- (1.) LEARNED Standing Counsel Sri B. G. Sridharan accepts notice for respondent 2. Learned Additional Government Advocate accepts notice for respondent 1. Third respondent is represented by the Caveator. Sri g. Balakrishna Shastry, learned Counsel accepts notice for respondents 4 to 10. Though this matter is posted for preliminary hearing, with the consent of learned Counsels appearing for all the parties, the matter is taken up for hearing.
(2.) PETITIONERS 1 and 2 are elected as Chairman and Vice-Chainnan respectively to the second respondent APMC, Bikampady, Mangalore. The petitioners assailing the correctness of the order passed on LA. No. II, dated 20-8-2005 in Misc. Case No. 56 of 2005 by the learned Principal district Judge, Mangalore, have presented this writ petition. The first respondent issued the calendar of events dated 30-8-2005 vide annexure-C under Section 41 (2) of the Karnataka Agricultural Produce marketing (Regulation) Act, 1966 (hereinafter called 'apmc Act') read with Rule 44 of the Karnataka Agricultural Prodiice Marketing (Regulation) Rules, 1968 (hereinafter called 'rules'), convening the meeting of all the members for the purpose of election to the posts of president and Vice-President. The election was fixed at 11. 00 a. m. on 9-8-2005. On 9-8-2005, when the proceedings were commenced at 11. 00 a. m. for electing the President and Vice-President, one Sri Ramachandra (respondent 10 herein) has produced the notification dated 8-8-2005 bearing No. NE/272/mre/2005 (2) and submitted that he has been nominated as one of the Committee Member of the second respondent in place of Sri Alwin Qudrose who had been earlier nominated as per the notification dated 24-6-2005 which was gazetted on 18-7-2005, annexure-B. The first respondent upon considering the said fact, has stated that Sri Ramachandra cannot be allowed to participate in the election and he wanted to make clarification from the higher officer and thereafter, appropriate decision will be taken for conducting the election. Respondents 3 to 6, 8 and 9 respectively gave a representation vide annexure-E to the first respondent praying to postpone the election until the controversy is decided. The said request was rejected and the first respondent proceeded to hold the election. At that stage, out of 16 members, six members who had given the representation, left the meeting hall. Thereafter, there were 8 members and they have signed the register. As there was quorum, proceedings were continued and recorded that except petitioners 1 and 2, none of the members have filed nominations for the post of President and Vice-President and accordingly, petitioners 1 and 2 were declared as elected as President and Vice-President respectively without contest vide Annexure-F. Be that as it may. It is the case of the petitioners that they have taken charge vide Annexure-G.
(3.) WHEN the things stood thus, respondents 3 to 10 herein have filed an election petition under Section 41 (4) of the APMC Act read with Rule 45 of the Rules. Along with the election petition, they have filed I. A. No. II praying to stay the operation of the proceedings of the first respondent dated 9-8-2005. The Trial Court, after hearing, has granted an ex parte interim order on 16-8-2005. In pursuance of the notice, respondents therein appeared and filed their objections to I. A. No. II. The Trial court, after hearing the parties, has made the ex parte interim order dated 16-8-2005 absolute by order dated 20-8-2005 vide Annexure-H. Assailing the correctness of the said order, petitioners have preferred this writ petition.;