MOHAMMAD ARIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners filed the present writ petitions for a writ of certiorari to quash election process as per the calendar of events issued by the 3rd respondent dated 31.10.2017 vide Annexure 'A' and writ of mandamus to direct Respondent Nos.3 and 4 to issue fresh calendar of events and voter list in compliance of the circular dated 04.08.2015 as per Annexure 'D'.

(2.) It is the case of the petitioners that they are the members and shareholders of the 4th respondent/ Co-operative Society bearing Account Nos.917 and 443 respectively. According to the petitioners, there are 1246 members in the 4th respondent/Society who are eligible for voting in the election and the term of office bearers of the Society has expired and as such the 3rd respondent is appointed as Returning Officer for the purpose of conducting election and on the strength of the same, he has issued calendar of events to conduct fresh election for the purpose of electing new office bearers to the Society. Accordingly, as per Annexure 'B', a draft voters' list was prepared on 04.11.2017.

(3.) It is further case of the petitioners that they are the active members of the Society and participated in the affairs of the Society from more than five years and they have also attended General Body meetings of the Society every year and eligible to exercise their votes in the election of the Society. The things stood thus, in the year 2017 the term of office bearers of the Society came to an end. Therefore, the 3rd respondent is empowered to conduct fresh election to the Society. As such that on 31.10.2017, the 3rd respondent issued calendar of events by fixing the date of election as 24.12.2017. It is also contended that after issuance of calendar of events, on 13.12.2017, the 3rd respondent issued final voters' list of defaulters as well as non-defaulters. In so far as the non- defaulters are concerned, 38 members out of 1246 members are held to be eligible for voting in the election. Therefore, the petitioners make a representation to the 3rd respondent as per Annexures 'E' and 'F' sought to permit them to participate in the election. In spite of the same, they have not rectified the voters' list. Therefore, the petitioners are before this Court for the relief sought for.