The High Court, in its order on July 23, has refused to permit the former directors of the Union to contest elections. However, former directors M Govindagowda, Shantamma, Rudraswamy, Holali Prakash and Malur Prakash filed their nomination to the election scheduled for July 29. Chandregowda had approached the High Court questioning their eligibility to contest the election.
Background
The State Government had given time up to December 21, 2009 to conduct election to the District Cooperative Union for the period 2009-10 to 2013-14.
Meanwhile, a few members of the Union obtained a stay from the Registrar of Cooperative Societies questioning the amendment relating to constitution of the executive committee.
Consequently, the elections were deferred and Union on December 18,2009 wrote to Joint Registrar of Cooperative Societies seeking extension of the deadline to hold elections.
However, the government refused to extend the deadline and directed to conduct the elections within the time frame, already extended. In view of absence of an elected body, the Joint Register had dissolved the executive committee under Section 28(A)(5) of Cooperative Societies’ Act 1959 and appointed an administrative officer. He has also directed to conduct the election within three months.
Scheduled for July 29
Linganna, the administrative officer assumed office on March 26 and the elections were scheduled for July 29.
When several former directors filed their nominations for the elections, Chandregowda
had moved the court objecting to their candidature.
According to Section 28(B)(2) of Cooperative Societies Act 1959, the committee members, who fail to conduct the elections within the time limit specified in Section 39(A) shall be deemed to have vacated their position as on the date of expiry of their term.
Such members are disqualified from seeking reelection for a period of five years from the date of such expiry of their term, the administrative officer had clarified while assuming office. He had also said that such members are not eligible to be elected, appointed or continue as members of any cooperative society.
Chandregowda told Deccan Herald that as the Returning Officer has accepted the nomination of former directors, it amounts to contempt of court and he would move court for appropriate relief.