Karnataka High Court
Sri Ashok Bhupal vs The State Of Karnataka on 12 September, 2019
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION NOS.65579-581/2016
C/W
WRIT PETITION NOS.206100/2016 &
206236-240/2016,
WRIT PETITION NO.206208/2016,
WRIT PETITION NOS.206097-098/2016,
WRIT PETITION NO.200112/2017,
WRIT PETITION NOS.65375-376/2016,
WRIT PETITION NOS.206338-342/2016
& 206348-352/2016
WRIT PETITION NO.62759/2016,
WRIT PETITION NO.65563/2016,
WRIT PETITION NO.65564/2016,
WRIT PETITION NO.65567/2016 &
WRIT PETITION NOS.65592-593/2016
IN W.P.NOS.65579-581/2016:
Between:
1. Sri Ashok Bhupal
S/o Sharnabasavaraj
Aged about 64 years
Post Dhadasugur
Taluk Sindhnoor
Dist. Raichur - 584 128
2. Smt. Sharada
W/o Veerupakshappa
Aged about 36 years
K. Hosalli, Post: Gunjahalli
2
Taluk: Sindhnoor
Dist. Raichur - 584 128
3. Sri Hanumantappa
S/o Sannadyavappa
Aged about 50 years
Muddapura, Post: Kolabal
Taluk Sindhnoor
Dist. Raichur - 584 128
... Petitioners
(By Sri Amresh S. Roja, Advocate)
And:
1. The State of Karnataka
Department of APMC
Vidhana Soudha
Bangalore - 560 001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-Operation
M.S. Building
Bangalore - 560 001
Rep. by its Secretary
3. The Director
Agricultural Produce Marketing Committee
No.16, 11th Raj Bhavan Road
P.B. No.5309, Bangalore-01
4. The Deputy Commissioner
Raichur District - 584 101, Raichur
5. The Tahsildar/Returning Officer
Taluk Sindhnoor
Dist. Raichur - 584 128
3
6. Sindhnoor Agricultural Produce
Marketing Committee
Taluk Sindhnoor
Dist. Raichur - 584 128
Represented by its Administrator
... Respondents
(Smt. Arachana P. Tiwari, AGA for R1 to R5;
Sri Mallikarjun C. Basareddy, Advocate for R6)
These writ petitions are filed under Articles 226 and 227
of the Constitution of India, praying to quash the impugned
order at Annexure-E dated 16.11.2016 passed by respondent
No.2 and the calendar of events dated 20.12.2016 in
No.Revenue 2 Election APMC 2016-17 at Annexure-F passed
by the respondent No.5 and direct the respondent Nos.4 & 5
to resume the election process as per Annexure-A from the
stage at which it was interfered by the impugned order in
case of Sindhanoor Taluk APMC.
IN W.P.NOS.206100/2016 & 206236-240/2016:
Between:
1. Akkamahadevi W/o Rajashekhar
Age: 45 years, Occ: Agriculture
R/o Gogi village
Tq. Shahapur, Dist. Yadgiri
2. Mahantagouda S/o Sahebgouda
Age: 41 years, Occ: Agriculture
R/o Ulkkal
Tq. Shahapur, Dist. Yadgiri
3. Sharanappa S/o Dyavappa
Age: 52 years, Occ: Agriculture
R/o Hattigudur
Tq. Shahapur, Dist. Yadgiri
4. Shantamma W/o Mahantagouda
4
Age: 39 years, Occ: Household
R/o Vandaganoor
Tq. Shorapur, Dist. Yadgiri
5. Siddappa S/o Sharnappa
Age: 59 years, Occ: Agriculture
R/o H.No.2-10-53, Kajagarwadi
Yadgiri - 585 201
6. Shivashankarappa
S/o Vasantappa @ Basavantappa
Age: 39 years, Occ: Agriculture
R/o Yelheri Village
Tq. and Dist. Yadgiri
... Petitioners
(By Sri Roja Amresh Sharanappa, Advocate)
And:
1. The State of Karnataka
Department of APMC
Vidhan Soudha
Bengaluru - 560 001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-operation
M.S. Building
Bengaluru - 560 001
Represented by its Secretary
3. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B. No.5309, Bengaluru-01
4. The Deputy Commissioner
Yadgiri - 585 201
5. The Returning Officer/Tahasildar
5
Yadgiri - 585 201
6. The Returning Officer/Tahasildar
Shahapur - 585 202
7. The Returning Officer/Tahasildar
Shorapur - 585 202
8. Yadgiri Agriculture Produce Marketing Committee
Yadgiri - 585 202
Represented by its Administrator
9. Shahapur Agriculture Produce Marketing Committee
Shahapur, Dist. Yadgiri - 585 202
Represented by its Administrator
10. Shorapur Agriculture Produce Marketing Committee
Shorapur, Dist. Yadgiri - 585 202
Represented by its Administrator
... Respondents
(Smt. Arachana P. Tiwari, AGA for R1 to R7;
Sri Mallikarjun C. Basareddy, Advocate for R8 to R10)
These writ petitions are filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ of
certiorari, quashing the impugned notification dated
16.11.2016 under Annexure-J in file No.CD 175 MR 2016
(PART) passed by the respondent No.2 and issue a writ of
mandamus directing the Returning Officer i.e., respondent
No.6 to declare that petitioner No.1 is elected to the
Committee of respondent No.9 from the farmers constituency
i.e., Gogi (K) and etc.
IN W.P.NO.206208/2016:
Between:
Pompanna S/o Malleshappa Gundalli
Age: 48 years, Occ: Trader
R/o Shri Sharnabasaveshwar Mill
6
Maski, Taluk: Lingasugur
District Raichur
... Petitioner
(By Sri Roja Amresh Sharanappa, Advocate)
And:
1. The State of Karnataka
Department of APMC
Vidhan Soudha
Bengaluru - 560 001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-operation
M.S. Building
Bengaluru - 560001
Represented by its Secretary
3. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B. No.5309, Bengaluru-01
4. The Deputy Commissioner
Raichur - 584 101
5. The Returning Officer /Tahasildar
Lingasugur
6. Lingasugur Agriculture Produce
Marketing Committee
Lingasugur Dist. Raichur
Represented by its Administrator
... Respondents
(By Smt. Arachana P. Tiwari, AGA for R1 to R5;
Sri Mallikarjun C. Basareddy, Advocate for R6)
7
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ in the
nature of certiorari or any other appropriate writ or direction
quashing the impugned notification dated 16.11.2016 under
Annexure-E in file No.CD 175 MRE 2016 (PART) passed by
the respondent No.2 so far it pertains to Lingasur, Raichur
District and etc.
IN W.P.NOS.206097-098/2016:
Between:
1. Gundappa S/o Basavanappa
Age: 47 years, Occ: Agriculture
R/o Polakpalli Village
Tq. Chincholi, Dist. Kalaburagi
2. Geeta W/o Vasudev Bammanalli
Age: 45 years, Occ: Agriculture
R/o Baharpet, Chittapur
Tq. Chittapur, Dist. Kalaburagi
... Petitioners
(By Sri Roja Amresh Sharanappa, Advocate)
And:
1. The State of Karnataka
Department of APMC
Vidhan Soudha
Bengaluru - 560 001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-operation
M.S. Building
Bangalore - 560 001
Represented by its Secretary
8
3. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B. No.5309, Bengaluru-01
4. The Deputy Commissioner
Kalaburagi - 585 102
5. The Returning Officer/Tahasildar
Chincholi - 585 102
6. The Returning Officer/Tahasildar
Chittapur - 585 102
7. Chincholi Agriculture Produce
Marketing Committee, Chincholi
Dist. Kalaburagi - 585 102
Represented by its Administrator
8. Chittapur Agriculture Produce
Marketing Committee, Chittapur
Dist. Kalaburagi - 585 102
Represented by its Administrator
... Respondents
(Smt. Arachana P. Tiwari, AGA for R1 to R6;
Sri Mallikarjun C. Basareddy, Advocate for R7 & R8)
These writ petitions are filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ in the
nature of certiorari, quashing the impugned notification
dated 16.11.2016 under Annexure-F in file No.CD 175 MRE
2016 (PART) passed by the respondent No.2 so for it pertains
to the Chittapur and Chincholi District Kalaburagi.
IN W.P.NO.200112/2017:
Between:
Basavaraj S/o Rajeshekharappa Sajjan
Age: 58 years, Occ: Business
9
R/o Shambulingeshwar Rice Mill
Industrial Area, Yadgiri
Tq. and Dist. Yadgiri
... Petitioner
(By Sri Roja Amresh Sharanappa, Advocate)
And:
1. The State of Karnataka
Department of APMC
Vidhan Soudha
Bengaluru - 560 001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-operation
M.S. Building
Bengaluru - 560 001
Represented by its Secretary
3. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B. No.5309, Bengaluru-01
4. The Deputy Commissioner
Yadgiri - 585 202
5. The Returning Officer/Tahasildar
Yadgiri - 585 202
6. Yadgiri Agriculture Produce
Marketing Committee
Yadgiri - 585 202
Represented by its Administrator
... Respondents
(Smt. Arachana P. Tiwari, AGA for R1 to R5;
Sri Mallikarjun C. Basareddy, Advocate for R6)
10
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ in the
nature of certiorari, quashing the impugned notification
dated 16.11.2016 under Annexure-F in file No.CE 175 MRE
2016 (PART) passed by the respondent No.2 and Annexure-G
dated 16.12.2016 in No.¸ÀA/PÀA/Election/APMC/27/2016-17
issued by the respondent No.4.
IN W.P.Nos.65375-376/2016:
Between:
1. Madhavarao
S/o Ganapathrao
Aged about 59 years
Occ: Agriculture
R/o Togalur
Taluk: Basavakalyan
Dist. Bidar - 585 401
2. Hanamanth S/o Anneppa
Aged about 45 years
Occ: Agriculture
R/o Hirnagaon
Tq. Basavakalyan
Dist. Bidar - 585 401
... Petitioners
(By Smt. Rekha Patil, Advocate for
Sri I.R. Biradar, Advocate)
And:
1. The State of Karnataka
Co-operation Department
M.S. Building
Bangalore - 560 001
Reptd. by its Secretary
2. The Deputy Commissioner
Bidar - 585 401, Dist. Bidar
11
3. The Tahsildar/Returning Officer
Basavakalyan - 585 327
Dist. Bidar
4. The Agricultural Produce
Marketing Committee
Basavakalyan - 585 327
Dist. Bidar
Reptd. by its Administrator
... Respondents
(Smt. Archana P. Tiwari, AGA for R1 to R3;
Sri Mallikarjun C. Basareddy, Advocate for R4)
These writ petitions are filed under Articles 226 and 227
of the Constitution of India, praying to quash the impugned
communication dated 16.11.2016 issued by the respondent
No.1 vide Annexure-G insofar as respondent No.4 APMC is
concerned and direct the respondents to declare that the
petitioners are elected as un-contest to the respondent No.4
APMC from Hulsoor Constituency No.5 and Hirnagaon
Constituency No.9 respectively.
IN W.P.NOS.206338-342/2016 & 206348-352/2016:
Between:
1. Veerupanna S/o Rajappa
Age: 40 years, Occ: Agriculture
R/o Hattigudur Village, Sindhanoor
2. Amaregouda S/o Basanna
Age: 37 years, Occ: Agriculture
R/o Chintanal Village, Sindhanoor
3. Kumarappa S/o Amarappa
Age: 40 years, Occ: Agriculture
R/o Udabalagi, Sindhanoor
4. Durgappa S/o Hosagerappa
Age: 43 years, Occ: Agriculture
R/o Sukal Peth, Sindhanoor
12
5. Basalingappa S/o Chanabasappa
Age: 42 years, Occ: Agriculture
R/o Badaralli, Tq. Sindhanoor
6. Laxmi W/o Chandrashekher
Age: 36 years, Occ: Agriculture
R/o Patelwadi, Tq. Sindhanoor
7. Sharanayyagouda S/o Pampannagouda
Age: 33 years, Occ: Agriculture
R/o Sasalmari, Tq. Sindhanoor
8. Venkatreddy S/o Hanmanthappa
Age: 45 years, Occ: Agriculture
R/o Huda Village, Tq. Sindhanoor
9. Basavaraj S/o Sharnapagouda
Age: 45 years, Occ: Trader
R/o APMC Market, Sindhanoor
10. Bheemanagouda
Age: 46 years, Occ: Trader
R/o APMC Market, Sindhanoor
... Petitioners
(By Sri Roja Amresh Sharanappa, Advocate)
And:
1. The State of Karnataka
Department of APMC
Vidhan Soudha
Bengaluru - 560 001
Represented by its
Principal Secretary
2. The State of Karnataka
Department of Co-operation
M.S. Building
Bengaluru - 560 001
Represented by its Secretary
13
3. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B. No.5309, Bengaluru-01
4. The Deputy Commissioner
Raichur - 584 101
5. The Returning Officer/Tahasildar
Sindhanoor
6. Sindhanoor Agricultural Produce
Marketing Committee, Sindhanoor
Represented by its Administrator
... Respondents
(Smt. Archana P. Tiwari, AGA for R1 to R5;
Sri Mallikarjun C. Basareddy, Advocate for R6)
These writ petitions are filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ in the
nature of certiorari, quashing the impugned notification
dated 16.11.2016 under Annexure-G in file No.SE 175 MRE
2016 (PART) passed by respondent No.2.
IN W.P.NO.62759/2016:
Between:
Sri R.Palaxigouda
S/o Late Shivanaganagouda
Aged about 48 years
Residing at Gorebal-Village
Sindhanur-Taluk
Raichur-District
... Petitioner
(By Sri Shivaraj Patil &
Sri R. Hemanth Raj, Advocates)
14
And:
1. The State of Karnataka
By its Principal Secretary
Department of APMC
Vidhana Soudha
Bangalore - 560 001
2. The State of Karnataka
Department of Co-operation
M.S. Building
Bangalore - 560 001
Reptd. by Additional Secretary
3. The Director
Agriculture Produce Marketing Committee
No.16, 11th Raj Bhavan Road
P.B.No.5309 Bengaluru - 560 001
4. The Deputy Commissioner
Raichur District
Raichur - 584 124
5. The Tahasildar/Returning Officer
Sindhanur-Taluk
Raichur-District - 584 128
6. Sindhanur Agriculture Produce
Marketing Committee,
Represented by its Administrator
Sindhanur-Taluk
Raichur-District - 584 128
... Respondents
(Smt. Archana P. Tiwari, AGA for R1 to R5;
Sri Mallikarjun C. Basareddy, Advocate for R6)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the impugned
order dated 16.11.2016 at Annexure-F passed by respondent
15
No.2 and direct respondent Nos.4 & 5 to resume election
process at Annexure-A from the stage where it was stopped
pertaining to the Sindhanur Taluk APMC.
IN W.P.NO.65563/2016:
Between:
Sri Anil Kumar S/o Sridhar Rao
Aged about 58 years
R/at Pratapur
Basava Kalyana Taluk
Bidar District - 585 327
... Petitioner
(By Sri Shivaraj Patil, Advocate)
And:
1. State of Karnataka
Represented by it's Secretary
To Department of Co-operation
M.S. Building
Bangalore - 560 001
2. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B.No.5309, Bangalore - 560 001
3. The Deputy Commissioner
Bidar District, Bidar - 585 401
4. The Tahasildar/Returning Officer
Basavakalyan - 585 327
Bidar District
5. The Agriculture Produce
Marketing Committee
Basavakalyan - 585 327
Bidar District
16
Represented by it's
Administrator
... Respondents
(Smt. Archana P. Tiwari, AGA for R1 to R4;
Sri Mallikarjun C. Basareddy, Advocate for R5)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the impugned
communication/letter dated 16.11.2016 issued by the
respondent No.1 vide Annexure-E to the writ petition insofar
as respondent No.5 APMC is concerned and direct the
respondent Nos.3 & 4 to hold the elections for
Basavakalyana-1 constituency of respondent No.5
Committee from the stage where it stopped pursuant to
Annexure-B.
IN W.P.No.65564/2016:
Between:
Venaktesh @ Girish
S/o Jagannath Tambale
Aged about 39 years
R/at Manthal
Basava Kalyan Taluk
Bidar District - 585 327
... Petitioner
(By Sri Srinivas V., Advocate)
And:
1. State of Karnataka
Represented by it's Secretary
To Department of Co-operation
M.S. Building
Bangalore - 560 001
2. The Director
Agriculture Produce Marketing Committee
17
No.16, 11 Rajabhavan Road
P.B.No.5309, Bangalore - 560 001
3. The Deputy Commissioner
Bidar District, Bidar - 585 401
4. The Tahasildar/Returning Officer
Basavakalyan - 585 327
Bidar District
5. The Agriculture Produce Marketing Committee
Basavakalyan - 585 327
Bidar District
Represented by it's
Administrator
... Respondents
(Smt. Archana P. Tiwari, AGA for R1 to R4;
Sri Mallikarjun C. Basareddy, Advocate for R5)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the impugned
communication/letter dated 16.11.2016 issued by the
respondent No.1 vide Annexure-E to the writ petition insofar
as respondent No.5 APMC is concerned and direct the
respondent Nos.3 & 4 to hold the elections for Manthal-4
Constituency of respondent No.5 Committee from the stage
where it stopped pursuant to Annexure-B.
IN W.P.NO.65567/2016:
Between:
Siddramappa S/o Basvannappa
Aged about 56 years
R/at Harkud
Basava Kalyana Taluk
Bidar District - 585 437
... Petitioner
(By Sri Srinivas V., Advocate)
18
And:
1. State of Karnataka
Represented by it's Secretary
To Department of Co-operation
M.S. Building, Bangalore - 560 001
2. The Director
Agriculture Produce Marketing Committee
No.16, 11 Rajabhavan Road
P.B. No.5309, Bangalore - 560 001
3. The Deputy Commissioner
Bidar District, Bidar - 585 401
4. The Tahasildar/Returning Officer
Basavakalyan - 585 327
Bidar District
5. The Agriculture Produce
Marketing Committee
Basavakalyan - 585 327
Bidar District
Represented by it's
Administrator
... Respondents
(Smt. Archana P. Tiwari, AGA for R1 to R4;
Sri Mallikarjun C. Basareddy, Advocate for R5)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ of certiorari
and quash the impugned communication/letter dated
16.11.2016 issued by the respondent No.1 vide Annexure-E
to the writ petition insofar as respondent No.5 APMC is
concerned and issue a writ of mandamus, directing the
respondent Nos.3 & 4 to hold the elections for Mudubi-8
Constituency of respondent No.5 Committee from the stage
where it stopped pursuant to Annexure-B.
19
IN W.P.NOS.65592-593/2016:
Between:
1. Smt. Basalingamma
W/o Basavaraj
Aged about 42 years
R/o Gogebal
Residing at Gorebal-Village
Manvi-Taluk
Raichur District - 584 128
2. Sri Venkatreddy Amaresh Halapur
S/o Amaresh
Aged about 38 years
R/o Halapur Village
Manvi-Taluk
Raichur-District - 584 128
... Petitioners
(By Sri Shivaraj Patil, Advocate)
And:
1. The State of Karnataka
By its Principal Secretary
Department of APMC
Vidhana Soudha
Bangalore - 560 001
2. The State of Karnataka
Rep. by its Secretary
Department of Co-operation
M.S. Building
Bangalore - 560 001
3. The Director
Agricultural Produce Marketing Committee
No.16, 11th Raj Bhavan Road
P.B.No.5309, Bengaluru - 560 001
20
4. The Deputy Commissioner
Raichur District
Raichur - 584 124
5. The Tahasildar/Returning Officer
Manvi Taluk
Raichur District - 584 128
6. Manvi Agriculture Produce
Marketing Committee
Represented by its Administrator
Manvi-Taluk
Raichur-Districct - 584 128
... Respondents
(Smt. Arachana P. Tiwari, AGA for R1 to R5;
Sri Mallikarjun C. Basareddy, Advocate for R6)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ of certiorari,
quashing the impugned order dated 16.11.2016 as per
Annexure-E passed by respondent No.2 and issue a writ of
mandamus, directing the respondent Nos.4 & 5 to resume
the election process as per Annexure-A from the stage where
it was stopped pertaining to the Manvi Taluk APMC.
These petitions having been heard and reserved on
03.09.2019, coming on for pronouncement of order this day,
the Court made the following:-
ORDER
Since common and akin issues are involved in these petitions, the same are clubbed, heard together and disposed of by this common order.
21
2. The petitioners have assailed the notification dated 16.11.2016 issued by the respondent No.2 and the calendar of events dated 20.12.2016 issued by the respondent No.5 - The Tahasildar/Returning Officer inter alia seeking a direction to respondent Nos.4 and 5-
The Deputy Commissioner and The Tahasildar/Returning Officer respectively, to resume the election process as per the notification dated 13.10.2016 from the stage at which it was interfered by the impugned order in case of the six APMCs.
3. It is contended that the State Government has no power to reschedule the elections and the impugned notification dated 16.11.2016 has to be read as postponement of elections and the elections are to be continued from the stage at which they were interrupted.
4. Learned counsel for the petitioners would submit that insofar as some of the writ petitions are 22 concerned, the elections were concluded in terms of the notification dated 13.10.2016 and only the declaration of the results is required to be made. The withdrawal of the notification dated 13.10.2016, fixing the calendar of events and issuing a fresh calendar of events as per the notification dated 16.11.2016 would adversely affect the rights accrued to the petitioners.
5. Learned counsel for the petitioners placed reliance on the ruling of the Cognate Bench (Principal Bench) in Writ Petition Nos.59785-787/2016 and allied matters, wherein the learned Single Judge has quashed the notification dated 16.11.2016 insofar as it relates to the elections of APMC constituencies, i.e., item Nos.6 and 9 - Kudluru and Karakuchhi constituencies.
6. Learned counsel appearing for the respondent - APMC placing reliance on the order of another Cognate Bench (Dharwad Bench) in Writ Petition Nos.109305/2016 and allied matters would 23 submit that in terms of Section 13(4) of the Agricultural Produce Marketing (Regulation and Development) Act, 1966 ('the Act' for short), the State Government is empowered to cancel the calendar of events or postpone the poll. The learned counsel referred to the order passed by the Hon'ble Judge dated 15.11.2016 passed on I.A.1/2016 in W.P.Nos.30969-980/2016 filed by the State seeking for extension of time to complete the election process of all 139 APMCs. Pursuant to the order of the Hon'ble Judge and the undertaking given by the Secretary to the Government, Department of Co- operation extending the time to conduct the election up to 20.01.2017, revised calendar of events has been issued in terms of the impugned notification dated 16.11.2016. The same being upheld by the Cognate Bench (Dharwad Bench) in Writ Petition Nos.109305/2016 and allied matters, these writ petitions deserve to be dismissed.
24
7. Learned Additional Government Advocate appearing for the respondents-State supports the contentions raised by the learned counsel for the APMC and seeks for dismissal of the writ petitions.
8. I have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the material on record.
9. This Court, vide order dated 13.06.2016 in Writ Petition Nos.30969-980/2016 and allied matters had directed the State to conduct the elections to the APMCs across the State on or before the period as indicated in para 24 (2) (i) to (iii), which reads thus:
"(i) 19 APMCs whose term has ended prior to 2016, 2 APMCs whose term has ended in April, 2016 and 77 APMCs whose term have ended on 31.05.2016, shall be held on or before 31.08.2016.
(ii) Term of APMCs which are coming to an end in June/July/August, 2016 whose 25 numbers are 34, 01 & 05 respectively, shall be held on or before 15.11.2016.
(iii) Remaining 1 APMC whose term would come to an end during November, 2016, shall be held on or before 31.12.2016."
10. Subsequently I.A.No.II/2016 came to be filed in Writ Petition No.30925/2016 and connected matters by the State, seeking for extension of the period for conducting the elections for reasons assigned in the application. After hearing the learned counsel for the parties, the Cognate Bench of this Court by order dated 23.08.2016 had extended the time observing to the following effect:
"5. Having heard the learned Advocates appearing for parties and on perusal of order passed by this Court on 13.06.2016 and also taking note of the fact that term of market committees across the State would come to an end intermittently during the period of August' 2016, November' 2016 and December' 2016, request or prayer made by the learned 26 Advocate General deserves to be granted since same being reasonable and reason for extension is genuine. Hence, this Court is of the considered view that prayer sought for in the application is granted by allowing the application and it is made clear that no further extension would be granted."
11. On I.A.1/2016 filed by the State in Writ Petition Nos.30969-980/2016, the Cognate Bench of this Court allowed the said I.A.1/2016 extending the time to conduct the election up to 20.01.2017. It was made clear that election process shall be completed and concluded by 20.01.2017. An undertaking was given by the State to complete the election process by 20.01.2017, without seeking any further extension of time or in any way seeking to exercise any power under the enabling provisions under Section 13(4) of the Act in the proceedings of I.A.1/2016 in Writ Petition Nos.30969-980/2016, which is extracted herein: 27
"5. In addition to the submissions made under the said application, the Applicant-State submits that, they would schedule the elections, complete the entire process by 20.01.2017, starting the process by 2nd week of December 2016 and, an instruction addressed to the concerned Deputy Commissioners drawing out a tentative calendar has been prepared and enclosed to this application. The Applicant-State would issue necessary directions in terms of the drat schedule to all the Deputy Commissioners and, this deponent the Secretary for the State, in the Department of Co-operation undertakes to complete the election process by 20.01.2017 without seeking any further extension or in any way seeking to exercise any power under the enabling provisions under Section 13(4) of the Act."
12. Subsequent to the order passed by the Hon'ble Judge on 15.11.2016 on I.A.1/2016 referred to above, the fresh calendar of events has been issued by the State which is impugned herein mainly on the ground that the State Government has no power to 28 withdraw the earlier calendar of events. It is required to proceed with the election process from the stage where it was interrupted. Thus, the only point that arises for consideration in this batch of writ petitions is, "Whether the State is empowered to issue a fresh calendar of events in terms of the notification impugned, withdrawing the earlier notification dated 13.10.2016?
13. The learned Judge (Principal Bench) in Writ Petition Nos.59785-787/2016 has quashed the notification dated 16.11.2016 insofar as it relates to the elections of APMC Constituencies No.6-Kudluru, 9-Karakucchi. The Deputy Commissioner, Chikkamagalur had been directed to complete the election process commenced in terms of the earlier notification dated 13.10.2016.
14. In Writ Petition No.109305/2016 and allied matters, (Dharwad Bench) the learned Judge, 29 considering the said decision vis-à-vis Section 13(4) of the Act has observed that the impugned notification dated 16.11.2016, withdrawing the calendar of events notified earlier is legally valid. As could be seen in Writ Petition No.59785-787/2016, reliance is placed on the judgment of this Court rendered in the case of K. CHANNAIAH AND OTHERS v. STATE OF KARNATAKA AND OTHERS reported in ILR 2000 KAR 2572. The said judgments were rendered in the context of the Karnataka Co-operative Societies Act, 1959 while interpreting the scope of Section 30B of the said Act, 1959 which reads as under:
"30B. Powers to give direction in public interest:- (1) Where the State Government is satisfied that in public interest and for the purposes of securing proper implementation of co-operative and other development programmes approved or undertaken by the State Government or for specially safeguarding the interest of the members belonging to the Scheduled Castes, 30 Scheduled Tribes and other Backward Classes and ensuring reservation to persons belonging to such Castes, Tribes or Classes in the services under the Co-operative Societies, it is necessary to issue directions to any class of Co- operative Societies generally or to any Co-operative Society or Co-operative Societies in particular, it may issue directions from time to time and all such Co-operative Societies or the Co-operative Society concerned shall be bound to comply with such directions.
(2) The State Government may modify or cancel any directions issued under sub-
section (1) and in modifying or cancelling such directions may impose such conditions as it may deem fit.
(3) The State Government may by notification, delegate its power under this section to the Registrar subject to such restrictions and conditions as may be specified in the notification."
15. In terms of the said provision, it is clear that no specific power is vested in the State to cancel the 31 calendar of events or postpone the poll, whereas sub- section (4) of Section 13 of the Act specifically empowers the State Government for cancellation of the calendar of events or postponement of the poll. The said provision is extracted hereunder for ready reference:
"13. Superintendence, direction and control of elections -
(1) xxxx (2) xxxx (3) xxxx (4) Notwithstanding anything contained in any law for the time being in force, the State Government may issue instructions relating to all matters connected with elections to the market committees including directions for cancellation of the calendar of events or postponement of the poll."
16. At the time of disposal of I.A.1/2016 for extension of time to conduct the elections, proposed fresh calendar of events drawn was placed on record 32 along with the affidavit filed by the Secretary to the Government, Department of Co-operation. Considering the said proposed calendar of events along with the undertaking given by the State, the learned Judge has allowed I.A.1/2016 extending the time as sought for, placing the undertaking of the Secretary to the Government, Department of Co-operation on record. The order dated 15.11.2016 passed on I.A.1/2016 enables the State to issue fresh calendar of events. The said order dated 15.11.2016 has reached finality.
17. Hence, the point that arises for consideration of this Court is answered in affirmative holding that the State Government is empowered to withdraw the calendar of events or postpone the poll in terms of Section 13(4) of the Act. However, in view of the calendar of events issued in terms of the notification dated 16.11.2016 being lapsed, the State Government is directed to issue revised calendar of events in terms of 33 Section 13(4) of the Act to conclude the election process of the constituencies involved herein within a period of forty five days. A revised calendar of events shall be issued within thirty days from the date of receipt of a certified copy of the order and the election process shall be completed within a period of forty five days thereafter.
With the aforesaid observations and directions writ petitions stand disposed of.
In view of disposal of the writ petitions, I.A.1/2017 in W.P.No.206100/2016 stands disposed of.
Sd/-
JUDGE LG