of the order, "It is needless to say that if all the procedures contemplated are completed much before the intended date of election i.e. 4/7/2024, the Co-Operative Election Officer may also take necessary steps to complete the election as early as possible given the fact that the administrator is appointed to board of the Union."

(3.) The dispute is related to holding of elections to the Board of respondent No.5-Tumkur Co-operative Milk Producers Societies Union Limited for the next term of five years from 2023 to 2028. It was stated by the petitioners in the petition that respondent No.5- Society was a secondary/federal co-operative society which had 1380 members of its primary co-operative societies. It was registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Societies Act') and that the last elections were held for the term of 2018-2023. In view of expiry of the term, the elections had become due. The resolution was passed for conducting the elections and a representation was given to respondent No.2-Co-operative Election Commissioner for holding elections expeditiously and within time.