Karnataka High Court
The Mangaluru Co Operative Building ... vs The State Of Karnataka on 10 February, 2022
Author: R. Devdas
Bench: R. Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.2067 OF 2022 (CS EL/M)
BETWEEN
THE MANGALURU CO-OPERATIVE
BUILDING SOCIETY LTD
I FLOOR, CLASSIC ARCADE
K S RAO ROAD, MANGALURU-575 001
REPTD BY ITS SECRETARY
SRI PADMANABHA K ...PETITIONER
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION
VIKAS SOUDHA, BANGALORE-560 001
2. THE CO-OPERATIVE ELECTION AUTHORITY
REPRESENTED BY ITS DEPUTY SECRETARY
TTMC BUILDING, 3RD FLOOR
A BLOCK, K H ROAD
SHANTHINAGAR, BENGALURU-560 027
3. THE SPECIAL DUTY OFFICER
AND EX-OFFICIO JOINT SECRETARY
TO THE GOVT CO-OPERATION DEPARTMENT
M S BUILDING, BENGALURU-560 001
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4. THE ELECTION OFFICER AND THE DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES
D K DISTRICT, JANATHA BAZAR
1ST FLOOR, GANAPATHY HIGH SCHOOL ROAD
MANGALORE-575 001
5. THE RETURNING OFFICER
THE MANGALURU CO-OPERATIVE BUILDING
SOCIETY LTD AND THE F.D.A.
OFFICE OF THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
D K DISTRICT, JANATHA BAZAR
1ST FLOOR, GANAPATHY HIGH SCHOOL ROAD
MANGALORE-575 001 ...RESPONDENTS
(BY SRI.R. SRINIVAS GOWDA, AGA FOR R1 TO R4;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE CIRCULAR DTD.20.1.2022 ISSUED BY THE
R-2 AS PER ANNEUXRE-A THE ORDER DTD.19.1.2022
ISSUED BY THE R-1 AT ANENXURE-A1 AND A2
RESPECTIVELY AND DIRECT THE RESPONDENTS TO
CONDUCT ELECTION FORTHWITH AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
R. DEVDAS J., (ORAL):
The grievance of the petitioner is that although voting was scheduled to be held on 30.01.2022 to the petitioner-The Mangaluru Co-operative Building Society Ltd., however, in the meanwhile the impugned communication dated 19.01.2022 at Annexure - 'A1' was issued by the Principal Secretary, Department of Co- operation directing the Commissioner, State Co-operative Election Authority to postpone all elections till March, 2022.
2. Learned Additional Government Advocate was directed to secure instructions from the Government as to whether the impugned circular was passed invoking the provisions of the Disaster Management Act.
3. Learned Additional Government Advocate has furnished a communication dated 24.01.2022 made by the Principal Secretary to the learned Additional Government Advocate. On the basis of the communication, learned 4 Additional Government Advocate submits that the intention of the Government was to ensure that COVID - 19 protocol regarding maintenance of social distance should be followed and since it was felt that the protocol could not be followed, the postponement of elections was required.
4. In the light of the above, this writ petition stands disposed of directing respondent No.5 - Returning Officer to ensure that the date for polling shall be announced and election shall go on as early as possible.
5. However, the Returning Officer shall ensure that appropriate social distancing is maintained while conducting the elections.
Ordered accordingly.
6. The members of petitioner-The Mangaluru Co- operative Building Society Ltd., shall also be informed about the orders passed by this Court and they shall co- operate in maintaining the protocol issued by the State Government.
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Learned Counsel Sri.T.L.Kiran Kumar is also requested to convey this order to the Returning Officer.
7. In view of disposal of the writ petition, I.A.No.1/2022 does not survive for consideration and is accordingly disposed of.
Sd/-
JUDGE JT/-