Disposed

Shivakumar T. R. v. the State of Karnataka

Karnataka HC1 Apr 2016WP/15759/2016

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, petitioners office bearers of a cooperative union approached the court for relief after their term expired due to election delays. The court directed that they continue in office till elections are held and declared no disqualification applies.

What did the court decide?

Petitioners allowed to continue in office until elections are conducted and no ineligibility attached for failure to hold elections.

Shivakumar T. R. Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST DAY OF APRIL, 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION Nos.15759-15775 OF 2016 (CS-EL/M)

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BETWEEN:

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Shivakumar T.R., Son of Rudrappa T.V., Aged about 52 years,

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Somashekar S.T., Son of Thimmegowda, Aged about 58 years,

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Hanumanthaiah .D, Son of Doddaiah C.K., Aged about 59 years,

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Chandrappa N., Son of Narasaiah, Aged about 64 years,

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Manjunath J., Son of Late Jayaramappa, Aged about 34 years,

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Padmanabha M.N., Son of Narasimhalu,

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Aged about 50 years,

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Smt. Fathima Laurence, Wife of Laourence I.P., Aged about 62 years,

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Vijayakumar K., Son of Kempaiah S., Aged about 52 years,

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Ramesh P.S., Son of Late Puttashankarappa, Aged about 50 years,

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Dr. Anil Kumar, Son of H.K.Kumaraswamy, Aged about 58 years,

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Ashwathaiah, Son of Narayanappa, Aged about 65 years,

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Premkumar T.L., Son of Lakshmanappa T.V., Aged about 51 years,

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Nagendra M.S., Son of Subramani A.M., Aged about 55 years,

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Vishwanath K., Son of Krishnareddy, Aged about 51 years,

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Thimmarayagowda A.,

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Son of Akkanappa, Aged about 45 years,

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1. Prabhakar H.R., Son of Ramachandrappa, Aged about 44 years,

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Krishnamurthy K., Son of Kempagolaiah, Aged about 46 years, 1^st petitioner is the President and Petitioners 2 to 17 are the Directors, The Bangalore City District Co-operative Union Limited, Having its registered office at No.1/3, ‘Sahakara Bhavana’, 3^rd Main Road, Chamarajpet, Bengaluru 560 018.

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…PETITIONERS

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(By Shri G. Chandrashekharaiah, Advocate)

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AND:

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The State of Karnataka, Represented by its Principal Secretary to Government, Department of Co-operation, Government of Karnataka, 6^th Floor, M.S.Building, Dr. B.R.Ambedkar Veedhi, Bengaluru 560 001.

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The Secretary, The Co-operative Election Authority, 3^rd Floor, Shantinagar TTMC ‘A’ Block, K.H.Road, Shantinagar, Bengaluru 560 027. 3. The Registrar of Co-operative Societies In Karnataka, No.1, Ali Asker Road, Bengaluru 560 052. 4. The Joint Registrar of Co-operative Societies, Bengaluru Region, Pampamahakavi Road, Chamarajapet, Bengaluru 560 018.

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The Deputy Registrar of Co-operative Societies, South Zone, Bengaluru Urban District, Pampamahakavi Road, Chamarajpet, Bengaluru 560 018.

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The Bangalore City District Co-operative Union Limited, Having its registered office at No.1/3, ‘Sahakara Bhavana’, 3^rd Main Road, Chamarajapet, Bengaluru 560 018, Represented by its Chief Executive Officer.

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The Deputy Commissioner, Bengaluru Urban District and District Returning Officer for

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Co-operative Societies, Bengaluru Urban District, ‘Kandaya Bhavana’, K.G.Road, Bengaluru 560 009. …RESPONDENTS

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(By Smt. Pramodhini Kishan, Government Pleader for Respondents 1 to 5 & 7, Notice is dispensed with in respect of Respondent No.6)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to direct R-1 to 5 and 7 to hold election to the board of R-6 union before 6.4.2016 or if that is not possible, alternatively direct R-1 to 5 and 7 to continue the petitioners as members of the board of R6 union till the next election to its board is held and further not to attach any ineligibility or disqualification to the petitioners to contest the ensuing election to the board of R6 union.

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These Writ Petitions coming on for Preliminary Hearing, this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioner. The learned

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Government Pleader is directed to take notice for Respondents

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1, 2, 3, 4, 5 and 7. Notice to Respondent No.6 is dispensed with.

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It is the case of the petitioners that they are the office bearers and the Managing Committee of the sixth respondent – Society and they were elected for a term of five years, which expires on 6.4.2016.

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It is stated that the Election Authority, namely the second respondent, was required to conduct elections much before the expiry of the term. It is the case of the petitioners that they have taken all necessary steps to facilitate the election. However, since the Election Authority has opined that since the petitioner is a federal Society, it would not be possible to conduct elections in the near future, on account of want of man power and logistics. Therefore, the Election Authority has opined that elections could be conducted only in the month of July 2016.

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Therefore, since the elections are not being conducted

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for no fault of the petitioners, even if their term expires on 6.4.2016, they shall continue in office till such time the

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elections are conducted. The petitions are disposed of accordingly.

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It is made clear that no ineligibility shall be attached to

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the petitioners on account of the elections not having been conducted in time.

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Sd/JUDGE

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Shivakumar T. R. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivakumar T. R. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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