SHANMUGAM Vs. RETURNING OFFICER, LOKKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.

JUDGEMENT

(1.) ORDER dated 01.02.2014 passed by the Principal Civil Judge & JMFC, Kollegal, in E.P. No. 1/2014 thereby restraining the Returning Officer and the District Election Officer from conducting elections to the Lokkanahalli Milk Producers Cooperative Society Limited, Lokkanahalli Village, Chamarajnagar District, is called in question in this writ petition.

(2.) THE order under challenge is styled as 'ex -parte temporary injunction granted until further orders', though petitioner who was arrayed as respondent No. 3 before the Court below had appeared and filed his objections. The Court has proceeded on the basis that the official respondents, namely, the Returning Officer and the District Election Officer had to be heard in the matter and as certain prima facie irregularities were made out by the petitioners therein - - (respondents 3 and 4 herein), an ex -parte temporary injunction needed to be granted.

(3.) IT is unnecessary to refer to these contentions as this Court is not deciding the merits of the matter. The anxiety of the petitioner that if elections are delayed, it may result in defeating the provisions contained under Section 39 -A of the Act deserves to be appreciated. The Trial Court has proceeded to grant an ex -parte order of temporary injunction without considering the various contentions raised by the present petitioner and in the absence of the official respondents, namely, the Returning Officer and the District Election Officer being represented. Therefore, in these circumstances, in my view, in order to ensure that the matter before the Trial Court is not unduly protracted, a direction needs to be issued to the Court below to take up the matter, hear and dispose of the application filed for interim order.