THE BOARD OF DIRECTORS OF THE ANGADI SERVICE CO-OPERATIVE BANK LTD Vs. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Petitioner is the Board of Directors of the Angadi Service Co-operative Bank Ltd. No. 2770.The society has more than 10,000 members and has been classified as Class-I Special Grade Society . The term of the present Board of Directors of the society is due to expire on 7.11.2017 and therefore, the meeting of the Board of Directors held on 21.8.2017 had taken a decision to request the third respondent to conduct the next election to the board of directors of the society on 2.11.2017. According to the petitioner, on the basis of the decision the resolutions of the society and other necessary documents were forwarded to the third respondent under covering letter dated 24.8.2017. However, the third respondent has raised a query with respect to the status of ARC No.79/2012, pending before the Co-operative Arbitration court pertaining to the previous election.

(2.) According to the petitioner, a detailed reply was submitted by the Secretary of the Society pointing out that, the order of the Arbitration court permitting re-counting of votes of the previous election has been challenged in WP(C)No. 25828/2017 and the writ petition was disposed of on 23.8.2017 permitting re-counting by the arbitration court, overruling the directions of the arbitration court permitting an Advocate Commissioner to count the votes. The ARC is still pending. However, according to the petitioner, the Election Commission has not notified the election to the board of directors of the society. It is also submitted that, any further delay in notifying the election would result in a situation where there would not be sufficient time to conduct the election going by the schedule prescribed under Rule 39A of the KCS Rules, 1969. It is also stated that, a proper request is made in order to conduct the election and the respondents are duty bound to notify the election in accordance with the resolution passed by the society. It is thus seeking appropriate direction to conduct the election at the earliest, this writ petition is filed.

(3.) Heard learned counsel for the petitioner, leaned Government Pleader and counsel appearing for the additional