1 Reserved on : 25.03.2025 Pronounced on : 04.04.2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 04TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.107121 OF 2024 (CS – EL/M) BETWEEN: 1 . SHIVALLI MILK PRODUCER CO-OPERATIVE SOCIETY, SHIVALLI AT/PO: SHIVALLI TQ. AND DIST: DHARWAD – 580 112 REP. BY CHIEF EXECUTIVE OFFICER 2. SRI SHIVAPUTRAPPA MORAB S/O PARUTAPPA MORAB AGED ABOUT 54 YEARS OCC: DIRECTOR/AGRI TQ AND DISTRICT: DHARWAD – 580 112. 3. SRI RAVI KADAM S/O HANUMANTAPPA KADAM AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 4. SRI SHANKRAPPA DHARWAD S/O BHARAMAPPA DHARWAD AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI R 2 AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 5. SRI SHANKRAPPA MUGAD S/O VEERAPPA MUGAD AGED ABOUT 58 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 6. SRI SANTOSH LAMBI S/O SANNABASAPPA LAMBI AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 7. SRI BASAVARAJ MUDDI S/O SHIVAPPA MUDDI AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 8. SRI RAJASHEKAR MUDDI S/O KALLAPPA MUDDI AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 9. SMT. SAVITRI CHIKKAMAT W/O SHANKRAYYA CHIKKAMAT AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 3 10. SMT. YALLAVA SHIRAGUPPI W/O DANAPPA SHIRAGUPPI AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 11. SRI SHEKAPPA TALAWAR S/O DURUGAPPA TALWAR AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 12. SRI RAVI BARKER S/O SHIVAPPA BARKER AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. 13. SRI MANJUNATH KALLIMANI S/O SHIVAPPA KALLIMANI AGED ABOUT 54 YEARS OCC: DIRECTOR/ARGI AT/POST: SHIVALLI TQ AND DISTRICT: DHARWAD – 580 112. ... PETITIONERS (BY SRI JAYAKUMAR S.PATIL, SR.ADVOCATE FOR SRI RISHIKESH M.KOTTURSHETTAR, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA THE REGISTRAR CO-OPERATIVE DEPARTMENT ALI ASKAR ROAD 4 BENGALURU - 560 001 2. THE REGISTRAR CO-OPETATIVE DEPARTMENT ALI ASKAR ROAD BENGALURU – 560 002. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY OFFICE OF THE DRCS GROUND FLOOR TEGUR BUILDING NEAR NTTF P.B.ROAD, DHARWAD DHARWAD DISTRICT – 580 001. 4. RAMESH BAGALI THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY DHARWAD – 580 001. DHARWAD DISTRICT. 5. THE RETURNING OFFICER MILK PRODUCER CO-OPERATIVE SOCIETY, SHIVALLI AT POST SHIVALLI TQ AND DISTRICT: DHARWAD - 580 025. 6. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY CO-OPERATIVE DEPARTMENT DHARWAD – 580 001. ... RESPONDENTS (BY SRI GANGADHAR J. M., AAG FOR SMT. KIRTILATHA R.RATIL, HCGP) 5 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER BEARING NO. DRZ/CHUNAVANE/CR-128/2024-25/605 DATED. 15.11.2024 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-A. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.03.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA CAV ORDER The petitioners are before this Court calling in question an order dated 15-11-2024 passed by the 3rd respondent/Deputy Registrar of Co-operative Societies by which the claim of the petitioners had been turned down. The petitioners seek a consequential mandamus to continue petitioners 2 to 13 as members of the Board till the election is held for the 1st petitioner/Shivalli Milk Producers Co-operative Society (‘the Society’ for short) for the year 2024-25. 6 2. Heard Sri Jayakumar S.Patil, learned senior counsel appearing for the petitioners; Sri J.M. Gangadhar, learned Additional Advocate General appearing for respondents 1 to 3 and 6; Sri Vijay S. Chiniwal, learned counsel appearing for proposed respondents 8 to 19; Sri A.B. Patil, learned counsel appearing for proposed respondents 20 to 164 and Sri Girish R Kallapur and Sri Venkatesh R Bhagat, learned counsel appearing for proposed respondent No.7 and proposed respondents 165 to 201. 3. The 1st petitioner/Society gets registered under the Karnataka Co-operative Societies Act, 1959 (‘the Act’ for short) on 01-08-1969. The issue does not pertain to the functioning of the Society or otherwise. On 06-01-2020 elections to the 1st petitioner/Society takes place and petitioners 2 to 13 are elected as Members of the Board for a term of five years. The Board of Directors is said to have passed a resolution, on nearing completion of five years term, to hold elections to the 1st petitioner/Society and directed petitioners to furnish all necessary information under Rule 13B of the Karnataka Co-operative Societies Rules, 1960 (hereinafter referred to as ‘the Rules’ for short). The 1stpetitioner 7 submits all necessary information along with documents as obtaining in Form 13D appended to the Rules and placed a request to conduct elections before completion Board’s term. On 22-06-2024, the Society passed a resolution to issue notices to its members as obtaining under Rule 13D(2A) (i) to (v) inviting objections to the draft ineligible electoral list within 15 days again in terms of the Rules. The notice so issued is appended to the petition. The 3rd respondent then appoints a Returning Officer to conduct elections to the 1st petitioner/Society and immediately thereafter issues a corrigendum. On 06-11-2024, one of the Members/Sri Kallappa Bharamappa Kali files objections to the approving of the electoral list and scheduling the election, based upon which, the 3rd respondent issues notice summoning the 1st petitioner. It is at this stage, the petitioners knocked at the doors of this Court in the subject petition. 4. The leaned senior counsel Sri Jayakumar S.Patil appearing for the petitioners, taking this Court through the documents appended to the petition, would seek to demonstrate that all the ineligible members of the Society have been served with the notice 8 as necessary under Section 13D(2A) by ‘muddam’. None of the persons have objected thereto, except the aforesaid Sri Kallappa Bharamappa Kali, who contends that he has not received the notice and his signature is forged. Therefore, the learned senior counsel submits that there is compliance with the aforesaid Rule and it cannot be said that ineligible list of voters is not made known to the members. It is his emphatic submission that knowledge of ineligible voters list is enough and not the mode of communication of such knowledge. He would further seek to place reliance upon the Government order which directed continuance of the body that was holding the office, till the elections are conducted and declared. In effect, it is his submission that no Administrator should be appointed for the conduct of elections, notwithstanding the fact that the tenure of the members of the Board of the 1st petitioner/Society had come to an end. It is his further submission that in all the Societies where elections were held during the same period, the insistence of service of ineligible voters list by way of registered post is given a go-bye. It is only in this society the State is insisting that it should be in terms of the Rules. He would contend that the 9 State cannot practice a method of pick and choose for implementation of Rules. 5. Per-contra, the learned Additional Advocate General would vehemently refute the submissions by taking this Court through the Rules and would submit that Rules mandate that ineligible voters list should be served only by registered post. The proof of service would be enough. It is an admitted fact that in the case at hand the notice of ineligible voters list is not served by registered post, but by muddam. There lies the problem. If it is by muddam, some members have now objected that they have not received notice and some members have contended that their signatures are forged. Therefore, the learned Additional Advocate General would submit that following the Rules is the mandate of law. Mode of service is depicted under the Rules. It cannot be done by any other mode. He would seek to place reliance upon the judgment of the coordinate Bench and that of the Division Bench, both of which would bear consideration in the course of the order. 10 6. The learned counsel Sri Venkatesh R. Bhagwat who seeks to implead in to these proceedings on the score that he was the one who had filed objections before the 3rd respondent but has not been made a party in these proceedings would contend that it is not only him, but there are several others who would dispute receipt of ineligible voters list. He would contend that it is the mandate of law and that no amount of flexibility can override the mandate of law. He would also seek to place reliance upon the very judgments that the learned Additional Advocate General would seek to place reliance upon. 7. The learned senior counsel for the petitioners would again contend that Government has to answer as to why it has adopted a policy of pick and choose. It is an admitted fact that in every other Society where elections were to be held, service by way of muddam is accepted except this Society. The learned Additional Advocate General would join issue to contend that two wrongs will not make one right. Merely because nobody has objected to muddam service of notice in other Societies, that does not mean that the procedure stipulated in law should be ignored. 11 8. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 9. The afore-narrated facts are not in dispute. It would suffice, if the narration of the issue in the lis would commence from 06-01-2020. Elections to the 1st petitioner/Society was held on 06-01-2020 and petitioners 2 to 13 were elected as office bearers of the 1st petitioner. The term was for a period of five years. The petitioner No.5 serves as a Chairman of the Karnataka Milk Federation, Dharwad. The term of five years was to come to an end on 05-01-2025. 10. Certain provisions of the Karnataka Co-operative Societies Rules are germane to be noticed for consideration of the issue in the lis. Rule 13A, 13B and 13D read as follows: “13-A. Issue of identify card to members: The Chief Executive shall issue to every member of the society an identify card indicating the name of the society, full name, membership number, age and residential address 12 of the member. The recent passport size photo of the member shall also be affixed on the identity card of the society duly signed by him and attested by the Chief Executive under the seal of the society. 13-B.Co-operative Election Authority (CEA):- (1) The Co-operative Election Authority may formulate guidelines for preparation of the electoral rolls and for the conduct of elections of all co-operative societies in the state. (2) Every cooperative society shall furnish such documents and information which the Co-operative Election Authority may require from time to time. (3) The salary and allowances of the Co-operative Election Authorities shall,- (a) if he is in service, he shall continue to draw the pay and allowances applicable as per his service conditions, (b) if he is not in service, he shall be paid a salary equal to the salary drawn with basic pay at the lost pay drawn of the pay scale applicable to primate secretary or secretary to this sort. After deducting the pension amount from the total emoluments drawn. (c) The conditions of service relating to the payment of travelling allowance, house rent allowance, conveyance facilities, sumptuary allowance, medical facilities, leave facilities shall be as applicable to a principal secretary or secretary to the government. (4) The salary and allowances of the Secretary of the Co-operative Election Authority shall be as under- (a) He shall continue to draw the pay and allowances applicable as per his service conditions. 13 (5) The salaries, allowances, retirement benefits and the terms and conditions of service (including conduct, discipline and control) of the officers and other employees of the Co-operative Election Authority shall be such as those applicable to the Corresponding category of employees of the State Government. … … … 13-D. Preparation of Electoral Rolls and calendar of events. (1) Election Officer shall, after due verification, send a consolidated list of all cooperative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating there in the following particulars:- (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer of the district, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the cooperative societies indicating the name and address of each society; (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely. – (i) for publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and 14 members not utilizing such minimum services or facilities in a co-operative year as specified in the bye laws for three consecutive cooperative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every cooperative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. (v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Co-operative Election Authority shall take steps,- 15 (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayments will fall due before the date fixed for publication of final electoral roll at least forty five days before the date of general election calling for objections, if any, and calling upon the defaulter members to repay the amounts due to the Cooperative Societies at least fifteen days before the date of general election. (b) for publication of final eligible voters list on or before fifteen clear days prior to the date of election. Provided that the draft list of eligible members and delegates with right to vote, the list of defaulters and the list of other members and delegates who are not eligible to vote as also the final list of electoral rolls and the election calendar shall be announced on the notice board of the concerned Co-operative Society and its branches, if any, the local office of the department of co-operation, website if any of the co-operative society and such other prominent places having access to the members and delegates of the co- operative society. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to prepare the electoral rolls, as directed by the Co- operative Election Authority. (5) The chief executive of every cooperative society shall prepare(i) a draft list of the eligible members or representatives and delegates with right to vote,(ii) the list of members whose repayments will fall due before the date fixed for publication of final electoral roll (iii) and the list of defaulters (iv) to the society and list of other members or representatives and delegates who are not eligible to vote at a general election on the basis of entries in the updated membership register specifying,- (a) the name of the member or representative admission number, the name of the parent or husband and the 16 address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, name of the delegate proposed to represent the society in the case of a member society; and submit the said lists to the Election Officer along with the related books, records documents and any other information as the Election officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the chief executive of the co-operative society to obtain from the member society, the name of an authorized member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,- (a) all the individual members with right to vote in respect of a primary cooperative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary cooperative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for,- (a) date of notification inviting nomination; (b) last date for receipt of nomination; 17 (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” (Emphasis supplied) The afore-quoted Rules form the fulcrum of consideration of the issue projected. Rule 13D deals with preparation of electoral rolls and calendar of events. Rule 13D(2A) mandates that the election officer shall take steps for publication of voters list who are not eligible to vote in the manner specified therein. Sub-clause (ii) therein mandates that the Chief Executive of every Cooperative Society shall send above prepared notice to all ineligible members fifteen days prior to six months to the date of election of the Board by registered post and an opportunity shall be given to such members to file their objections, if any, within fifteen days from the date of notice. Clause (iii) therein mandates that the Chief Executive of every Cooperative Society shall submit the list of ineligible voters to the Election Officer along with their objections 18 and also produce records pertaining to the absence from general body meeting or any other ineligibility that they have incurred. The final list of ineligible voters would be published on or before fifteen clear days prior to the date of election. The aforesaid is the mandate of law. Its compliance is what is in dispute in the lis. In terms of law, 195 days prior to expiry of the term, the notice of ineligible voters list is said to have been sent by muddam or by hand and the notice is dated 22-06-2024. To the notice, the list of ineligible voters is appended. Some of them have signed for having received the notice and some of them have affixed their thumb. All was well and an order is passed by the 3rd respondent declaring elections. 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CfðzÁgÀgÀÄ ªÁºÀ£À ¸ÀªÀĸÉåAiÀiÁVgÀĪÀÅzÀjAzÀ vÀqÀªÁV §A¢gÀĪÀÅzÁV w½¹zÀÄÝ. ºÁUÁV 2. «ZÁgÀuÉUÉ §gÀ®Ä vÀqÀªÁ¬ÄvÀÄ JAzÀÄ w½¹gÀĪÀzÀjAzÀ CºÀªÁ®£ÀÄß ¥ÀjUÀt¸À®Ä «£ÀAw¹gÀĪÀÅzÀ£ÀÄß "¥ÀjUÀt¹, ¸ÁªÀiÁfvÀ »vÀzÀȶ֬ÄAzÀ «ZÁgÀuÉAiÀÄ£ÀÄß ªÀÄÄAzÀĪÀgɹzÀÄÝ, FPɼÀV£ÀAvÉ °TvÀ ºÉýPÉAiÀÄ£ÀÄß ¸À°è¹gÀÄvÁÛgÉ. 2) CfðzÁgÀgÁzÀ ²æà PÀ®è¥À ¨sÀgÀªÀÄ¥Àà PÁ½ EªÀgÀÄ ¸ÀAWÀzÀ DqÀ½vÀ ªÀÄAqÀ½ ZÀÄ£ÁªÀuÉUÉ ¸ÀA§A¢ü¹zÀAvÉ, PÀ.¸À.¸ÀA. ¤AiÀĪÀÄUÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 r(2-J) gÀ£ÀéAiÀÄ ZÀÄ£ÁªÀuÁ ¢£ÁAPÀQÌAvÀ ¥ÀǪÀð PÀ¤µÀ× 195 ¢£ÀUÀ¼À £ÉÆÃa¸ÀÄ £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ ¸ÀAWÀzÀ ¸ÀzÀ¸ÀåjUÉ eÁj ªÀiÁqÀĪÀÅzÀÄ. PÀqÁØAiÀÄ DVgÀÄvÀÛzÉ, CzÁzÀ£ÀAvÀgÀ ¤AiÀĪÀÄ 13 r (2-J gÀ°è PÀqÁØAiÀĪÁV ¥Á®£É ªÀiÁrzÀ £ÀAvÀgÀ CAzÀgÉ 195 ¢£ÀUÀ¼À ªÀÄÄAavÀªÁV £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ £ÉÆÃn¸ÀÄ eÁj ªÀiÁrzÀ £ÀAvÀgÀ ¸ÀzÀ¸ÀågÀÄ ºÉýPÉ/vÀPÀgÁgÀÄ ¥ÀqÉzÀ £ÀAvÀgÀ Da²ªÀÄ CºÀð ªÀÄvÀzÁgÀgÀ AiÀiÁ¢AiÀÄ£ÀÄß ¥ÀæPÀn¹, ZÀÄ£ÁªÀuÉ dgÀÄV¸À®Ä «£ÀAw¹, DzÀgÉ ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀ ¤. ²ªÀ½î vÁ: f: zsÁgÀªÁqÀ EªÀgÀÄ ¤AiÀĪÀÄ 13 r(2-J) 20 gÀ£ÀéAiÀÄ £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ £ÉÆÃn¸ÀÄ eÁj ªÀiÁrgÀĪÀÅ¢®è. PÁgÀt £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ 195 ¢£ÀUÀ¼À £ÉÆÃn¸ÀÄ eÁj ªÀiÁrzÀ £ÀAvÀgÀ CºÀð, C£ÀºÀð ªÀÄvÀzÁgÀgÀ AiÀiÁ¢AiÀÄ£ÀÄß ¥ÀæPÀn¸À®Ä «£ÀAw¹ ºÉýPÉAiÀÄ£ÀÄß ¸À°è¹gÀÄvÁÛgÉ. G¨sÀAiÀÄvÀgÀgÀ ºÉýPÉAiÀÄ£ÀÄß ¥Àj²Ã°¹, PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 D (2-A) ¥Àæw ¸ÀºÀPÁgÀ ¸ÀAWÀzÀ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ J¯Áè C£ÀºÀð ¸ÀzÀ¸ÀåjUÉ ªÉÄð£ÀAvÉ ¹zÀÞ¥Àr¹zÀ £ÉÆÃl¸ï C£ÀÄß 6 wAUÀ¼À ªÉÆzÀ®Ä ªÀÄAqÀ½AiÀÄ ZÀÄ£ÁªÀuÉAiÀÄ ¢£ÁAPÀPÉÌ 15 ¢£ÀUÀ¼À ªÉÆzÀ®Ä £ÉÆÃAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ PÀ¼ÀÄ»¸ÀvÀPÀÌzÀÄÝ JA§ ¤AiÀĪÀÄ«zÀÝgÀÆ ¸ÀºÀ ¸ÀzÀgÀ ¸ÀAWÀzÀ PÁAiÀÄðzÀ²ðAiÀĪÀgÀÄ F ¤AiÀĪÀÄ ¥Á®£Éà ªÀiÁqÀzÉà EgÀĪÀÅzÀÄ UÀªÀÄ£ÀPÉÌ §A¢zÀÄÝ, ºÁUÁV ¸ÀAWÀzÀ PÁAiÀÄðzÀ²ðAiÀĪÀgÀÄ ¤AiÀĪÀiÁªÀ½AiÀÄ G®èAWÀ£É ªÀiÁrgÀĪÀÅzÀÄ PÀAqÀħA¢zÀÄ. ¸ÁªÀiÁfPÀ £ÁåAiÀÄzÀ »vÀzÀȶ֬ÄAzÀ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 D (2-A) gÀ£ÀéAiÀÄ ªÀÄvÉÆÛªÉÄä C£ÀĸÀj¹, PÀæªÀÄ«qÀ®Ä ¸ÀÆa¹zÉ.” (gÀªÉÄñÀ ¨ÉUÀ°) ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, zsÁgÀªÁqÀf¯Éè, zsÁgÀªÁqÀ” It is at that stage the petitioners are before this Court. 11. The issue would be, whether the mode of service taken by way of muddam to all the members can meet the mandate of law. It, therefore, becomes germane to notice the order passed by the Division Bench in MYSORE AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LIMITED AND OTHERS v. STATE OF KARNATAKA AND OTHERS1 which though not considered the 1W.A.No.1333 of 2023 and connected cases decided on 02-01-2024 21 rigour of Rule 13D(2A), but considered Rule 13 as a whole. The Division Bench has held as follows: “IX. … … … (c) We are also conscious that the provisions of Rules that regulate the preparation for conducting elections in the Co-operative Societies do merit recasting so that there would be clarity as to which duty needs to be performed by whom and that by electoral process, new Boards are constituted before the expiry of the tenure of the existing ones. The proviso to section 39A obligates the CEA to ‘start the preparatory work for the preparation of the electoral rolls for and the conduct of the elections during the last six months prior to the expiry of the term of office of the board of a cooperative society.’ The provisions of Rules 13-C & 13-D cast a duty on the CEA to cause preparation & publication of list of eligible electors, list of defaulters and list of alarmed potential defaulters and thereafter to publish the ‘final eligible voters list on or before fifteen clear days prior to the date of election’. Under Rule 13-D(4), a duty is cast on ‘every society to furnish correct information required by the Election Officer to enable him to prepare the electoral rolls, as directed by the Co- operative Election Authority.’ Sub-Rules (5) & (6) of Rule 13-D cast a facilitative duty on the Chief Executive of every Co- operative Society in this regard. (d) We notice that Rule 13-C(2) of 1960 Rules mandates the Chief Executive of the Society to prepare electoral rolls, of course which go for the approval of jurisdictional EO. Rule 13-D(2) authorizes the CEA to publish the Calendar of Events for the preparation of electoral rolls and the conduct of elections of the Boards of Co-operative Societies. Rule 13-D(2)(A) directs the EO to take steps for publication of ineligible Voter List. Rule 13- D(4) casts a facilitative duty on every Co- operative Society in this regard. A similar duty also rests on the shoulders of Chief Executive of every Society in terms of sub-Rules (5) & (6) of Rule 13-D. There appears to be some incoherence in the provisions 22 inter se. They yield scope for amplifying the levels of clarity so that one entity does not blame the other and thereby escapes from its obligation, in the matter of taking steps preparatory to and conducting periodical elections. Much deliberation in this regard we do not intend to undertake. (e) In the light of above discussion, we are inclined to accept the submission of Prof.Ravivarma Kumar that all the adverse remarks made in the impugned judgements need to be expunged. That being done, we hasten to add that the CEA may treat itself as advised, hereafter to be more cautious & efficacious in discharging its functions and ensure the holding of periodical elections in very Co-operative Society, leaving no space for accusation/remarks of the kind. ‘There is scope for improvement even in heaven’, said Oscar Wilde (1854- 1900). More is not necessary to specify. X) AS TO DESIRABILITY OF CONDUCTING ELECTIONS TO THE BOARDS OF DCC BANKS EXPEDITIOUSLY: (a) All the above being said, we are of a considered view that the right to form a Co-operative Society itself being a Fundamental Right as already discussed above, the holding of elections to the Boards of DCC Banks, cannot be deferred or delayed indefinitely, as has deplorably happened in the cases at hands. Now that the CEA and the jurisdictional EOs are taking steps on a war footing, the process of elections should be accomplished in true letter & spirit of the impugned judgements. At the same time, we permit marginal relaxation qua the timelines prescribed by the extant Rules and also the period fixed by the learned Single Judge in his order dated 10.10.2023, keeping in view the apparent difficulties the authorities may counter in the exercise. Since this concession is being made in the peculiar circumstances of the case, no one need to have an apprehension that this view would be having any precedential value, for being tapped in any other case.” (Emphasis supplied) 23 The Division Bench was affirming the order of the learned single Judge. The learned single Judge considers the mandate of Rule 13D(2A), but not with regard to mode of service, but with regard to the mandate of timeline i.e., 6 months from the date of expiry of the term. The learned single Judge has, in the case of M.KUMAR AND OTHERS v. STATE OF KARNATAKA2 held as follows: “8. As per the Act and the Rules made thereunder, the responsibility of conducting the elections is both on the Chief Executive Officer of the Society as well as the Election Authority. The role of the Chief Executive Officer becomes important in preparation of the electoral roll. 9. Rule 13-D(2-A) of the Rules reads as under: "Rule 13-D: Preparation of Electoral Rolls and calendar of events.- (1) xxx (2) xxx (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.- (i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of 2W.P.No.20333 of 2023 and connected cases decided on 10-10-2023 24 the last five annual general body meetings and members not utilizing such minimum services or facilities in a co-operative year as specified in the byelaws for three consecutive co-operative years. (ii) The chief executive of every co- operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co- operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. (v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from 25 the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election." 10. Section 39-AA (clause 15) of the Act reads as under: "Section 39-AA: Co-operative Election Commission.- (1) TO (14)- xxx (15) The board of every cooperative society shall.- (a) inform the Co-operative Election Authority about the expiry of its term of office at least six months before the date of expiry of such term; (b) furnish such books records and information as the Authority may require as per the calendar prescribed by the Co-operative Election Authority; and (c) provide all necessary help, assistance and co-operation for the smooth preparation of electoral rolls for and the conduct of elections." A reading of the aforesaid provisions makes it clear that the Chief Executive Officer of every Co-operative Society is required to verify who are the ineligible members and he is required to send a notice to them mentioning the grounds on which they are being considered as ineligible to vote in the ensuing elections and the said notice has to be sent 15 days prior to six months to the date of election of the Society (Board) by registered post and an opportunity also has to be given to such member to file his objections, if any, within 15 days from the date of the said notice. Apart 26 from sending of the said notice, the Chief Executive Officer before six months prior to the expiry of the term of the Board is required to intimate the Election Officer the date of expiry of the term of the Board of the Society and request for election to be held to such Society. 11. In the instant case, admittedly, the notice as contemplated under Rule 13-D(2-A)(ii) of the Rules has not been sent within the time stipulated and it had been sent as late as 03.08.2023. However, the Chief Executive Officer has informed the Election Officer about the expiry of the term of the Board as stipulated and the same has been informed on 04.05.2023. 12. Further, the Chief Executive Officer of the Society is required to intimate the alleged ineligible voter to whom the notice is sent that he can appear before the Election Officer between 30 to 60 days from the date of notice. This aspect has not been mentioned in the notice issued in the instant case. 13. After receipt of the letter from the Chief Executive Officer about the date on which the term of the Board comes to an end, a calendar of events as contemplated under Rule 13-D(2) of the Rules has to be issued by the Co-operative Election Authority. 14. Rule 13-D(2) of the Rules reads as under: "13-D(2). The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society." In the instant case, the said notice has not been issued by the Election Authority and it is a grave error on the part of the Election Authority in not doing so. The Election Authority relies upon an order dated 27 16.09.2022 bearing No. ¸ÀZÀÄ¥Áæ/DqÀ½vÀ/¥sɸÀ¸ÀAZÀÄ£ÉÃ/17/2022-23 and contends the same to be a composite order issued under the provisions of Rule 13-BB and 13-D(2) of the Rules. 15. Rule 13-BB of the Rules deals with appointment of an Election Officer and the notification that is required to be issued in this regard. The order referred to by the Election Authority is precisely that. A reading of the same reveals that an Election Officer is appointed to conduct elections to the Federal Societies in the entire State and the actions that he is required to carry out. Rule 13-D(2) requires publishing of calendar of events for the preparation of electoral rolls and the conduct of elections to the Boards of the Co-operative Societies indicating the name and address of each Society which is absent in the said order. Further, the subject mentioned in the said order itself reveals that it is only an order under Rule 13-BB and not Rule 13-D(2) as contended by the Election Authority. 16. Rule 13-D(2-A)(iii), (v) and (vi) of the Rules reads as under: "13-D(2-A)(iii) The chief executive of every co- operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) xxxxxxxxxxxxxxx (v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election." 28 17. Rule 13-D(3), (4) and (5) of the Rules reads as under: "13-D(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayments falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the cooperative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc. clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the lection Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every cooperative society shall prepare(i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) the list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility member wise on the basis of entries in the updated membership register specifying,- (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, name of the delegate proposed to represent the society in the case of a member society, 29 and submit the said lists to the Election Officer along with the related books, records documents and any other information as the Election officer may require, at least sixty days before the date of election." 18. Rule 14 of the Rules reads as under: "14. Notification of General Election.- (1) The Election Officer shall with the approval of the CEC notify in Form XI the intended election referred to in Section 39-AA. (2) The Election Officer shall in such notification specify.- (i) the last date for making nominations which shall be the seventh clear day before the date of election; (ii) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations; (iii) the last date for the withdrawal of candidatures, which shall be the fifth clear day before the date of election; (iv) the date on which the poll shall, if necessary, be taken and the hours between 9.00 a.m. to 4.00 p.m. during which the poll shall be taken; and (v) the date before which the election shall be completed. (3)(a) On the issue of the notification under sub-rule (1), the returning officer shall give a public notice of the intended election in Form XII by displaying it on the notice board in his office and in the office of the cooperative society and at such other places as he deems necessary, inviting nominations for such election. (b) in the said notice, the returning officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, the last date for withdrawal of candidature, the date on which a poll shall, if necessary be taken and the hours between 9.00 30 a.m. to 4.00 p.m. of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the Election Officer under subrule (2)." Thus, the Chief Executive Officer subsequent to issuance of the notice as contemplated under Rule 13-D(2-A)(ii) of the Rules is required to submit the list of ineligible voters to the Election Officer along with their objections and other records as contemplated under the Rules and the Election Officer has to hear and dispose of the objections filed by the ineligible voters, if any, within 60 days from the date of submission of objections from such voters and thereafter it becomes the responsibility of the Election Officer to prepare the list of eligible voters and finalise the electoral rolls. In the meanwhile, the Election Officer is also required to issue a notification under Rule 14(1) specifying the dates regarding the elections. 19. In the instant case, admittedly, the Chief Executive Officer of the Society has not issued notices to ineligible voters as required in law. The contention of the petitioners that the Society is not required to adhere to the time limit prescribed in the Rules cannot be accepted. Rule 13-D(2-A)(ii) of the Rules makes it mandatory for the Chief Executive Officer to issue notice 15 days prior to expiry of six months to the date of election to the alleged ineligible voters stating the reason thereto. This is because the ineligible voters, if aggrieved, can submit their objections and they also can be heard. The proposition that electoral roll once submitted to the Election Officer by Chief Executive Officer, even if there is any lapse in the same is not a ground for postponing elections does not hold good in respect of the Co-operative Societies because in elections to State Legislature or Parliament or local bodies the responsibility of preparing electoral roll is solely on the Election Conducting Authority or Election Commission as the case may be. However, in the instant case, there is a responsibility on the part of the Chief Executive Officer of the Society as stipulated in the Act and the Rules in facilitating the preparation of electoral rolls. Under the given facts and circumstances of the case, admittedly, there has been a delay on part of the Chief Executive Officer of the Society in sending notices to the alleged ineligible members. This has resulted in 31 not giving sufficient time to them to file their objections and appear before the Election Officer to redress their grievances, if any. Under the circumstances, it becomes difficult for the Election Officer to publish the eligible voter list and this can definitely be a ground for postponing the elections. 20. The Election Officer based upon the information provided by the Chief Executive Officer has issued the notification under Rule 14(1) of the Rules in Form No.11. It is not the calendar of events which is required to be issued by the Returning Officer at least 15 days prior to the date of elections as per Rule 13-E of the Rules. The Election Officer after issuance of the notification under Rule 14(1), upon realisation that eligible and ineligible voters have not yet been determined, has withdrawn the same and postponed the elections. I do not see any error in the same. 21. However, as mentioned above, the Chief Executive Officer of the Society has erred in not issuing the notice to the alleged ineligible voters within time as contemplated under Rule 13-D(2-A)(ii) and the Co-operative Election Authority has failed to publish calendar of events for the preparation of electoral rolls and the conduct of elections of the Board of the Society as contemplated under Rule 13-D(2). The said acts has resulted in confusion and postponement of elections to the Society. 22. It is needless to state that whatever may be the mistakes that have happened, in the interest of the Society as well as keeping in view the spirit of the Karnataka Co- operative Societies Act and the co-operative movement it is advisable that an elected body is constituted at the earliest and powers of governing of the Society are vested with the elected body rather than an Administrator appointed by the State. 23. The learned Advocate General appearing for the State and learned Senior Counsel Professor Ravi Verma Kumar appearing for the Co-operative Election Authority fairly submitted that election to the Society was sought to be cancelled because the electoral roll could not be finalized and that election would be conducted to the Society within a period of 120 days from today. The learned Advocate General further 32 submitted that the State has no intention of penalizing the office bearers of the Society by disqualifying them. 24. Thus, under the peculiar facts and circumstances of the case, without making this as a precedent, it would be appropriate to permit the Co-operative Election Authority to conduct elections to the Society within a period of 120 days from today with a direction that they shall not take steps to have the office bearers of the Board of Society disqualified from contesting future election on the ground that there was postponement of elections due to the mistake of the Chief Executive Officer.” (Emphasis supplied) The coordinate Bench clearly holds that Rule 13D has to be followed in letter and spirit. Though the consequence of not following is not enumerated in the Rules, it is axiomatic, as the mandate of the rule is mode of service by a particular method. The said mode cannot be given a go-bye. 12. It is trite that if law prescribes a particular method of execution of the provisions of law, it should be executed in that manner only and not in any other manner. Circumstance of flexibility cannot override or dilute the mandate of law. The submission of the learned senior counsel for the petitioners that in every society the State has accepted the mode of service by muddam and, therefore the petition has to be allowed is neither 33 here nor there, as several wrongs cannot make them a right. There is no concept of negative equality in law. In this it is apposite to refer to some of the judgments rendered by the Apex Court. The Apex Court in the case of BABU VERGHESE V. BAR COUNCIL OF KERALA3 has held as follows: “31. It is the basic principle of law long settled that if the manner of doing a particular act is prescribed under any statute, the act must be done in that manner or not at all. The origin of this rule is traceable to the decision in Taylor v. Taylor [(1875) 1 Ch D 426 : 45 LJCh 373] which was followed by Lord Roche in Nazir Ahmad v. King Emperor [(1936) 63 IA 372 : AIR 1936 PC 253] who stated as under: “[W]here a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all.” 32. This rule has since been approved by this Court in Rao Shiv Bahadur Singh v. State of V.P. [AIR 1954 SC 322 : 1954 SCR 1098] and again in Deep Chand v. State of Rajasthan [AIR 1961 SC 1527 : (1962) 1 SCR 662] . These cases were considered by a three-Judge Bench of this Court in State of U.P. v. Singhara Singh [AIR 1964 SC 358 : (1964) 1 SCWR 57] and the rule laid down in Nazir Ahmad case [(1936) 63 IA 372 : AIR 1936 PC 253] was again upheld. This rule has since been applied to the exercise of jurisdiction by courts and has also been recognised as a salutary principle of administrative law.” (Emphasis supplied) 3(1999) 3 SCC 422 34 Further, in the case of STATE OF ODISHA V. ANUP KUMAR SENAPATI4 the Apex Court holds as follows: “39. It was lastly submitted that concerning other persons, the orders have been passed by the Tribunal, which was affirmed by the High Court and grants-in-aid have been released under the 1994 Order as such on the ground of parity this Court should not interfere. No doubt, there had been a divergence of opinion on the aforesaid issue. Be that as it may. In our opinion, there is no concept of negative equality under Article 14 of the Constitution. In case the person has a right, he has to be treated equally, but where right is not available a person cannot claim rights to be treated equally as the right does not exist, negative equality when the right does not exist, cannot be claimed.” (Emphasis supplied) In the case of STATE OF ORISSA V. MAMATA MOHANTY5, the Apex Court holds as follows: “56. It is a settled legal proposition that Article 14 is not meant to perpetuate illegality and it does not envisage negative equality. Thus, even if some other similarly situated persons have been granted some benefit inadvertently or by mistake, such order does not confer any legal right on the petitioner to get the same relief. (Vide Chandigarh Admn. v. Jagjit Singh [(1995) 1 SCC 745 : AIR 1995 SC 705] , Yogesh 4(2019) 19 SCC 626 5(2011) 3 SCC 436 35 Kumar v. Govt. of NCT of Delhi [(2003) 3 SCC 548 : 2003 SCC (L&S) 346 : AIR 2003 SC 1241] , Anand Buttons Ltd. v. State of Haryana [(2005) 9 SCC 164 : AIR 2005 SC 565] , K.K. Bhalla v. State of M.P. [(2006) 3 SCC 581 : AIR 2006 SC 898] , Krishan Bhatt v. State of J&K [(2008) 9 SCC 24 : (2008) 2 SCC (L&S) 783] , Upendra Narayan Singh [(2009) 5 SCC 65 : (2009) 1 SCC (L&S) 1019] and Union of India v. Kartick Chandra Mondal [(2010) 2 SCC 422 : (2010) 1 SCC (L&S) 385 : AIR 2010 SC 3455] .) (Emphasis supplied) In the case of R. MUTHUKUMAR V. CHAIRMAN AND MANAGING DIRECTOR TANGEDCO6, the Apex Court holds as follows: “28. A principle, axiomatic in this country's constitutional lore is that there is no negative equality. In other words, if there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality. In Basawaraj v. Special Land Acquisition Officer14, this court ruled that: “8. It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus, if some other similarly situated persons have been granted some relief/benefit inadvertently or by mistake, such an order does not confer any legal right on others to get the same relief as well. If a 62022 SCC OnLine SC 151 36 wrong is committed in an earlier case, it cannot be perpetuated.” 29. Other decisions have enunciated or applied this principle (Ref : Chandigarh Admn. v. Jagjit Singh15, Anand Buttons Ltd. v. State of Haryana16, K.K. Bhalla v. State of M.P.17; Fuljit Kaur v. State of Punjab18, and Chaman Lal v. State of Punjab19). Recently, in The State of Odisha v. Anup Kumar Senapati20 this court observed as follows: “If an illegality and irregularity has been committed in favour of an individual or a group of individuals or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegality or for passing a similarly wrong order. A wrong order/decision in favour of any particular party does not entitle any other party to claim benefits on the basis of the wrong decision.” (Emphasis supplied) It would have been an altogether different circumstance if no person had objected to the procedure followed. Even one person objecting to the finalization/approval of ineligible voters list would render denial of opportunity to file objections as sub-clause (iii) of Rule 13D(2A) permits an objector to file his objections. Therefore, that opportunity having been lost, it would not lie with the petitioners to contend that any mode of service should be accepted. In all those Societies which have accepted the mode of service 37 adopted therein, there were no objections filed by any member. Here, one of the members has objected and, therefore, the mandate of law could not have been given a go-bye. 13. The learned senior counsel would submit that even if the process had to recommence from the stage of issuance of notice by RPAD to every member in terms of the Rules, the petitioners should be permitted to continue and they should be permitted to hold the elections. This is on the strength of the Government order dated 05-06-2024 which reads as follows:- “¥À¸ÁÛªÀ£É: ªÉÄÃ¯É NzÀ¯ÁzÀ (1)gÀ°è ¸ÁªÀðwæPÀ ¯ÉÆÃPÀ¸À¨sÁZÀÄ£ÁªÀuÉ 2024 gÀ »£É߯ÉAiÀÄ°è ZÀÄ£ÁªÀuÁ ¤Ãw ¸ÀA»vÉ eÁjAiÀÄ°èzÀÝ PÁgÀt ªÀiÁZïð 2024 jAzÀ ¢£ÁAPÀ: 06-06-2024gÀ CªÀ¢üAiÀÄ°è DqÀ½vÀ ªÀÄAqÀ½ ªÀÄÄPÁÛAiÀÄUÉÆArgÀĪÀ/ªÀÄÄPÁÛAiÀÄUÉƼÀî°gÀĪÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ/ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼À (¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ) ªÀÄvÀÄÛC¥ÀPïì ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À) ZÀÄ£ÁªÀuÉUÀ¼À£ÀÄß ªÀÄÄAzÀÆr ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ªÀÄvÀÄÛ ¨ÁåAPÀÄUÀ¼À DqÀ½vÀ ªÀÄAqÀ½AiÀÄ ºÁUÀÆ ¥ÀzÁ¢üPÁjUÀ¼À CªÀ¢üAiÀÄ£ÀÄß ªÀÄÄAzÀĪÀgɹ DzÉò¸À¯ÁVvÀÄÛ. ªÉÄÃ¯É NzÀ¯ÁzÀ (2) gÀ°è ¸ÁªÀðwæPÀ ¯ÉÆÃPÀ¸À¨sÁZÀÄ£ÁªÀuÉ 2024 gÀ »£É߯ÉAiÀÄ°è eÁjAiÀÄ°èzÀÝ ZÀÄ£ÁªÀuÁ ¤Ãw ¸ÀA»vÉ ¢:06.06.2024gÀAzÀÄ PÉÆ£ÉUÉƼÀî°gÀĪÀÅzÀjAzÀ ¸ÀzÀj ¢£ÁAPÀPÉÌ DqÀ½vÀ ªÀÄAqÀ½UÀ¼À ¥ÀzÁªÀ¢üAiÀÄÄ ªÀÄÄPÁÛAiÀÄUÉÆArgÀĪÀ/ ªÀÄÄPÁÛAiÀÄUÉƼÀî°gÀĪÀ ZÀÄ£ÁªÀuÉUÉ ¨ÁQ EgÀĪÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ/ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼À (¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ) ªÀÄvÀÄÛ C¥ÀPïì ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À) DqÀ½vÀ ªÀÄAqÀ½UÀ¼À ZÀÄ£ÁªÀuÉUÀ¼À£ÀÄß £ÀqɸÀĪÀ PÀÄjvÀÄ ¤zÉÃð±À£ÀUÀ¼À£ÀÄß ¤ÃqÀĪÀ ¸ÀA§AzsÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤§AzsÀPÀgÀÄ ¸ÀPÁðgÀPÉÌ ¥Àæ¸ÁÛªÀ£É ¸À°è¹gÀÄvÁÛgÉ. ¥Àj²Ã°¸À¯ÁV, ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤§AzsÀPÀgÀ ¥Àæ¸ÁÛªÀ£ÉAiÀÄAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ/ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼À (¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ) ªÀÄvÀÄÛ C¥ÉPïì ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À) DqÀ½vÀ ªÀÄAqÀ½UÀ¼À ZÀÄ£ÁªÀuÉAiÀÄ£ÀÄß £ÀqɸÀ®Ä ¤zÉÃð±À£À 38 ¤ÃqÀĪÀÅzÀÄ ¸ÀÆPÀÛªÉAzÀÄ ¸ÀPÁðgÀªÀÅ wêÀiÁ𤹠PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ PÀ®A 121 gÀr ¥ÀæzÀvÀÛªÁzÀ C¢üPÁgÀªÀ£ÀÄß ZÀ¯Á¬Ä¹ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ ¥ÀæPÀgÀt 28-J(4)(5), 28(©), 29(J¥sï) (4), 30(1), 31 ªÀÄvÀÄÛ 39(J) UÀ½UÉ «£Á¬Äw ¤Ãr F PɼÀPÀAqÀAvÉ ¤zÉÃð±À£ÀUÀ¼À£ÀÄß ¤Ãr DzÉò¸À¯ÁVzÉ. ¸ÀPÁðgÀzÀDzÉñÀ ¸ÀASÉå: ¹M 34 ¹J¯ïJªÀiï 2024 ¨ÉAUÀ¼ÀÆgÀÄ ¢£ÁAPÀ:05.06.2024 ¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀ CA±ÀUÀ¼À »£É߯ÉAiÀÄ°è PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ PÀ®A 121 gÀr ¸ÀPÁðgÀPÉÌ ¥ÀÅzÀvÀÛªÁzÀ C¢üPÁgÀªÀ£ÀÄß ZÀ¯Á¬Ä¹ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀºÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ ¥ÀæPÀgÀt 1959 0 28-J(4)(5), 28(©), 29(J¥sï) (4) 30(1), 31 ªÀÄvÀÄÛ 39(J) UÀ½UÉ «£Á¬Äw ¤Ãr ¢£ÁAPÀ 07.06.2024 jAzÀC£Àé¬Ä¸ÀĪÀAvÀ F PɼÀPÀAqÀ «zÉÃð±ÀUÀ¼À£ÀÄß ¤Ãr DzÉò¸À¯ÁVzÉ. 1. jl¤AðUï C¢üPÁj¬ÄAzÀ ZÀÄ£ÁªÀuÁ ªÉüÁªÀnÖ ¥ÀæPÀlªÁzÀAvÀºÀ ¥ÀæPÀgÀtUÀ¼À°è ZÀÄ£ÁªÀuÁ ¥ÀæQæAiÉÄ ¥ÁægÀA¨sÀªÁV ¢£ÁAPÀ:21.03.20246, AiÀiÁªÀ ºÀAvÀzÀ°è ¤AvÀĺÉÆÃVzÉAiÉÆà D ºÀAvÀ¢AzÀ¯Éà ZÀÄ£ÁªÀuÁ ¥ÀæQæAiÉÄAiÀÄ£ÀÄß ¥ÁægÀA©ü¸ÀvÀPÀÌzÀÄÝ 2. ¢£ÁAPÀ 06.06.2024 EzÀÝAvÀ DqÀ½vÀ ªÀÄAqÀ½UÀ¼À ¥ÀzÁªÀ¢üAiÀÄÄ ªÀÄÄPÁÛAiÀÄUÉÆArgÀĪÀ/ ªÀÄÄPÁÛAiÀÄUÉƼÀÄîªÀ/ ZÀÄ£ÁªÀuÉUÉ ¨ÁQ¬ÄgÀĪÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ/ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼À (¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ ªÀÄvÀÄ ÛC¥ÉPïì ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ ºÁ° EgÀĪÀ DqÀ½vÀ ªÀÄAqÀ½ ºÁUÀÆ ¥ÀzÁ¢üPÁjUÀ¼À CªÀ¢üAiÀÄ£ÀÄß ¸ÀAWÀzÀ ZÀÄ£ÁªÀuÉ £ÀqÉzÀÄ ºÉƸÀ DqÀ½vÀ ªÀÄAqÀ½ gÀZÀ£ÉAiÀiÁUÀĪÀªÀgÉUÉ ªÀÄÄAzÀĪÀgÉAiÀÄvÀPÀÌzÀÄÝ. 3. jl¤ðAUï C¢üPÁj¬ÄAzÀ ZÀÄ£ÁªÀuÁ ªÉüÁ¥ÀnÖ ¥ÀæPÀlªÁUÀzÉ EgÀĪÀ J¯Áè ¥ÀæPÀgÀtUÀ¼À°è PÀgÀqÀÄ C£ÀºÀð ªÀÄvÀzÁgÀgÀ ¥ÀnÖ ¥ÀæPÀn¸À®Ä 2023-24£Éà ¸Á°£À ¸ÀºÀPÁgÀ ªÀµÀðªÀ£ÀÄß M¼ÀUÉÆAqÀAvÉ ¥ÀæPÀgÀt 20(2)(J-iv)(J-v) gÀ°èAiÀÄ CªÀPÁ±ÀUÀ¼À µÀgÀvÀÛ£ÀÄß ¥ÀÇgÉʹgÀĪÀ PÀÄjvÀÄ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 ¤AiÀĪÀÄ 13-r. (2)(2-J) gÀ°èAiÀÄ CªÀPÁ±ÀUÀ¼ÀAvÉ DPÉëÃ¥ÀuÉUÀ¼À£ÀÄß ¸À°è¸À®Ä ºÉƸÀzÁV CªÀPÁ±À ¤Ãr £ÉÆÃnøÀÄ ¤ÃqÀvÀPÀÌzÀÄÝ. 4. AiÀiÁªÀ ¸ÀAWÀzÀ ¥ÀæzsÁ£ÀGzÉÝñÀªÀÅ ¸Á® ªÀÄvÀÄÛ ªÀÄÄAUÀqÀªÀ£ÀÄß ¤ÃqÀĪÀÅzÁVzÉAiÉÆà CAvÀºÀ ¸ÀAWÀUÀ¼ÀÄ 2023-24£Éà ¸Á°£À vÀUÁzÉAiÀÄ£ÀÄß PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ ¥ÀæPÀgÀt 20gÀ G¥À¥ÀPÀgÀt (2)gÀRAqÀ ©-iv gÀr ¥ÀjUÀt¸ÀvÀPÀÌzÀÄÝ. 5. PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 ¤AiÀĪÀÄ 13-r, (2)(2-J) gÀAvÉ PÀæªÀÄ«lÄÖ ªÀÄvÀzÁgÀgÀ ¥ÀnÖ vÀAiÀiÁj¸ÀĪÀ ¥ÀæQæAiÉÄAiÀÄ CªÀ¢üAiÀÄ°è DqÀ½vÀ ªÀÄAqÀ½UÀ¼À ¥ÀzÁªÀ¢üAiÀÄÄ ªÀÄÄPÁÛAiÀÄUÉÆAqÀ°è CAvÀºÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼ÀÄ/ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼À (¥ÁæxÀ«ÄPÀ, ªÀiÁzsÀå«ÄPÀ, MPÀÆÌl (¥sÉqÀgÀ¯ï ¸ÀA¸ÉÜ) ªÀÄvÀÄÛ C¥ÉPïì ¸ÀºÀPÁgÀ 39 ¸ÀAWÀUÀ¼À) ºÁ° EgÀĪÀ DqÀ½vÀ ªÀÄAqÀ½ ºÁUÀÆ ¥ÀzÁ¢üPÁjUÀ¼À CªÀ¢üAiÀÄÄ ¸ÀzÀj ¸ÀAWÀUÀ½UÉ ZÀÄ£ÁªÀuÉ £ÀqÉzÀÄ ºÉƸÀ DqÀ½vÀ ªÀÄAqÀ½ gÀZÀ£ÉAiÀiÁUÀĪÀªÀgÉUÉ ªÀÄÄAzÀĪÀgÉAiÀÄvÀPÀÌzÀÄÝ. 6. PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀĪÀÄ 1959gÀ ¥ÀæPÀgÀt 28-J (5), 30(1) ªÀÄvÀÄÛ ¥ÀæPÀgÀt 31 gÀrAiÀÄ°è ¸ÀAzÀ¨sÁð£ÀĸÁgÀ DqÀ½vÁ¢üPÁj ªÀÄvÀÄÛ «±ÉõÁ¢üPÁj £ÉëĹgÀĪÀ ¥ÀæPÀgÀtUÀ¼À°è ZÀÄ£ÁªÀuÉ dgÀÄV ºÉƸÀ DqÀ½vÀ ªÀÄAqÀ½ gÀZÀ£ÉAiÀiÁUÀĪÀªÀgÉUÀÆ DqÀ½vÁ¢üPÁj/ «±ÉõÁ¢üPÁjUÀ¼Éà ªÀÄÄAzÀĪÀgÉAiÀÄvÀPÀÌzÀÄÝ, 7. C¢üPÁgÁªÀ¢ü ªÀÄÄAzÀĪÀgɹgÀĪÀ CªÀ¢üAiÀÄ°è DqÀ½vÀ ªÀÄAqÀ½UÀ¼ÀÄ AiÀiÁªÀÅzÉà ¥ÀæªÀÄÄR ¤tðAiÀÄUÀ¼À£ÀÄß vÉUÉzÀÄPÉƼÀîvÀPÀÌzÀÝ®è ºÁUÀÆ zÉÊ£ÀA¢£À PÁAiÀÄðZÀlĪÀnPÉUÀ½UÉ ¹Ã«ÄvÀUÉƽ¹ PÁAiÀÄð¤ªÀð»¸ÀvÀPÀÌzÀÄÝ. 8. FUÁUÀ¯Éà WÀ£À £ÁåAiÀiÁ®AiÀÄUÀ¼À DzÉñÀzÀAvÉ ZÀÄ£ÁªÀuÁ ¥ÀæQæAiÉÄ ¥ÁægÀA¨sÀUÉÆArzÀÝ°è ¥ÁægÀA¨sÀUÉƼÀî¨ÉÃQzÀÝ°è, F DzÉñÀªÀ£ÀÄß WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ UÀªÀÄ£ÀPÉÌ vÀAzÀÄ WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀzÀAvÉ PÀæªÀÄ«qÀvÀPÀÌzÀÄ.” On the same day, on receipt of objections, the order is changed and a direction is issued to comply with the mandate of Rule 13D(2A) of the Rules. The modified order reads as follows: “¢£ÁAPÀ: 15-11-2024 ²ªÀ½î ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀ ¤. ²ªÀ½î vÁ: zsÁgÀªÁqÀ ¸ÀAWÀzÀ ZÀÄ£ÁªÀuÉAiÀÄÄ ¢£ÁAPÀ: 08-12-2024 gÀAzÀÄ dgÀÄUÀ°zÀÄÝ, ¸ÀAWÀzÀ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼ÀÄ 1960 gÀ ¤AiÀĪÀÄ 13 D (2-A) ¥ÀæPÁgÀ ¥Á®£É ªÀiÁqÀzÉà EgÀĪÀ §UÉÎ ²æà PÀ®è¥Àà ¨sÀgÀªÀÄ¥Àà PÁ½ EªÀgÀÄ F PÀZÉÃjUÉ DPÉëÃ¥ÀuÉ ¤ÃrzÀÄÝ, ¸ÀzÀj «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ F PÀZÉÃj¬ÄAzÀ ¢£ÁAPÀ: 15-11-2024 gÀAzÀÄ ¨É½UÉÎ 11-00 UÀAmÉUÉ F PÀZÉÃjAiÀÄ°è «ZÁgÀuÉ ¤UÀ¢¥Àr¹zÀÄÝ, «ZÁgÀuÉUÉ ¤ÃrzÀ £ÉÆÃn¹£À°è w½¹zÀ ¥ÀæPÁgÀ «ZÁgÀuÉ dgÀÄV¸À¯Á¬ÄvÀÄ. «ZÁgÀuÉ ¸ÀªÀÄAiÀÄzÀ°è CfðzÁgÀÄ UÉÊgÀÄ ºÁdgÀÄ ºÁUÀÆ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀgÀÄ ºÁdjzÀÄÝ, PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀĪÀiÁªÀ½UÀ¼À£ÀéAiÀÄ ¸ÀzÀj ¸ÀAWÀzÀ°ègÀĪÀ ¸ÀzÀ¸ÀågÀÄUÀ½UÉ vÁvÁÌ°PÀ ªÀÄvÀzÁgÀgÀ C£ÀºÀð ¥ÀnÖAiÀÄ°è EgÀĪÀAvÀºÀ 179 ¸ÀzÀ¸ÀågÀ£ÀÄß CºÀðgÉAzÀÄ ªÀiÁr, ¸ÀzÀj ¸ÀzÀ¸ÀåjUÉ vÀªÀÄä ºÀPÀÌ£ÀÄß ZÀ¯Á¬Ä¸À®Ä CªÀPÁ±À ¤Ãr. ¸ÀAWÀzÀ ZÀÄ£ÁªÀuÉ ¤AiÀĪÀiÁ£ÀĸÁgÀ dgÀÄV¸À®Ä ¸ÀAWÀzÀ jl¤AðUï C¢üPÁjUÉ ºÁUÀÆ ªÀÄÄRåPÁAiÀÄð¤ªÁðºÀPÀjUÉ ¸ÀÆa¸À¯Á¬ÄvÀÄ.” 40 The said Government order has restrictive application. It was issued in the wake of parliamentary elections being declared only in those societies that had already set the elections in motion. Therefore, none of the grounds urged by the petitioners would enure to their benefit. 14. The matter was posted for its pronouncement on 20-02-2024. At the time of pronouncement, the complainant/ proposed respondent No.7 appeared before the Court through his counsel Sri Avinash Banakar and submitted that he was wanting to withdraw the very complaint, which was the foundation for all the proceedings. Therefore, the pronouncement of the said judgment was deferred. The matter was re-heard. The learned Additional Advocate General contended that the complaint of the proposed 7th respondent merged into the proceedings and the order impugned. Therefore, the complainant cannot now contend before this Court that he would wish to withdraw the complaint. The learned counsel for the petitioners would contend if the complaint itself would not be in existence, the entire impugned proceedings would become a nullity. 41 15. As contended by the learned Additional Advocate General, the complaint has merged into the order. The order impugned is tested before this Court. This Court has not found favour with the submissions of the petitioners. However, if the complainant wanted to withdraw the complaint, it was open for him to appear before the Authority who passed the order and so contend. I do not find any warrant to interfere with the order even after the re-hearing of the matter. 16. The petition lacking in merit stands rejected and the process as directed by respondent No.3 be continued and taken to its logical conclusion, in accordance with law. Consequently, I.A.No.1 of 2024 also stands disposed. Sd/- (M. NAGAPRASANNA) JUDGE bkp CT:SS