Allowed

Sri M Nagaraju v. the State of Karnataka

Karnataka HC18 Jan 2021WP/927/2021

Case brief

AI extract

What is this about?

This Court allowed the writ petition by consent and set aside the Assistant Registrar's order dismissing the petitioners' interim prayer. The matter was remitted to the Assistant Registrar to reconsider the prayer on merits, uninfluenced by a related Writ Petition.

What did the court decide?

The order dated 12.01.2021 passed by the Assistant Registrar was set aside and the matter remitted to reconsider the petitioners' prayer for interim order on merits within two weeks.

Sri M Nagaraju Vs the State of Karnataka — Election Law | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.927 OF 2021 (CS-EL/M)

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BETWEEN :

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SRI. M. NAGARAJU S/O LATE MADAPPA

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AGED ABOUT 49 YEARS

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SRI. CHIKKAMARIGOWDA S/O KARIGOWDA AGED ABOUT 62 YEARS

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SRI. M. NAGARAJU S/O LATE MADAIAH AGED ABOUT 28 YEARS

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SRI. PRAKASH K S/O S. KRISHNAMURTHY AGED ABOUT 40 YEARS

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SMT. MARAMMA W/O CHIKKATHAMMAIAH AGED ABOUT 62 YEARS

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SRI. MARISIDDEGOWDA S/O BUDDEGOWDA AGED ABOUT 48 YEARS

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SRI. A. LOKESH S/O ANNAIAH

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AGED ABOUT 44 YEARS

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SRI. MARIDEVARU I.M S/O LATE MADAIAH AGED ABOUT 40 YEARS

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SMT. NANDINI B W/O CHANDRASHEKARA B AGED ABOUT 55 YEARS

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SMT. NINGAMMA W/O SIDDEGOWDA AGED ABOUT 54 YEARS

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SRI. BASAVARAJU S/O LATE KEMPAIAH AGED ABOUT 45 YEARS

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SRI. LOKESH I.K S/O KEMPEGOWDA AGED ABOUT 55 YEARS

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ALL ARE R/O IGGALURU VILLAGE VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK

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RAMANAGARA DISTRICT …PETITIONERS

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(BY SHRI. M.R. RAJAGOPAL, ADVOCATE)

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[THROUGH VIDEO CONFERENCE]

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AND :

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THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA

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BENGALURU-560 001

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DISTRICT ELECTION OFFICER DEPARTMENT OF CO-OPERATION RAMANAGARA DISTRICT RAMANAGARA

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB-DIVISION RAMANAGARA-562 159

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SRI. S. UMESH K.T AGED ABOUT 52 YEARS RETURNING OFFICER FOR THE ELECTIONS OF IGGALURU MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, IGGALURU VIRUPKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT

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IGGALURU MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED IGGALURU VILLAGE VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

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SRI. KUMARA S/O LATE ANNAIAH AGED ABOUT 40 YEARS

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SRI THIMMEGOWDA S/O LATE ACHEGOWDA AGED ABOUT 42 YEARS

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SRI. GURUSWAMY S/O BASAPPA AGED ABOUT 48 YEARS

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SRI. SIDDEGOWDA S/O LATE S. APPAJIGOWDA AGED ABOUT 45 YEARS

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SRI. SHIVAMURTHY S/O SIDDAIAH AGED ABOUT 40 YEARS

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SRI. SHIVAPRASAD S/O PUTTAPPA AGED ABOUT 50 YEARS

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SRI. MARIGOWDA S/O HOTTECHANNEGOWDA AGED ABOUT 49 YEARS

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SMT. SUNANDAMMA W/O PUTTASWAMYGOWDA AGED ABOUT 32 YEARS

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SMT. SAVIHTRAMMA W/O LATE ANNAPPA AGED ABOUT 38 YEARS

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SRI. SIDDARAJU S/O BORAIAH AGED ABOUT 65 YEARS

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SRI. SIDDARAJU S/O BOPUTTASWAMY @ KUNDAKEMPABOVI AGED ABOUT 40 YEARS

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SRI. SWAMY I.N S/O LATE NINGEGOWDA AGED ABOUT 50 YEARS R-6 TO R-17 ARE R/O IGGALURU VILLAGE VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 160 ... RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1-R4; VIDE ORDER DATED 18.01.2021 - NOTICE TO R5 DISPENSED WITH; SHRI.M.JAI PRAKASH REDDY, ADVOCATE FOR R6 TO R17)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTERIM ORDER DATED 12.01.2021 PASSED BY RESPONDENT NO.3 AS PER ANNEUXRE-K AND K1 AND ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Shri M.R.Rajagopal, learned advocate for the petitioners, Smt.Niloufer Akbar, learned AGA for the State and Shri M.Jai Prakash Reddy, learned advocate for respondents No.6 to 17.

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Elections were conducted for respondent No.5-Society on 10.01.2021. Some of the members have filed W.P.No.320/2021 praying inter alia to permit them to vote in the election without reference to Section 20 (2) (a-iv) (a-v) of the Karnataka Co-operative Societies Act, 1959. This Court by interim order dated 08.01.2021 has permitted the said petitioners to vote in the election. Election process is complete.

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Petitioners herein have challenged election results before the Assistant Registrar of Co-operative Societies

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(respondent No.3) and they have also prayed for an interim order. By order dated 12.01.2021, the Assistant Registrar of Cooperative Societies has rejected the interim prayer.

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Shri Rajagopal argued that the Assistant Registrar of Co-operative Societies has misconstrued the order passed in the W.P.No.320/2021 and refused to grant interim prayer.

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Learned AGA as also Shri Jai Prakash Reddy, fairly submitted that the matter may be remitted to the Assistant Registrar of Co-operative Societies for reconsideration of the matter. Since, order does not contain any cogent reasons, this writ petition merits consideration.

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In view of the above, the following;

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ORDER

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(i) Writ petition is allowed by consent;

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(ii) Order dated 12.01.2021 in Dispute No.SANIRA-46/DAVA/18/2020-21 passed by the Assistant Registrar of Co-operative Societies,

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Ramanagara Sub-division, Ramanagara-respondent No.3 (Annexure-K) is set-aside; and

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(iii) The matter is remitted to the Assistant Registrar of Co-operative Societies, Ramanagara Sub-division, Ramanagara (respondent No.3) with a direction to reconsider petitioners' prayer for interim order on merits, wholly uninfluenced by order in W.P.No.320/2021, within two weeks from the date of receipt of a copy of this order.

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No costs.

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Sd/JUDGE

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Sri M Nagaraju v. the State of Karnataka

Case brief

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Sri M Nagaraju v. the State of Karnataka

Case brief

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