A challenge concerning cooperative society elections was disposed of in terms of a coordinate Bench decision governing similarly situated litigants. The court held that unsuccessful election contestants had no litigable right to impleadment and that their application was liable to rejection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.1762 OF 2020 (CS-EL/M)
BETWEEN:
W/O NARAYAN SHETTY AGED ABOUT 78 YEARS IJINU HOUSE MUDUKONAJE VILLAGE, PADUKONAJE POST, MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1085
2
PALDAGURI HOUSE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO:878
3
PADUKONAJE POST AND VILLAGE MANGALORE TALUK D K DIST - 574227
4
MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1007
5
JOOGULLABETTU MANE PADUKONAJE POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1102
6
7
8
9
10
11
12
13
KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1648
14
NARAYANA MESTHRI COMPOUND KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1693
15
S/O SESU SHETTY AGED ABOUT 62 YEARS DIDDU MANE SHIRTHADI POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO:1756
16
17
MEMBERSHIP NO. 1911
18
MEMBERSHIP NO. 2005
19
20
MEMBERSHIP NO. 2192.
S/O SUNDARA POOJARY, AGECD 45 YEARS MEMBERSHIP NO. 2228.
S/O CHANDRAKANTHA SHETTY, AGED 42 YEARS, MEMBERSHIP NO. 22580.
21
MEMBERSHIP NO. 2295.
22
MEMBERSHIP NO. 2428.
23
MEMBERSHIP NO. 2571
24
MEMBERSHIP NO.2657
25
MEMBERSHIP NO.2880.
26
DARKAS HOUSE MAROOR POST AND VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO.1115
27
28
MEMBERSHIP NO.1432
29
MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO.1633
30
MEMBERSHIP NO.1714
31
32
33
W/O SANJEEVA POOJARY AGED ABOUT 58 YEARS LAGUDDE MANE – MOODUKONAJE PADUKONAJE POST MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO.2002
34
BANGLLO MANE – MOODUKONAJE PADUKONAJE POST MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO.2143
35
MEMBERSHIP NO.2311
36
37
W/O SHRIDHARA POOJARY AGED 55 YEARS KETHRODI HOSAMANE MOODUKONAJE PADUKONAJE POST MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO.2670
38
39
BANASHREE KAJE MANE, SHIRTHADY VILLAGE & POST MEMBERSHIP NO. 2009
40
41
MEMBERSHIP NO. 2102
42
D/O MONAPPA POOJARY AGED ABOUT 35 YEARS GUNDABDU MANE, SHIRTHADY VILLAGE & POST MEMBERSHIP NO. 2360
43
MEMBERSHIP NO. 2375
44
45
MEMBERSHIP NO. 2868
46
47
S/O MAILA AGED ABOUT 40 YEARS DADDALPALKE MANE, SHIRTHADY VILLAGE & POST MEMBERSHIP NO. 3659
48
49
MAHAVEERA NILAYA, PADUKONAJE POST & VILLAGE MEMBERSHIP NO. 1193
50
S/O THIMMAPPAYYA AGED ABOUT 52 YEARS PADAVU HOUSE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NUMBER : 1556
51
GOOVUGUDDE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBEERSHIP NUMBER : 1748 429. SRI. FLORIN D’SOUZA D/O FRANCIES D’SOUZA AGED ABOUT 45 YEARS GANTALKATTE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1750 430. SMT. LEENA S W/O A F PINTO AGED ABOUT 60 YEARS GANTALKATTE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1770 431. SRI KITTI HARIJANA S/O PISIRA HARIJANA AGED ABOUT 56 YEARS NIRALLIKE MANE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1791 432. SRI SUSHANTH S/O GANGADHAR POOJARY AGED ABOUT 45 YEARS SUNITHA COMPOUND MAROORU POST & VILLAGE MANGALORE MEMBER NO: 1794 433. SMT. YASHODA W/O DOOMAYYA POOJARYA AGED ABOUT 49 YEARS DARKASU HOUSE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1928 434. SRI ANIL PERERA S/O JOHN PERERA AGED ABOUT 40 YEARS BAILLU HOUSE – KERINJE VILLAGE KALLABETTU POST MAGALORE TALUK MEMBERSHIP NO: 1966 435. SRI APPOLIN PINTO S/O FEDRIK PINTO AGED ABOUT 60 YEARS NEAR PANYATH OFFICE
52
SHRTHADI POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 1992
53
KALLABETTU POST MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 2684
54
MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 3183
55
W/O BABU AGED ABOUT 68 YEARS BANGALAPADVU HOUSE KALLABETTU POST & VILLAGE MANGALORE TALUK D K DIST - 574227 MEMBERSHIP NO: 3289
ALL THE ABOVE PETITIONERS ARE RESIDENTS OF MANGALORE TALUK D K DISTRICT - 574227 AND MEMBERSOF KALLABETTU CO OPERATIVE SOCIETY LTD, KALLABETTU, MANGALORE TLAUK - 574227. …PETITIONERS (BY MS. MAMATHA, ADVOCATE FOR MR. RAKSHITH KUMAR, ADVOCATE)
56
AND:
1 . STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560001 REP BY ITS PRINCIPAL SECRETARY.
2 . THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR, T.T.M.C., A BLOCK, SHANTHI NAGAR, BANGALORE - 560027 REP BY ITS SECRETARY.
3 . DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALORE - 575001.
4 . RETURNING OFFICER APPOINTED FOR KALLABETTU CO-OPERATIVE SOCIETY LTD KALLABETTU, MANGALORE TALUK D K DISTRICT - 574227.
5 . KALLABETTU SERVICE CO-OPERATIVE SOCIETY LTD, KALLABETTU VILLAGE, MANGALORE TALUK, D K DISTRICT - 574227
…RESPONDENTS
(BY MR. G.BALAKRISHANA SHASTRY FOR C/R-5; MR. M.VINOD KUMAR, AGA FOR R1, R3 & R4; MR. T.L.KIRNA KUMAR, ADVOATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) OF KARNATAKA COOPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRUS THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243Z0 OF THE CONSTITUTION OF INDIA; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
57
ORDER
The application for impleadment is liable to be rejected
since the applicants having contested in the election has lost it and therefore, they have no litigable right to gain entry to the fray of this writ petition in view of the decision of Apex Court in JYOTHI BASU vs DEBI GHOSAL, AIR 1982 SC 983 .
This matter is disposed off in terms of decision in W.P.No.48973/2019 between Sri.Venkategowda Vs. The State of Karnataka disposed off by a Co-ordinate Bench of this Court on 04.08.2021; the Division Bench decision of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that like cases should be treated alike and if relief is granted to a litigant, similar relief cannot be denied to the similarly circumstanced litigants.
58
In view of the above, this writ petition is disposed off in
terms of the order dated 04.08.2021.
Sd/JUDGE
DS
2 issues framed by the court
Could unsuccessful election contestants claim a litigable right to impleadment in the writ petition?
Should the petition be disposed of in the same terms as the coordinate Bench decision concerning similarly situated litigants?
Colour shows how this judgement treated each authority
JYOTHI BASU vs DEBI GHOSALRelied on¶520
JYOTHI BASU vs DEBI GHOSAL, AIR 1982 SC 983 · Who else cites this
Sri.Venkategowda Vs. The State of KarnatakaFollowed¶521
W.P.No.48973/2019
A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARYRelied on¶521
W.A.Nos.932-933/1974
SEETHARAMA SHETTY
STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER
RETURNING OFFICER APPOINTED FOR KALLABETTU CO-OPERATIVE SOCIETY LTD
KALLABETTU SERVICE CO-OPERATIVE SOCIETY LTD
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
