SUBASH CHANDRA RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the appellants, the learned counsel appearing for the third and fourth respondents and the learned Additional Government Advocate appearing for the first and second respondents. We have also heard the learned counsel appearing for the sixth respondent.

(2.) In the writ petitions filed by the appellants, the first prayer was for quashing the declaration of results declared on 10th January 2019. The results were of election to the Board of Directors of the fifth respondent-Cooperative Society. The second prayer made in the writ petitions filed by the appellants was for directing the fourth respondent - the Returning Officer to hold fresh election from the stage of voting after publishing the final voters list in conformity with the order dated 8th January 2019 passed by the learned Single Judge in Writ Petition No.851 of 2019. The said writ petition was filed by one Shankar Bhat.

(3.) By the order dated 8th January 2019 passed by the learned Single Judge in the said writ petition, interim direction was issued directing that the Returning Officer is at liberty to prepare and conduct the election to the fourth respondent - Society in accordance with the list of members without insisting on compliance with Section 20(2)(a-iv)(a-v) of the Karnataka Co-operative Societies Act, 1959. The learned Single Judge also observed that the election will be subject to outcome of the said writ petition.