Case Note & Summary
The writ petitions were filed before the High Court of Karnataka challenging an order dated 08.09.2023 issued by the Deputy Registrar of Co-operative Societies cum District Election Officer directing the Returning Officer to postpone the election to the Shri Jayabharathi Educational Co-operative Society Ltd. The election process had commenced with the issuance of a calendar of events on 31.08.2023. The petitioners, who are members and office bearers of the society, contended that the District Election Officer lost jurisdiction to interfere with the election process once the calendar was issued. They alleged malafide interference by State authorities at the behest of inimical persons. The State and Election Authority respondents justified the postponement on the ground that the society had failed to comply with Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960, regarding preparation of the voter list, and that there were discrepancies in identifying eligible voters. An impleading application was filed by other members supporting the postponement. The court framed the primary issue of jurisdiction, noting that the contention regarding the District Election Officer's authority went to the root of the matter. The judgment fragment does not include the final decision or ratio decidendi.
Headnote
A) Cooperative Societies - Elections - Jurisdiction to postpone - Karnataka Co-operative Societies Act, 1959, Section 28A(4), Rule 13D(2-A) of Karnataka Co-operative Societies Rules, 1960 - The District Election Officer directed the Returning Officer to postpone the election after the calendar of events had been issued, raising the question of whether such authority exists once the election process is set in motion (Paras 10-12).
Issue of Consideration
Whether the District Election Officer had the jurisdiction to postpone the election after the calendar of events was issued.
Law Points
- Jurisdiction of District Election Officer to postpone election after issuance of calendar of events
