The Karnataka High Court has held that the delay in holding the elections to the board of directors of the Tumkur Cooperative Milk Producers Association due to the holding of the Parliamentary elections (Lok Sabha) was justified.
A bench comprising Chief Justice NV Anjaria and Justice KV Aravind made the observation while hearing an appeal filed by the current president of the milk society, challenging the single-judge order dismissing their plea seeking a direction to the Cooperative Election Commissioner to conduct elections to the society.
Alternatively, he sought permission for the existing board to continue and manage the affairs of the association without disqualifying himself from holding that office.
During the hearing of the appeal, it was informed to the court that the state government had issued a notification extending the term of the committee but in a subsequent notification revoked the earlier notification. The government counsel also submitted that now the election programme has been notified.
The Court referred to Section 28-A(4) of the Societies Act and pointed out that the term of office of a director is five years from the date of his/her election and he/she is deemed to have retired from office on the expiry of his/her term.
The Court rejected the appellant’s argument that the respondents’ failure to announce the date of the election and to conduct the election was not only illegal but also reprehensible. It stated:
“The Parliamentary elections were a valid reason and sufficient ground for failure to adhere to the schedule since the administrative staff and the entire machinery were preoccupied with the general elections. The scheduled elections to the Board of Directors of the Society were necessarily delayed. In such circumstances, pedantic admission serves no purpose. The Court holds that there was no gross irregularity in giving belated notice of the elections.“
The court further refused to direct that the elections be rescheduled and held earlier than notified.Any election should be held without any delay and at any level of a democratic system, elections must be held on time. But in this case, the co-operative elections could not be held on time and the schedule could not be adhered to immediately as general parliamentary elections were imminent and elections were being held in between. This was for a valid reason.”
“Pragmatism and flexibility are not alien elements in determining the electoral dates without sacrificing higher democratic principles. The electoral dates have already been set and the electoral process has begun. The stages of the elections have begun from May 2024. The dates have been set to provide for the various stages in accordance with the statutory requirements. Court interference in the electoral programme at this stage would adversely disrupt the elections already underway. Courts will not tinker or disrupt the electoral programme.”
The court dismissed the appeal, saying it was always unwilling to interfere in the electoral process.The dates have also been notified and once the election dates have been declared, no further orders are required for this election. It is ultimately the province of the Election Commission to fix the dates for the elections.”
Present: DR Ravishankar, Senior Advocate General for the appellant and Advocate Nagaraju
Additional Solicitor General Prathima Honnapura and Additional Government Solicitor General Niloufer Akbar are in charge of R 1, 3 and 4.
In R5 I will be defending ACBalaraj.
Citation Number: 2024 LiveLaw (Kar) 298
Case Name: CV Mahalingaiah & Others, State of Karnataka & Others
Case No.: Writ Appeal No. 280 of 2024
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