Karur Milk Producer Co-Operative Society Limited-Karur v. State of Karnataka, Department of Co-Operation
2025-06-02
M.NAGAPRASANNA
body2025
DigiLaw.ai
ORDER : M. Nagaprasanna, J. The petitioners, in W.P.Nos.103589 of 2024 and 103590 of 2024 call in question calendar of events so issued on 20-06-2024 by the 5 th respondent and seek a consequential direction by issuance of a writ in the nature of mandamus to hold elections strictly in consonance with the Government Order dated 05-06-2024 and corrigendum to the said order dated 13-06-2024 and a further mandamus is sought to direct the 5 th respondent not to permit casting of any vote and contest the voters in the societies that are the subject matter of the petitions. W.P.No.106546 of 2024 is filed seeking to quash the Government Order dated 05-06-2024 and the corrigendum to the said order dated 13-06-2024 and also seeking a mandamus to direct the 2 nd and 3 rd respondents to conduct elections to the 5 th respondent Union from the stage it was stopped. 2. Heard Sri Jayakumar S. Patil, learned senior counsel appearing for the petitioner in W.P.No.103589 of 2024, Sri M R Rajagopal, learned counsel appearing for petitioners in W.P.Nos.103590 of 2024 and 106546 of 2024; Sri J.M. Gangadhar, Additional Advocate General for respondents 1, 4, 5 and 7 in W.P.No.103589 of 2024 and respondents 1, 4, 5 and R8 in W.P.No.103590 of 2024 and respondent No.1 in W.P.No.106546 of 2024; Sri G.V. Bharamagoudar, learned counsel appearing for respondents 2 and 3 in all the petitions, Sri Harish S. Maigur, learned counsel appearing for respondent No.6 in W.P.Nos.103589 and 103590 of 2024 and respondent No.5 in W.P.No.106546 of 2024; and Sri M.B. Hiremath and Sri Prabhuling Navadagi, learned senior counsel appearing for respondents 8 to 11 in w.P.No.103589 of 2024 and respondents 9 to 14 in W.P.No.103590 of 2024. 3. Before embarking upon consideration of cases at hand, I deem it appropriate to notice the protagonists in these petitions. In Writ Petition No.103589 of 2024 and Writ Petition No.106546 of 2024 petitioners are Karur Milk Producers Cooperative Society Limited, Karur and Nandhi Bevuru Milk Producers Cooperative Society Limited, Nandhi Bevuru respectively. Petitioner in Writ Petition No.103590 of 2024 is a private individual. The respondents are the State of Karnataka and officers of the Department of Co- operation. The 5 th respondent in W.P.Nos.103589 and 103590 of 2024 and 4 th respondent in W.P.No.106546 of 2024 are common, the Returning Officer/ Assistant Commissioner, Ballary District.
Petitioner in Writ Petition No.103590 of 2024 is a private individual. The respondents are the State of Karnataka and officers of the Department of Co- operation. The 5 th respondent in W.P.Nos.103589 and 103590 of 2024 and 4 th respondent in W.P.No.106546 of 2024 are common, the Returning Officer/ Assistant Commissioner, Ballary District. There are other private respondents whose description would not be required to be specifically noticed. 4. Facts, in brief, adumbrated are as follows: On 24-04-1976, it appears, the Society in W.P.No.103589 of 2024 comes into existence. The 6 th respondent, the Raichur Bellary Koppal and Vijayanagar District Milk Producers Cooperative Societies Union Limited was renamed as the 6 th respondent after the newly formed District of Vijayanagar. Pursuant to the order of the 4 th respondent/Joint Registrar of Cooperative Societies dated 09-11-2022, the bye-laws of the 6 th respondent newly named Society were amended under Section 12(2) of the Karnataka Cooperative Societies Act , 1959 (hereinafter referred to as ‘the Act’ for short). Despite the 6 th respondent being a federal Society, the number of Directors remained as 12 and the averment in the petitions is that it was in violation of Section 28A of the Act which mandates that for a federal society the number of Directors should be 21. A notice is issued on 16-09-2023 in terms of Rule 13D(2)(ii) of the Karnataka Cooperative Societies Rules , 1960 (‘the Rules’ for short) to all the ineligible voters who had allegedly suffered disqualification under Section 20 of the Act. It is the averment in the petitions that no objections were filed by any of those noticees i.e., the allegedly suffered ineligible candidates. On 07-12-2023 the 4 th respondent/Joint Registrar of Cooperative Societies returns back the proposed amendment to the byelaws as it had several defects and were in violation of the Act and the Rules. On 29-12-2023 the 3 rd respondent/Deputy Commissioner and District Election Officer, Ballary appointed one Ramanjini Reddy as the Verification Officer for verification of voters list and for publication of final list of eligible voters as obtaining under Rule 14(2) of the Rules. This was in respect of the Society in Writ Petition No.103589 of 2024. 5. Insofar as the Society in W.P.No.106546 of 2024 is concerned, one N. Hemanth/Assistant Commissioner, Ballary was appointed as the Verification Officer. A provisional voters list was published on 21-03-2024.
This was in respect of the Society in Writ Petition No.103589 of 2024. 5. Insofar as the Society in W.P.No.106546 of 2024 is concerned, one N. Hemanth/Assistant Commissioner, Ballary was appointed as the Verification Officer. A provisional voters list was published on 21-03-2024. The Government of Karnataka, on the same day, issued a notification postponing the elections for the Board of Directors of all Societies in the State until 06-06-2024 in view of ensuing Parliament elections and the Code of Conduct coming into force. The term of the existing Board of Directors was extended in terms of the notification. The election process that had commenced by issuance of final voters list was temporarily stalled. The elections to the Parliament got over. The role of the earlier Government order which had stopped the elections permanently was to expire on 06-06-2024. 6. A day previous to the said date of expiry, the Government issues another order on 05-06-2024 holding that elections will be held only to those Societies where the Returning Officer had issued calendar of events on or before 21-03-2024 and elections to such societies would continue from the stage at which it was interfered with and in case the Returning officer had not issued the calendar of events, the election process ought to start afresh. On 13-06-2024 comes the corrigendum modifying the Government Order dated 05-06-2024. The corrigendum was to the effect that where calendar of events was not published by the Returning Officer, but the delegates of all the voting members have been selected and submitted to the Association i.e., secondary, federal organization, apex cooperative societies for preparation of final voters list, in such cases, election process would commence from the stage at which it was stopped on 21-03-2024. It again clarified that in all other cases where calendar of events was not published, fresh notice in accordance with Rule 13D and Rule 2(2)(A) of the Rules would prevail. 7. On 15-06-2024, the Deputy Commissioner and District Election Officer addresses a communication to the 1 st respondent seeking clarification whether elections to the 6 th respondent/Society should be conducted in terms of Government order dated 05-06-2024 or the corrigendum dated 13-06-2024, as the calendar of events for the election of 6 th respondent/Society was not yet notified as on 21-03-2024.
On 15-06-2024, the Deputy Commissioner and District Election Officer addresses a communication to the 1 st respondent seeking clarification whether elections to the 6 th respondent/Society should be conducted in terms of Government order dated 05-06-2024 or the corrigendum dated 13-06-2024, as the calendar of events for the election of 6 th respondent/Society was not yet notified as on 21-03-2024. On 20-06-2024, the Returning Officer issues the impugned calendar of events scheduling the elections of the 6 th respondent/Society on 12-07-2024 and in terms of which, filing of nominations was said to commence from 27-06-2024. On 25-06-2024, the Deputy Registrar of Cooperative Societies communicates to the Returning Officer that the Deputy Commissioner has communicated that elections to the 6 th respondent/Society should only be conducted after receiving the clarification regarding the election process. The clarification would be from the hands of the 1 st respondent. 8. On 26-06-2024, the next day, the Deputy Registrar of Cooperative Societies instructs the Returning Officer to hold elections to the Raichur, Ballary and Koppal Districts for the posts of 12 Directors excluding Vijayanagar District. On the next day, comes Writ Petition Nos.103589 of 2024 and 103590 of 2024. 21 candidates file their nominations in terms of calendar of events so notified. This Court grants an interim order of stay of calendar of events on 01-07-2024. Another Writ Petition No.106546 of 2024 is also preferred challenging the very same action. It is, therefore, the three writ petitions are heard together and considered by this common order. 9. Learned senior counsel for the petitioners Sri Jayakumar S.Patil has projected common arguments in all the cases. It is his submission that the action of the Returning Officer in issuing the calendar of events is in violation of the Government directives in terms of Government orders dated 05-06-2024 and 13-06-2024. The 6 th respondent/Society being a federal society should have 21 elected members on its Board, but has only 12 which has resulted in lack of representation of nine of the Districts. The Government orders dated 05-06-2024 and 13-06-2024 made it clear that in case where the Returning Officer had not issued calendar of events on or before 21-03-2024, the election process would start afresh after complying with the rigour of the Act and the Rules.
The Government orders dated 05-06-2024 and 13-06-2024 made it clear that in case where the Returning Officer had not issued calendar of events on or before 21-03-2024, the election process would start afresh after complying with the rigour of the Act and the Rules. He would vehemently contend that the Returning Officer in the case of Society had not issued calendar of events as obtaining under Rule 14(3) of the Rules before 21-3-2024 and, therefore, could not have issued calendar of events on 20-06-2024. The learned senior counsel would submit that the Returning Officer was trying to complete the elections in haste, only with an intention to keep away fresh members in contesting the elections. It is his submission that the action of issuing calendar of events excluding Vijayanagar District is in violation of Section 28A of the Act. 10. Per contra, all the respondents in unison represented by the State and the learned senior counsel Sri Prabhuling Navadagi would vehemently contend that the proposal to increase Directors was rejected by the 4 th respondent/Joint Registrar of Cooperative Societies, due to which elections for the Society has to be held in terms of the existing bye-laws. The process of conducting elections not being objected nor opposed to by the petitioners pursuant to the appointment of the Returning Officer, the elections now cannot be opposed by the petitioners after the preparation of voters list and issuance of notices to ineligible candidates by the Returning Officer. 10.1. They would seek to place heavy reliance upon the judgment of the coordinate bench rendered on 19-06-2024 in Writ Petition Nos. 15653 of 2024 and connected cases , which decides an identical question and dispose of petitions recording the submission of the Government and directing the State to hold election from the stage it was halted. The process of election having already begun, the writ petitions in the nature they are presented are not entertainable is the emphatic submission of the learned senior counsel. Notice under Rule 13D(2)(ii) was issued way back on 16-09-2023 to all ineligible voters who had suffered disqualification under Section 20 of the Act. However, no objections were filed by any of the ineligible candidates. Therefore, the petitioners cannot now claim that the process has to commence from issuance of notice under Rule 13. 10.2.
Notice under Rule 13D(2)(ii) was issued way back on 16-09-2023 to all ineligible voters who had suffered disqualification under Section 20 of the Act. However, no objections were filed by any of the ineligible candidates. Therefore, the petitioners cannot now claim that the process has to commence from issuance of notice under Rule 13. 10.2. The Government orders upon which the petitioners place reliance upon cannot be relied or read in isolation to contend that new voters list has to be prepared or the process of election has to commence afresh. The process of election has begun in December, 2023 itself by appointment of Election Officer, after which the Election Officer issued a notification on 29-12-2023 announcing the elections. The learned senior counsel would seek to place reliance on several judgments of the Apex Court to contend that once the election process commences it cannot be stalled by an order of this Court. 11. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 12. It would suffice if the narration of facts would commence from the notice issued under Rule 13D(2)(ii) of the Rules. Rule 13D(2)(2A) of the Rules reads as follows: 13-D. Preparation of Electoral Rolls and calendar of events … … … (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the cooperative societies indicating the name and address of each society; (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely. – (i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum services or facilities in a co- operative year as specified in the bye-laws for three consecutive co-operative years.
– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum services or facilities in a co- operative year as specified in the bye-laws for three consecutive co-operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. (v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.” In compliance with the Rules, all those persons who have suffered disqualification under Section 20 of the Act were notified in terms of Rule 13D(2)(2A). The notice so issued reads as follows: Therefore, the process of notifying ineligible voters was initiated on 16-09-2023. It is the averment in the objections which is not disputed that none of them filed any objections to the notices so issued. When things stood thus, the 3 rd respondent/Deputy Commissioner appoints one Ramanjini Reddy as the Election Officer for the purpose of verification of voters list and also publication of final list of eligible voters as obtaining under rule 14(2) of the Rules.
When things stood thus, the 3 rd respondent/Deputy Commissioner appoints one Ramanjini Reddy as the Election Officer for the purpose of verification of voters list and also publication of final list of eligible voters as obtaining under rule 14(2) of the Rules. The order of appointment reads as follows: After verification, a provisional voters list was published on 09-02-2024 and the final voters list was prepared and published on 12-03-2024 by the person who was appointed as the Election Officer in terms of the order quoted supra. Voters list is appended to the statement of objections. It clearly declares that it is the final eligible voters list as obtaining on 12-03-2024 for elections to be held on 31-03-2024. Therefore, the voters list is notified on 12-03-2024. There cannot be a qualm about it and the voters list is final. When things stood thus, on 21-03-2024 the State Government issues a notification postponing the elections of Board of Directors of all Societies in the State of Karnataka till 06-06-2024 owing to Code of Conduct for the ensuing Parliament elections. The Government order reads as follows: The Government order supra was to be in operation up to 06-06-2024. The Government order clearly depicted that wherever calendar of events has been notified, those Societies shall stall the elections as obtaining on the date of issuance of Government order till 06-06-2024 and will proceed further from the stage at which it was stopped. 13. Since the Government order was to be in operation up to 06-06-2024, the previous day i.e., on 05-06-2024 comes another Government order. The said Government order reads as follows : Here certain obfuscation generated. Clauses 1 and 3 of the said Government order assume significance. Clause-1 depicts that wherever calendar of events is notified by the Returning Officer as on 21-03-2024, elections shall be continued from that stage. Clause-3 depicts that wherever calendar of events is notified by the Returning Officer or wherever provisional list is notified, those Societies will have to restart the election process from the stage of compliance with Rule 13D(2)(2A)which would mean that a fresh notice of those ineligible voters who have suffered disqualification under Section 20 of the Act is to be issued. Then comes the corrigendum on 13-06-2024.
Then comes the corrigendum on 13-06-2024. The corrigendum reads as follows: The corrigendum depicts that, where the Returning Officer has not issued calendar of events and only provisional voters list has been notified, those Societies will have to commence the process by issuance of notice under Rule 13D(2)(2A). 14. On 15-06-2024 after issuance of Government order, the election process to the 6 th respondent/Society is directed to commence from the stage at which it was stopped. The direction by the Deputy Commissioner is quoted supra. Accordingly, the calendar of events was notified by the Returning Officer on 20-06-2024. The calendar of events reads as follows: Clarification is issued to the Returning Officer by the 4 th respondent/Joint Registrar of Cooperative Societies on 26-06-2024 and the clarification reads as follows: The clarification is to exclude Vijayanagar District and conduct elections to other Districts. The issue now is boiled down as to whether, the election process had commenced or the election process had to commence in terms of the Government order. It would not require deeper delving into the matter, as these two Government orders form the subject matter of cluster of petitions before the Principal Bench of this Court in W.P.Nos.15653 of 2024 and connected cases. I, therefore, deem it appropriate to paraphrase the order passed by the coordinate Bench. The issue that came up before the coordinate Bench is as follows:- “These writ petitions have been filed by members of the various Co-operative Societies aggrieved by the impugned Government Order bearing No.CO.34.CLM.2024 Bangalore dated 05.06.2024. 2. The impugned Government Order was issued on 05.06.2024 permitting the holding of elections to the Co- operative Societies which were earlier interfered due to the Parliamentary elections and the notification of the Model Code of Conduct. However, it is contended that in the impugned Government Order, certain conditions are imposed which are detrimental to the interest of all such Co-operative Societies who had commenced the process of election much prior to the issuance of the Model Code of Conduct.” The contention of the learned counsel before the coordinate Bench is as follows: “3. Learned Senior Counsel Sri Jayakumar S.Patil, appearing on behalf of the petitioners had pointed out that some of the petitioner-Societies and the members had earlier filed such writ petitions being aggrieved of another notification dated 21.03.2024.
Learned Senior Counsel Sri Jayakumar S.Patil, appearing on behalf of the petitioners had pointed out that some of the petitioner-Societies and the members had earlier filed such writ petitions being aggrieved of another notification dated 21.03.2024. Learned Senior Counsel points out to an interim order passed by this Court on 25.04.2024 in W.P.No.11962/2024 clubbed with W.P.Nos.10141/2024 and 10280/2024 and submits that in paragraph (1) of the notification, it was directed that the existing board of management shall continue till 06.06.2024 and the question of appointing Administrator/ Special Officer would not arise. However, the submission of the learned Senior Counsel was also recorded that the work involved as contemplated under Rule 13- D(2) of the Karnataka Co-operative Society Rules, 1960 (hereinafter referred to as ‘the Rules’ for short) would take around 60 days and accordingly, even after 06.06.2024, the benefit at paragraph (1) of the notification dated 21.03.2024 needs to be extended till the actual holding of election. For easy reference the entire order dated 25.04.2024 is extracted herein below: “The petitioners have sought for setting aside the notification at Annexure-E dated 21.03.2024, whereby the State Government has taken note of the inability to hold elections to the Society in light of the ensuing elections to the Lok Sabha and the coming to force of the code of conduct and accordingly, has passed the order as follows: It is noticed that by virtue of the said Government notification at paragraph No.1, there is an observation that the existing Board of Management would continue till 06.06.2024 and the question of appointing the Administrator / Special Officer would not arise. However, learned Senior Counsel Sri. Jayakumar S. Patil, appearing for the petitioners submits that the work involved as contemplated under Rule 13-D(2) of the Karnataka State Co-operative Societies Rules, 1960 would be around 60 days and accordingly, even after 06.06.2024 the benefit at paragraph No.1 of the notification dated 21.03.2024 needs to be extended till the actual holding of election. It is further submitted that last of the polling date would be on 07.05.2024 and in order to address the grievance of the petitioner, it would be appropriate for the Government if otherwise it is practicable to commence the preparatory steps leading to the polling. However such aspect is a matter to be considered by the State Election Authority and the Government.
However such aspect is a matter to be considered by the State Election Authority and the Government. The grievance as pointed out by the petitioner is a common grievance in many of the societies as well where there exists a similar factual context. The State to take an appropriate stand. Re-list these matters on 29.05.2024. Copy of this order to be furnished to the counsel appearing for State Election Authority and the Government Advocate.” The further observation and consideration at the hands of the coordinate Bench is as follows: “…. …. …. 4. In view of the directions issued by this Court, the Additional Chief Secretary of the Department of Co-operation made a written communication dated 23.05.2024 to the State Co-operative Election Authority clarifying that it would not be permissible to permit the continuation of the election process during the operation of the Model Code of Conduct. Nevertheless, it was also clarified that if the process of election were set in motion in accordance with law, having regard to Rules 13-D(5) and 13-D(3) of the Rules, in all such societies, the process will be permitted to be continued from the stage when it was interfered. 5. Learned Senior Counsel submitted that inspite of such an assurance given by the State Government, nevertheless, in the impugned Government Order dated 05.06.2024 it is directed that elections are permitted for those societies where calendar of events are issued by the Returning Officer and other societies ought to re-start the election process after considering the year 2023-24 AGM and complying with Rule 13-D of the Rules. Learned Senior Counsel therefore submitted that the State Government should not be permitted to approbate and reprobate according to its convenience. 6. However, during the course of these proceedings, the State Government has issued a corrigendum order dated 13.06.2024 clarifying its earlier Government Order dated 05.06.2024. It has been clarified that in all cases where the process of election were commenced and halted as on 21.03.2024, it would be permissible to continue from the stage where it was stopped due to the issuance of notification at the hands of the State Government. 7. Nevertheless, learned Senior Counsel submitted that the position again remains that only in cases where the Returning Officer had published the calendar of events, it would become permissible to commence from the stage when which the election process were halted.
7. Nevertheless, learned Senior Counsel submitted that the position again remains that only in cases where the Returning Officer had published the calendar of events, it would become permissible to commence from the stage when which the election process were halted. Learned Senior Counsel would therefore submit that having regard to the fact that the petitioners had earlier approached this Court and a specific direction was issued by this Court in respect of the petitioner- Societies and it was clarified by the State Government that it will permit the continuation of the election process in respect of the petitioner-Societies from the stage when which it was halted, this Court should clarify the Corrigendum Order so that the process of elections insofar as the petitioner-Co-operative Societies are concerned shall proceed from the stage when it was halted. 8. Having regard to the submissions made by the learned Senior Counsel and having found that insofar as the petitioner- Societies are concerned, specific directions were issued by this Court seeking clarification at the hands of the State Government and the State Government through the Additional Chief Secretary Department of Co-operation has specifically stated in the communication dated 23.05.2024 that the petitioner- Societies will be permitted to continue from the stage when it was the election process were halted, necessary directions are required to be issued. 9. At this stage, learned AGA submits that if this Court were to issue directions clarifying the Government Orders including the corrigendum order dated 13.06.2024, the benefit should be restricted only to the Co-operative Societies in these petitions viz., The Karnataka State Co-operative Consumers Federation; Shivamogga Davanagere and Chitradurga District Co-operative Milk Producers Union and The Karnataka State Co- operative Housing Federation Limited, since specific directions were issued by this Court only in respect of the petitioner-Co- operative Societies. 10. The submission made by the learned AGA is accepted. 11.
10. The submission made by the learned AGA is accepted. 11. Consequently, the writ petitions are disposed of with a specific direction to the State Co-operative Election Authority, Regional Commissioner, Bangalore Division and Apex Co- operative Societies Election Officer to continue the process of election insofar as the petitioner-Co-operative Societies viz., The Karnataka State Co-operative Consumers Federation, Shivamogga Davanagere and Chitradurga District Co-operative Milk Producers Union and The Karnataka State Co-operative Housing Federation Limited are concerned, from the stage when it was halted, in view of the issuance of the Model Code of Conduct and the Government Order dated 21.03.2024. It is specifically clarified that although the Returning Officer had not issued the calendar of events insofar as the petitioner-Co- operative Societies viz., The Karnataka State Co-operative Consumers Federation, Shivamogga Davanagere and Chitradurga District Co-operative Milk Producers Union and The Karnataka State Co-operative Housing Federation Limited are concerned, nevertheless, the process of election shall commence from the stage when it was halted, only insofar as the aforesaid Co-operative societies are concerned.” The coordinate Bench disposes of the petitions with a specific direction to the said cooperative societies to continue the process of election from the stage at which it was halted. The stage would be the date i.e., 21-03-2024. The coordinate Bench also clarified that though the Returning Officer had not issued calendar of events insofar as the particular Society, nevertheless the process of election shall commence from the stage at which it was halted. This is only insofar as enumerated cooperative societies. The said order of the coordinate Bench has become final. The Government orders are interpreted by the coordinate Bench as quoted supra. In the light of the order becoming final, the issue would be its applicability to the facts obtaining in the case at hand. 15. The notification dated 29-12-2023 quoted supra is appointing the Returning Officer for verification of voters list and for publication of final voters list of eligible voters. Accordingly, the Returning Officer, so appointed, publishes the final voters list mentioned supra. Therefore, the process of election had commenced though the calendar of events was not notified as on 12-03-2024. The clarifications so issued in terms of Government order dated 13-06-2024 would become squarely applicable to the facts obtaining in the case at hand, as considered by the coordinate Bench quoted supra.
Therefore, the process of election had commenced though the calendar of events was not notified as on 12-03-2024. The clarifications so issued in terms of Government order dated 13-06-2024 would become squarely applicable to the facts obtaining in the case at hand, as considered by the coordinate Bench quoted supra. Even if the calendar of events was not notified, since final voters list had been notified, the elections will have to be continued from that stage. Therefore, no fault can be found in the action of notification of calendar of events by the Returning Officer on 20-06-2024. The elections will have to be conducted in terms of what the coordinate Bench has held. In that light, the petitions which challenge issuance of calendar of events by the Returning Officer on the strength of the Government order is rendered unsustainable, as the final voters list was published on 16-03-2024, though it is before 21-03-2024. 16. Finding no merit in the petitions, these petitions are rejected. Interim order of any kind subsisting, shall stand dissolved. The process of election shall continue strictly in consonance with the Government Orders dated 05-06-2024 and 13-06-2024, bearing in mind the observations made by the coordinate bench in W.P.No.15653 of 2024 and connected cases. Ordered accordingly. Pending applications if any, also stand disposed, as a consequence.