Ashok Bhupal v. State Of Karnataka Department Of APMC
2019-09-12
S.SUJATHA
body2019
DigiLaw.ai
JUDGMENT : S Sujatha, J. Since common and akin issues are involved in these petitions, the same are clubbed, heard together and disposed of by this common order. 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 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 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.
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 Cooperation 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. 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 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.
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 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: 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.
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 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, considering the said decision vis-a-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, (2000) ILR(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, 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 Cooperative 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 subsection (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 calendar of events or postpone the poll, whereas subsection (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 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 Section 13(4) of the Act to conclude the election process of the constituencies involved herein within a period of forty five days.
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 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.