KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two appeals W. A. No. 1215/08 and W. A. No. 1223/08 arises out of and directed against the common order passed by the learned single Judge of this Court dated 23-7-2008 in W. P. No. 6209/08.

(2.) THE essential facts of the case leading up to these appeals with reference to the rank of the parties in the writ petition are as follows : w. P. No. 5032/08 was filed seeking for quashing of the order passed by respondents 3 and 4 in Writ petition and consequent calendar of events published as per Annexure-A to the writ petition. It is the case of the writ petitioners that writ petitioners are the residents of Yarahalli Village and members of the second respondent Yarahalli Milk Producers co-operative Society. The calender of events dated 13-2-2008 was notified for election to the committee of management of the society. However, by order dated 21-3-2008, the said election was postponed indefinitely by the same Election Officer on the apprehension that there was law and order situation and likelihood of breach of peace in the area and therefore the elections were stalled.

(3.) IT is the contention of the petitioners that when once the calendar of events had been published, the Election Officer ought to have completed the election as per the calendar of events and was not justified in postponing the elections indefinitely and wherefore sought for direction that decisions be held as per the calendar of events published from the stage of publication of calendar of events by the election Officer. In the said writ petition, an application was filed for impleading by persons alleging that the voters list had not been properly prepared and their names had been omitted from the list of members and voters. They were impleaded as respondents 6 to 10. Respondents 3 and 4 resisted the petition contending that the postponement of elections was inevitable as the developments at the office of the society and in the surrounding locality led to the apprehension that there could be breach of peace, particularly, as there was some scuffle between the rival factions contesting for the election and in the wake of some members complaining that their names do not figure in the voters list and on the advice of the local police officers, the elections were postponed indefinitely.