V.BALARAM Vs. CO-OPERATIVE ARBITRATION COURT

JUDGEMENT

(1.) Both the captioned writ appeals arise from the common judgment dated 10.01.2019 in WP(C)Nos.61/2019 and 235/2019. The former appeal is arising from the judgment in WP(C)No.61/2019 and the latter appeal is arising from the judgment in WP(C)No.235/2019. In both these appeals common question was posed for consideration. Essentially, the question was whether the Co-operative Arbitration court could interfere with an Election Petition to the Board of Directors of a Society under the Co-operative Societies Act (for short 'KCS Act') before polling and declaration of the result, in a petition filed under Section 69 of the KCS Act. Evidently, the said question was answered in the negative by the learned single Judge. Though it was answered in the negative, none of the party respondents preferred any appeal challenging the said finding of the learned single Judge on that issue. In the captioned appeals the only grievance is with respect to the non fixation of date for polling by the learned single Judge, in the common judgment. In that context it is to be noted that when these appeals came up for consideration, a Division Bench of this Court passed an interim order dated 23.01.2019 whereby and whereunder an interim direction was issued to the official respondents to conduct the election (including polling and declaration of results) on 03.02.2019 at the same venue as was mentioned in the election calendar dated 09.11.2018.

(2.) When this matter was taken up for consideration today, the learned counsel on all sides submitted that as directed by this Court election was conducted on 03.02.2019 and the result was also declared. Further, it is submitted by the learned counsel for the appellants that subsequent to the declaration of the result the Committee had also assumed office. In such circumstances, it is submitted that nothing survives for further consideration in these appeals. On considering the issue posed for resolution in the captioned appeals we are also of the considered view that owing to the aforesaid subsequent developments, nothing survives for further consideration. In such circumstances, recording the aforesaid fact, that the election as ordered by this Court had taken place on 03.02.2019 and the elected members have assumed office on the same day, these appeals are closed as nothing survives for further consideration.