DEEPAK PANDURANGSA MAJIKONDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ Petitions No.57983-57984 of 2017 have been filed by the petitioners praying to issue a writ of certiorari or any other writ by quashing the order dated 13.12.2017 passed by 2nd respondent The Joint Director of Co-operative Societies directing appointment of the Deputy Director of Co-operative Societies as Administrator to run the 5th respondent Society i.e. The Sahasrarjuna Seva Kalyana Cooperative Bank Ltd., Hubli, as per Annexure-N and also to quash the order dated 18.11.2017 passed by 4th respondent The Returning Officer postponing the election as per Annexure-M and also to issue direction to continue to conduct and proceed with the election process from the stage where it has stopped as notified in the Calendar of Events dated 2.11.2017 in accordance with the Act and Rules and the Bye-laws as per Annexure-D.

(2.) It is the contention of the learned counsel Sri.Harsha Desai, who is appearing for the petitioners that 1st petitioner is the Chairman and 2nd petitioner is the Ex-chairman of respondent No.5 Society. They are very much interested in the welfare of the 5th respondent Society. The learned counsel by referring to Article 243-ZK of Chapter IXB of the Constitution of India submitted that it is mandatory to hold election of the Members of the Board before expiry of the term of the existing Board so as to ensure that newly elected members assume office immediately on the expiry of the term of office of the outgoing members. It is further submitted that Section 20(2)(a-iv) and (a-v) of the Karnataka Cooperative Societies Act, 1964 amended and it came into force on 11.2.2013. He further submitted that byelaws of the Society were also amended in pursuance of the amendment to the Constitution as per Annexure-A and was given effect from 6.2.2014. He further submitted that last election was held on 14.12.2012, as five years period expires on 13.12.2017. He further submitted that by keeping in view the said facts, information was given to the election authorities to conduct the elections on 24.4.2017. By virtue of the said intimation the election process was started on 1.9.2017 by appointing the Returning Officer. He further submitted that thereafter the process of election was started, but no objections were filed by any of the members of the society to the Voters list. Calendar of Events issued in connection with holding of the election, now the other members cannot contend that the voter list is not in accordance with rules and there is violation of the rules. He further submitted that as per Rule 14G of the Karnataka Co-operative Societies Rules , 1960 (hereinafter called as 'Rules) procedure has been followed and as per Annexure-G two women candidates were selected unanimously and the said selection has not been challenged. By relying upon the said aspect he further submitted that the writ petitions filed to quash the elections by ineligible candidates are not maintainable. He further submitted that once the Calendar of Events were issued, this Court cannot interfere with such process until and unless some malafides are attributed in the process of election. In order to substantiate the said contention he relied upon a decision in the case of Shaji K. Joseph Vs. V. Viswanath and Others reported in, 2016 4 SCC 429. He further submitted by relying upon the decision in the case of Belthangadi Taluk Rubber Belegar Marat and Samskarn Sahakar Sangat Niyamit Ujre and Others Vs. State of Karnataka and Others reported in,, 2015 3 KCCR 2423 that, the existing Board shall have to continue. The continuance of the existing Board is not violative of Article 243-ZJ of the Constitution. He further submitted that by conjoint reading of Article 243-ZJ, 243-ZK and 243-ZL show that the term of the Board is five years from the date the members of the Board assume office and the State Act is not providing to hold the election before expiry of the term of the Board. In that light, the Board has to continue till the newly elected Board assumes the office any thing contrary to the above said provision will defeat the purpose and object of part-IXB of the Constitution. He further submitted that Section 28A (4) and (5) of the Act is not applicable since there was no delay by the Society to hold the elections. He further submitted that the appointment of the Deputy Director of Co-operative Societies by the Joint Director of Co-operative Societies as per Annexure-N is in violation of the said provisions and the same is liable to be quashed. He further submitted that the order dated 18.11.2017 postponing the election being arbitrary, erroneous and opposed to law and the same has to be quashed as per Annexure-M and further prayed to continue the election process from the stage where exactly it has been stopped. On these grounds he prayed for allowing the writ petitions.

(3.) The learned counsel appearing on behalf of respondents No.4 and 5 submitted that the election process has been started in accordance with the byelaws and there are no good grounds to interfere with the process of election which has been already started. This Court cannot hold the elections once the process has been started. On these grounds he prayed for dismissal of the writ petitions.