Karnataka High Court
H S Lokesh vs The State Of Karnataka on 30 January, 2025
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 2112 OF 2025 (CS-EL/M)
C/W
WRIT PETITION NO. 1575 OF 2025 (CS-EL/M)
IN WP No. 2112/2025:
BETWEEN:
1. SRI. VASU H N
S/O. LATE M.S.NAGARAJA SHETTY,
AGED ABOUT 68 YEARS,
R/AT NO.1825/8, B.M.ROAD,
HUNSUR TOWN, MYSORE DISTRICT - 571 105.
2. SRI. RAMESH
S/O LATE DASAPPA,
AGED ABOUT 60 YEARS
R/AT NO.1442, BASAVANAGUDI ROAD,
KALKUNIKE, OLD K.R. NAGAR ROAD,
HUNSUR TOWN, MYSORE DISTRICT - 571 105.
3. SRI. H.S.MAHESH
Digitally signed by S/O T.SUNDAR
MAHALAKSHMI B M AGED ABOUT 50 YEARS
Location: HIGH R/AT NO.1129, MARUTI BADVANE,
COURT OF
KARNATAKA HUNSUR TOWN, MYSORE DISTRICT - 571 105.
4. SRI. RAGHU
S/O. CHIKKACHANNAPPA
AGED ABOUT 40 YEARS
R/AT NO.236, MARIGUDI STREET,
KALKUNIKE, HUNSUR TOWN
MYSORE DISTRICT - 571 105.
5. SRI. PUTTARAJU
S/O. NEELAIAH
AGED ABOUT 43 YEARS
R/AT NO.14, STOOR BEEDHI,
NIJAM MOHALLA, OLD POST OFFICE ROAD,
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
HUNSUR TOWN,
MYSORE DISTRICT - 571 105.
...PETITIONERS
(BY SRI. RAJENDRA KUMAR SUNGAY T.P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - JURU - 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, TTMC 'A' BLOCK,
K.H.ROAD, SHANTINAGAR,
BANGALORE-560027
REPRESENTED BY ITS SECRETARY.
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,
NO.1, ALL ASKAR ROAD,
BANGALORE 560 052.
4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
MYSORE DIVISION,
PUBLIC OFFICE BUILDING,
NEW SAYYAJI RAO ROAD,
MYSORE-570 024.
5. DEPUTY COMMISSIONER / DISTRICT ELECTION OFFICER
MYSORE DISTRICT,
MYSORE-570 001.
6. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
HUNASURU SUB-DIVISION,
HUNASURU TALUK,
MYSURU DISTRICT - 570001.
7. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES
HUNASURU SUB-DIVISION,
HUNASURU TALUK,
MYSURU DISTRICT - 570001.
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
8. RETURNING OFFICER
KASABA PRIMARY AGRICULTURE CREDIT
CO-OPERATIVE SOCIETY LTD.,
HUNASURU TALUK,
MYSURU DISTRICT - 571 105.
9. CHIEF EXECUTIVE OFFICER.
KASABA PRIMARY AGRICULTURE CREDIT
CO-OPERATIVE SOCIETY LTD.,
HUNASURU TALUK, MYSURU DISTRICT - 571105
(SOCIETY REGISTERED UNDER THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT-1959)
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. YOGESH D. NAIK,
AGA FOR R1, R3 TO R8;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI. S.B.TOTAD, ADVOCATE FOR R9)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS 1 TO 8 TO HOLD ELECTIONS FOR THE MANAGING
COMMITTEE OF THE 9TH RESPONDENT i.e., KASABA PRIMARY
AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HUNSUR
TALUK, MYSORE DISTRICT, ONLY AFTER ADDRESSING THE
COMPLAINTS LODGED BY THE PETITIONERS AND OTHER MEMBERS
OF THE SOCIETY AND PUBLICATION OF CORRECT VOTERS LIST,
AFTER STRICTLY FOLLOWING THE PROCEDURE PRESCRIBED UNDER
KARNATAKA CO-OPERATIVE SOCIETIES ACT AND RULES AND ETC.
IN WP NO. 1575/2025
BETWEEN:
1. H S LOKESH
S/O T. SUNDAR,
AGED ABOUT 55 YEARS
R/AT NO.1129, KARIGOWDARA STREET,
HUNASURU TOWN, HUNASURU TALUK,
MYSURU-571105
2. HARISH G T
S/O G.T. DEVEGOWDA
AGED ABOUT 39 YEARS,
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
R/AT NO.30, HOUSING BOARD COLONY
HUNASURU MYSURU MAIN ROAD,
NEXT TO SAIBABA TEMPLE,
MANJUNATHA BADAVANE,
HUNASURU TALUK, MYSURU-571105
3. RAVIKUMAR H C
S/O CHIKKANARASIMAIAH
AGED ABOUT 50 YEARS,
NO.739, MANJUNATHA BADAVANE,
HUNASURU TOWN, HUNASURU TALUK,
MYSURU-571105
4. M K VASEGOWDA
S/O LATE KARIGOWDA
AGED ABOUT 65 YEARS,
MOOKANAHALLI VILLAGE,
KASABA HOBLI, HUNASURU TALUK,
MYSURU-571105
5. THIMMANAIKA
S/O MUDDANAIKA
AGED ABOUT 55 YEARS,
RAMAMANDIRA BACK SIDE
KALKUNIKE, KASABA HOBLI,
HUNASURU TALUK,
MYSURU-571105
6. RUDRA BHOVI
S/O VENKATARAMA BHOVI
AGED ABOUT 45 YEARS,
MUKANAHALLI KASABA HOBLI,
HUNASURU TALUK, MYSURU-571105
7. GOWRAMMA
W/O SHIVANNA
AGED ABOUT 50 YEARS
KIRIJAJI VILLAGE, KASABA HOBLI,
HUNASURU TALUK, MYSURU-571105
8. RADHA
W/O SURESH
AGED ABOUT 45 YEARS,
CHIKKAHUNASURU VILLAGE,
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
KASABA HOBLI, HUNASURU TALUK,
MYSURU-571105
9. MARISWAMY K P
S/O PUTTASWAMY GOWDA
AGED ABOUT 55 YEARS,
NO.525, JAVAREGOWDA BEEDHI,
KALKUNIKE, HUNASURU TALUK,
MYSURU-571105.
10. MAHADEVU
S/O BEEREGOWDA
AGED ABOUT 59 YEARS,
YAMMEKOPPALU, KASABA HOBLI,
HUNASURU TALUK, MYSURU-571105
11. RAMAKRISHNA
S/O CHAMUNDEGOWDA
AGED ABOUT 50 YEARS,
KIRIJAJI VILLAGE, KASABA HOBLI,
HUNASURU TALUK, MYSURU-571105
12. NAGARAJU B L
S/O LINGANNAIAH
AGED ABOUT 55 YEARS,
BEEJAGANAHALLI VILLAGE,
KASABA HOBLI, HUNASURU TALUK,
MYSURU-571105
...PETITIONERS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR
SRI. SANDESH T.B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, TTMC A BLOCK, K.H.ROAD,
SHANTINAGAR, BANGALORE-560027
REPRESENTED BY ITS SECRETARY.
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
AND DISTRICT ELECTION OFFICER,
MYSURU DISTRICT, MYSURU DISTRICT-570001
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
HUNASURU SUB-DIVISION HUNASURU TALUK,
MYSURU DISTRICT-570001
5. RETURNING OFFICER
KASABA PRIMARY AGRICULTURE CREDIT
CO-OPERATIVE SOCIETY LTD,
HUNASURU TALUK,
MYSURU DISTRICT-571105
6. CHIEF EXECUTIVE OFFICER.
KASABA PRIMARY AGRICULTURE CREDIT
CO-OPERATIVE SOCIETY LTD.,
HUNASURU TALUK,
MYSURU DISTRICT-571105
(SOCIETY REGISTERED UNDER THE KARNATAKA
CO-OPERAT SOCIETIES ACT-1959)
7. SUPERINTENDENT OF POLICE
MYSURU DISTRICT
MYSURU-570001.
8. CIRCLE INSPECTOR OF POLICE
HUNASURU TOWN POLICE,
HUNASURU TALUK, MYSURU DISTRICT
MYSURU-571105
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. YOGESH D.
NAIK, AGA FOR R1, R3, R4, R5, R7 AND R8;
SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE
POSTPONEMENT OF ELECTION COMMUNICATION LETTER DATED
17.01.2025 IN BEARING NO. SACHUPRA/MY.PRA/MY.G/
DIRECTION/07/2024-25 ISSUED BY THE RESPONDENT NO.2
ELECTION AUTHORITY VIDE ANNEXURE-G AND ETC.
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WP No. 2112 of 2025
C/W WP No. 1575 of 2025
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
W.P.No.2112/2025 is filed seeking for the following prayers:
"i) Issue a writ in the nature of mandamus directing the respondents 1 to 8 to hold elections for the managing committee of the 9th respondent i.e., Kasaba Primary Agricultural Credit Co-operative Society Ltd., Hunsur Taluk, Mysore District, only after addressing the complaints lodged by the petitioners and other members of the society and publication of correct voters list, after strictly following the procedure prescribed under Karnataka Co-
operative Societies Act & Rules and;
ii) Pending completion of election process to the new Board of Management of the 9th respondent society, direct the respondents No.1 to 3 to appoint an Administrator to hold the elections in a fair and transparency manner after addressing all the grievances of its members / shareholders of the society in accordance with law and; -8-
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iii) Grant such other relief/s as deems fit by this Hon'ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity."
2. W.P.N.1575/2025 is filed seeking for the following prayers:
"(a) A wit in a nature of certiorari quashing the postponement of election communication letter dated 17.01.2025 in bearing No.SaChuPra/My.Pra/My.G/Direction/07/2024-
25 issued by the respondent No.2 election authority vide Annexure-G in the interest of justice and equity.
(b) A writ in a nature of Mandamus or any other writ, order or direction, directing the Election Authority Respondents No.2, 3 to 5 to continue with the election process of the Respondent No.6 society in terms of calendar of events at Annexure-A published on 07.01.2025 from the stage it was stopped and issue fresh dates for Filling Nominations and polling date and complete the election processes on or before 01.02.2025.
(c) a writ in the nature of Mandamus or any other writ directing the respondent No.7 and 8 to -9- NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 provide adequate police protection to the respondent No.6 society election in terms of the calendar of events at Annexure-A.
(d) Such other writ or order as direction as deemed fit as circumstances of the case including an order for Costs."
3. The petitioners in both the petitions claim to be the members / shareholders of the Kasaba Primary Agriculture Credit Co-operative Society Limited (hereinafter referred to as 'the Society' for short), the Society being registered under the Karnataka Co- Operative Societies Act, 1959 (hereinafter referred to as 'Act' for short). The term of the office of the board of the Society expires on 01.02.2025. The election of the society was to be conducted before the expiry of the existing term as per Section 28B of the Act. The Election Officer- respondent No.3 appointed the Returning Officer- respondent No.5 for conducting the election, the calendar of events were issued by the Returning Officer on 07.01.2025 indicating the nomination filing process to be
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 commenced from 11.01.2025 and to be concluded on 17.01.2025, the scrutiny of nominations was to be on 18.01.2025 and the election was scheduled to be held on 25.01.2025.
4. According to the petitioners in WP No.1575/2025, the Returning Officer did not accept the nomination papers nominations submitted by them on 16.01.2025 and left the office premises abruptly, that the petitioners were made to submit their nominations to the Chief Executive Officer of the Society. The Returning Officer published the notice on 16.01.2025 stating that the election process is postponed due to the shortage of police personnel, pursuant to which, the Co-Operative Election Authority-respondent No.2 issued a letter dated 17.01.2025 confirming the postponement of the election.
5. Learned Senior Counsel, Sri Jaykumar S. Patil appearing for the petitioners would urge the following grounds:
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 i. That the Returning Officer and the Election Authority have no power to postpone the election without assigning any legal grounds.
ii. That the Returning Officer's refusal to accept the petitioner's nomination was in clear violation of the prescribed calendar of events.
iii. That the action to postpone the election based on unavailability of police personnel is highly unsustainable and the reasons assigned cannot be bar for continuation of the election process.
iv. Stressing on Section 28B of the Act, learned senior counsel submits that the elections must be held before the expiry of the present board's term expires.
v. The postponement of the election is without legal authority and violates the statutory requirements under the Act.
vi. Learned senior counsel also raises several contentions about the motive behind the postponement of the elections.
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6. Learned counsel appearing for the petitioners in WP No.2112/2025 and impleading applicants in WP No.1575/2025 have similar grievance that the society has grossly violated the provisions of the Act and Rules in conducting the election process and that the ineligible members have been included in the eligible voters list and the entire election process is invalid. The complaints and representations submitted by the petitioners have not been considered by the authorities while issuing a calendar of events.
7. Learned AAG appearing for the State, in support of statement of objections filed, submits that as per the calendar of events, while receiving member nominations on 11.01.2025 to 16.01.2025, on 16.01.2025, some of the members came to the premises of the society and threatened the Returning Officer to stop the election process and in that regard, the Returning Officer wrote a requisition letter to the concerned Police Inspector seeking police protection for the election process to be conducted
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 smoothly. It is submitted that endorsement was given by respondent No.8-police inspector that they are unable to provide protection due to shortage of staffs and that the Returning Officer also intimated by the Election Authority- respondent No.2 seeking further directions due to law and order problems and it is in this regard that the Returning Officer had to postpone the election. In light of the endorsement issued stating that the department was unable to give protection to the election of the society, as such, the election process was postponed. It is submitted that the authorities would conduct the election by issuing a fresh calendar of events from the stage it was interrupted as per Rule 13-E of the Karnataka Co-Operative Societies Rules, 1960 ('the Rules' for short).
8. Sri T.L. Kiran Kumar, learned counsel appearing for the election authority submits that the Election Officer had appointed the Returning Officer to conduct the election, but due to the law and order situation and as the police force could not be provided for the election process,
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 the election schedule was postponed. It is further submitted that there was no willful intention to postpone the election which was scheduled on 25.01.2025.
9. On hearing the learned counsel appearing for the parties, the point that arise for consideration is:
"When the process of election is set in motion, can the authorities postpone the election scheduled on the ground of refusal to provide police protection?"
10. Section 28B of the Act mandates that the election of the society's board must be conducted before the expiry of the existing board's term and if the election is not completed within the prescribed period, the Government may appoint an Administrator, thus, there is a deemed provision. Rule 14-H of Rules, outlines the condition for postponing the poll specifically focusing on the significant electoral disturbances. Rule 14-H reads as under:
"14-H. Adjournment of poll in
emergencies.-(1) If at an election, the
proceedings at any polling station or at the place
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 fixed for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the returning officer having jurisdiction over such polling station, or place, shall, with the prior approval of the Co- operative Election Authority, announce an adjournment of the poll from that polling station or place to a date to be announced later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned:
Provided that a report or certificate shall be obtained from the police or Tahsildar to the effect that the poll has been interrupted or obstructed by risk or open violence.
(2) Whenever a poll is adjourned under sub-rule (1), the returning officer shall immediately report the circumstances to the CEC, and shall, as soon as may be, with the previous approval of the Co-operative Election Authority, appoint the day on which the poll from that polling station or place shall recommence, and fix the polling station or place at which and the hours during which the poll from that polling station or place shall be taken.
The returning officer shall not count the votes cast
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 at such election to the board until such adjourned poll from that polling station or place shall have been completed.
(3) In every such case as aforesaid; the Returning Officer shall announce in such manner as the Co-operative Election Authority may direct the date, place and hours of polling fixed under sub- rule (2).
(4) If the poll at any polling station is adjourned under sub-rule (1), the Returning Officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed pocket containing the marked copy of the electoral roll and a new ballot box.
(5) The provisions of Rules 14-L to 14-O and 14-Q to 14-X shall apply in relation to the conduct of adjourned poll as they apply in relation to the poll before it was so adjourned."
11. Under the provision indicated above, only valid grounds for postponing an election involve issues such as booth capturing or serious disruption, none of which are present in this instant case. The refusal of police protection does not fall under the legal grounds for
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 postponing the elections. Mere absence of police protection does not make the Election Officer or the Returning Officer postpone the election.
12. Section 128B of Chapter XV of the Act casts duty on every police officer to assist the Registrar or any person subordinate to the Registrar reasonably demanding his aid for the lawful exercise of any power vesting in the Registrar or such person under this Act or any Rule or bye- law made thereunder. Section 28B mandates that the election must occur before the expiry of the existing Board. If the election is not conducted in time, the society will be managed by the Administrator, which will significantly impact the management and operations of the society. This requirement underscores the urgency of holding the election as scheduled and the police needs to assist for conducting the election smoothly.
13. The law is well settled that once the calendar of events for election is issued, it is binding upon the authorities and the Courts nor the Authorities can interfere
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 with the process until there are extraordinary compelling circumstances that necessitate such intervention.
14. The Apex Court as early as in the year 1952 in the case of N.P. Ponnuswami Vs. The Returning Officer, Namakkal Constituency, Namakkal, Salem District and others1 (N.P. Ponnuswami) has held at paragraph No.29 as under:
"29. The points which emerge from this decision may be stated as follows :-
(1) The right to vote or stand as a candidate for election is not a civil right but is a creature of statute or special law and must be subject to the limitations imposed by it.
(2) Strictly speaking, it is the sole right of the legislature to examine and determine all matters relating to the election of its own members, and if the legislature takes it out of its own hands and vests in a Special Tribunal an entirely new and unknown jurisdiction, that special jurisdiction should be exercised in accordance with the law which creates it."1
(1952) 1 SCC 94
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15. By following the well settled principles of law laid down by the Constitution Bench of the Apex Court in Ponnuswami's case, the Apex Court in the case of State of Karnataka and others Vs. Gunjahalli Nagappa and others2 (Nagappa) has held at paragraph No.10 and relevant portion reads as under:
"10. xxx xxx xxx The State Government was, therefore, in any view of the matter, not entitled to make the impugned order under Rule 75 on the ground that the divisional lists of voters were defective and the election held on the basis of such lists of voters would not be in accordance with the provisions of the Act. What the State Government did by making the impugned order was to interfere with the election process which was going on in accordance with law and that was clearly not permissible on any interpretation of Rule 75".
15. The Apex Court in the case of Commissioner of Police, Bombay vs Gordhandas Bhanji3 (Gordhandas Bhanji) has held at paragraph No.9 as under:
"9. An attempt was made by referring to the Commissioner's affidavit to show that this was really 2 AIR 1975 SC 1708 3 AIR 1952 SC 16
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 an order of cancellation made by him and that the order was his order and not that of Government. We are clear that public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself."
16. The principle laid down in the above decision is that there cannot be postponement of elections once the calendar of events has been published until extraordinary compelling circumstances are made out. The election process should proceed and the reasons assigned for postponement of the election as indicated at Annexure-G are not a valid ground for postponement of the election. The board of society comes to an end and if the election is not completed within the time stipulated, it leads to adverse legal consequences including an appointment of an Administrator to manage the society and the point
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 framed for consideration is answered accordingly and this Court pass the following:
ORDER i. WP No.1575/2025 is allowed.
ii. WP No.2112/2025 is hereby dismissed.
iii. Returning Officer-respondent No.5 is directed to proceed with the election process as per the calendar of events and from the stage on which it was stalled and start the process of election from 03.02.2025 by following Rule 13E of Rules, 1960 and reschedule the date of election on 18.02.2025.
iv. The Superintendent of Police to accord necessary force for the smooth functioning of the election process and poll, which is scheduled on 18.02.2025.
v. The Returning Officer to conduct the election and declare the results in accordance with the mandatory provisions of KCS Act, 1959 and Rules, 1960.
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NC: 2025:KHC:4609 WP No. 2112 of 2025 C/W WP No. 1575 of 2025 vi. Impleading applications-I.A.Nos.1/2025 to 5/2025 are accordingly disposed of.
vii. Operative portion of the order to be communicated to the learned AGA.
Sd/-
_______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 104