Sri H.D. Revanna S/O H.D. Deve Gowda Milk Producers Co-operative Society Ltd. and ors. Vs. the State of Karnataka by Its Secretary to Government Department of Co-operation and ors. - Court Judgment |
| Election |
| Karnataka High Court |
| May-07-2009 |
| Writ Appeal Nos. 795-799 of 2009 |
| N. Kumar and ;K.N. Keshavanarayana, JJ. |
| Sri H.D. Revanna S/O H.D. Deve Gowda Milk Producers Co-operative Society Ltd. and ors. |
| The State of Karnataka by Its Secretary to Government Department of Co-operation and ors. |
| Ramadas, Sr. Adv. for ;S. Srinivasa Murthy, Adv. |
| Ashok Haranahalli, Additional Adv. General and ;H.M. Manjunath, AGA for R1 to R4 |
- code of civil procedure, 1908. section 100:[v. jagannathan, j] remand of case by second appellate court held, directions given by second appellate court cannot be ignored by lower appellate court on the grounds that said directions are without jurisdiction or nullity and non-est in eyes of law. -- section 100: second appeal concurrent findings of fact held, it is not liable to be interfered with even if first appellate court commits an error in recording a finding of fact. -- order 41, rule 23a & section 105(2): appealable order - decree passed by lower appellate court was reversed in appeal and further directions were given to dispose of matter in light of observations made in the order of remand held, appeal can be said to have been disposed of otherwise than on a preliminary point. provisions of rule 23a of order 41 is applicable. order passed pursuant to rule 23a becomes an appealable order. no appeal against remand order having been preferred, party aggrieved is precluded from disputing correctness in view of section 105(2). .....mere issue of calendar of events for the lok sabha elections cannot be a ground to postpone the elections to the co-operative societies which was in fact much earlier to the calendar of events of lok sabha however, the learned single judge has up held the notification issued by the state government postponing the elections.3. as there was no interim order granted by this court, the said order postponing the elections is in full force and no elections are conducted till today. however, the lok sabha elections are over in so far as the state is concerned and the code of conduct expires on 16th may, 2009. therefore, as held by the learned single judge, the election process can proceed if the code of conduct ceases to be operative.4. the learned senior counsel sri. ramdas, pointed out that at paragraph 54, page 55 of the impugned order, the learned single judge has directed the state government to issue notification publishing the date on and after which the notification dated 04,03.2009 ceases to operate with a hope that state government will publish the notification of this nature at least two weeks before, so that the aspirants will be knowing as to when they can pursue their.....
1. The appellants have challenged in this appeal the order passed by the learned Single Judge on 18th March 2009 up holding the notification issued by the State Government postponing the elections to the Co-operative Societies and also against the directions issued in this regard by the learned Single Judge,
2. The main grievance of the appellants was that mere issue of calendar of events for the Lok Sabha Elections cannot be a ground to postpone the elections to the Co-operative Societies which was in fact much earlier to the calendar of events of Lok Sabha However, the learned Single Judge has up held the notification issued by the State Government postponing the elections.
3. As there was no interim order granted by this Court, the said order postponing the elections is in full force and no elections are conducted till today. However, the Lok Sabha Elections are over in so far as the State is concerned and the code of conduct expires on 16th May, 2009. Therefore, as held by the learned Single Judge, the election process can proceed if the code of conduct ceases to be operative.
4. The learned Senior Counsel Sri. Ramdas, pointed out that at paragraph 54, page 55 of the impugned order, the learned Single Judge has directed the State Government to issue notification publishing the date on and after which the notification dated 04,03.2009 ceases to operate with a hope that State Government will publish the notification of this nature at least two weeks before, so that the aspirants will be knowing as to when they can pursue their aspirations.
5. Once the code of conduct ceases to be operative, as directed in the impugned order, the election process should continue from the stage at which it was stopped. Therefore, the Government can proceed to hold elections without any notification being issued as directed by the learned Single Judge, That would meets the ends of justice. All other contentions urged in the writ petition are left open to be agitated and considered at the appropriate stage and in appropriate proceedings. Accordingly appeal is disposed of.
Applications are ordered to be filed.