BITTAGOWDANAHALLI MILK PRODUCERS CO OP SOCIETY LTD Vs. RETURNING OFFICER ASST COMMISSIONER CHANNARAYAPATNA

JUDGEMENT

(1.) THESE writ petitioners (twenty-two in number) claiming to be members of r-2 society called hemavathi sahakara sakkare niyamita, have sought for quashing the endorsement at Annexure-D dated October 4, 1995 issued by the managing director of r-2 and for a direction to r-1 and 2 to permit them to participate in the election to be held on November 5, 1995 to elect the board of directors.

(2.) R-2 society is registered and functioning under the karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as the 'act' ). It would appear that its first board of directors was constituted by the state government and no elections were held till about the year 1995. One shivalinge gowda, therefore, filed a writ petition in W. P. 14616/1995 for a writ of mandamus directing the state of karnataka, registrar of co-operative societies and three others to hold election to elect its directors at an early date. The writ petition came to be disposed of on July 14. 1995 (copy of which is at Annexure-E ) directing the respondents to hold elections of directors on or before September 30, 1995 in accordance with the government notification No. Dsk/agm-1/95-96, dated April 27, 1995. As the things stood thus, it would appear that on September 30, 1995 government issued another notification superseding earlier notification referred to in the writ petition and directed the co-operative sugar factories to hold election between november 15, 1995 and November 31, 1995. Pursuant to this notification, it would appear that an application was filed before this court seeking permission to hold election between those two dates and that application came to be rejected on September 20, 1995. It is stated that in view of the rejection of the application, action was initiated to hold election and accordingly calendar of events at Annexure-B dated September 20, 1995 was issued proposing to hold the election on October 15, 1995. It is further stated that after the process of election commenced pursuant to the calendar of events at annexure-b, a publication was issued postponing the election to November 5. 1995 in view of law and order problem that existed in the area. Accordingly, another calendar of events dated October 30, 1995 was issued proposing to hold elections on November 5, 1995.

(3.) PETITIONERS contend that they made applications for enrolling them as b-class members of r-2 society and in fact they were enrolled as members between September 5, 1995 and September 14. 1995. Therefore, they were entitled to participate in the election proposed to be held on october 15, 1995 and postponed to November 5, 1995. Despite the fact they were enrolled as members 30 days prior to the date of election, their names were not included in the list of voters and as such made a representation to r-2 society. In reply, managing director issued an endorsement at Annexure-D dated October 4. 1995 informing that such of those members who are enrolled before august 30, 1995 alone are included and petitioners having paid the share capital between September 5, 1995 and September 14, 1995, their names are not included in the list. Petitioners have sought for quashing this endorsement.