Disposed

Primary Co. Operative Agricultural v. the State of Karnataka

Karnataka HC21 Sept 2022WP/13677/2022

Case brief

AI extract

What is this about?

Petitioners sought writ direction to include them in the eligible voters list for Karnataka State Insurance Co-operative Society elections. Court disposed of the petition relying on a prior judgment, directed announcement of results including petitioners' votes, and reserved rights to remedy.

What did the court decide?

Announcement of election results including petitioners' votes; liberty to raise dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.

Primary Co. Operative Agricultural Vs the State of Karnataka — Election Law | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF SEPTEMBER, 2022

¶3

BEFORE

¶4

THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR

¶5

WRIT PETITION NO.13677/2022 (CS – EL/M)

¶6

BETWEEN

¶7

PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., (PCA AND RD ) BHADRAVATHI – 577 301, SHIVAMOGGA DISTRICT. REPRESENTED BY ITS SECRETARY/MANAGER.

¶8

PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., (P C A AND R D) BHADRAVATHI – 577 301, SHIVAMOGGA DISTRICT. REPRESENTED BY ITS PRESIDENT.

¶9

HARIHARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., (P C A AND R D), HARIHARA – 577 601, DAVANGERE DISTRICT. REPRESENTED BY ITS SECRETARY/MANAGER.

¶10

HARIHARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., (P C A AND R D), HARIHARA – 577 601, DAVANGERE DISTRICT. REPRESENTED BY ITS PRESIDENT.

¶11

¶12

(PETITIONER NO.1 TO 4 ARE REG. IN SOCIETIES REGISTRATION ACT 1956)

¶13

…PETITIONERS

¶14

(BY SRI.PRUTHVI WODEYAR, ADVOCATE)

¶15

AND

¶16

THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS SECRETARY.

¶17

THE REGISTRAR OF CO-OPERTIVE SOCIETIES, ALI ASKER ROAD, BENGALURU – 01.

¶18

THE KARNATAKA STATE INSURANCE CO-OPERATIVE SOCIETY LTD., C/O KARNATAKA STATE CO-OPERATIVE CHAMBERS LTD., NO.23/3, HAREKRISHNA ROAD, HIGH GROUNDS, SHIVANANDA CIRCLE, BENGALURU – 560 001. REPRESENTED BY ITS MANAGING DIRECTOR.

¶19

THE STATE OF CO-OPERTIVE ELECTION AUTHORITY, 3^RD FLOOR, SHANTI NAGAR, T.T.M.C. KHB ROAD, BENGALURU – 560 002. REPRESENTED BY ITS COMMISSIONER. (RESPONDENT NO.3 AND 4 ARE REG. IN SOCIETIES REGISTRATION ACT 1956)

¶20

…RESPONDENTS

¶21

(BY SMT.KAVITHA H.C., HCGP FOR R1, R2 AND R4; R3 IS SERVED)

¶22

¶23

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2, 3 AND 4 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R3 UPCOMING ELECTIONS TO THE BOARD OF DIRECTORS OF R3 AND ETC.,

¶24

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶25

JUDGMENT

¶26

In this petition, the petitioners have sought for

¶27

the following reliefs:

¶28

“i. Issue a writ of appropriate nature to mandamus directing the respondent Nos.2, 3 and 4 to include the names of the petitioners in the eligible voters list and permit the petitioners to vote in the elections to the respondent No.3 upcoming elections to the board of directors of 3rd respondent in the interest of justice and equity..

¶29

ii. Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued.”

¶30

¶31

Heard learned counsel for the petitioners,

¶32

learned HCGP for respondent Nos.1, 2 and 4 and perused the material on record.

¶33

On 26.08.2022, this Court passed the

¶34

following order:

¶35

“Sri. G.M. Chandrashekar, learned Additional Government Advocate accepts notice for the first and second respondents.

¶36

The petitioners have been excluded from the eligible voters list and they have filed this petition for directions to the concerned to permit them to vote in the upcoming elections and their request for interim order is also to cast votes. In support, Mr. Mohammed Tahir, the learned counsel for the petitioners, submits that the petitioners have been excluded from the eligible voters list without compliance with the provisions of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960.

¶37

¶38

In consideration of these submissions and on perusal of the records, the petitioners are permitted to cast their votes in the upcoming elections for the constitution of the Board of the fifth respondent, but subject to further orders. The results of the elections shall be announced only with the leave of this Court.

¶39

Issue emergent notice to the other respondents.”

¶40

Learned counsel for the petitioners and

¶41

learned AGA jointly submits that in the light of the judgment of this Court in the case of H.S. Raju and others Vs. State of Karnataka –

¶42

W.P.No.8502/2022 C/W W.P.No.8477/2022

¶43

dated 07.06.2022 . It is therefore submitted that even the present petition deserves to be disposed of in terms of the said petition.

¶44

A perusal of the material on record and the

¶45

aforesaid judgment of this Court in the case of H.S.

¶46

¶47

Raju’s case (supra) will indicate that after directing the respondents to announce the results, this Court has disposed of the petition reserving liberty in favour of the parties to take recourse to such remedies as available in law including the remedy under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, if they are aggrieved by the results.

¶48

In view of the aforesaid judgment of this Court in H.S. Raju’s case (supra), I am of the considered opinion that even the present petition deserves to be disposed of in terms of the said judgment.

¶49

8. In the result, I pass the following:

¶50

ORDER

¶51

(i) The petition is disposed of in terms of the order passed in H.S. Raju and others Vs. State of Karnataka – W.P.No.8502/2022 C/W W.P.No.8477/2022 dated

¶52

07.06.2022.

¶53

¶54

(ii) The concerned respondents are directed to announce the results of the aforesaid election forthwith, including the votes cast by the petitioners, if not already announced as on today, as expeditiously as possible.

¶55

(iii) Liberty is reserved in favour of the parties to take recourse to such remedies as available in law including raising a dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.

¶56

(iv) It is made clear that all rival contentions between the parties are kept open and no opinion is expressed on the same and this order is made without prejudice to the rights and contentions of all the parties.

¶57

Sd/JUDGE

¶58

Primary Co. Operative Agricultural v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Primary Co. Operative Agricultural 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Chandrashekara R a Vs the State of Karnataka

The Amanath Co-Operative Bank Ltd. Vs Mr Rafi Baigh.a M

Sri M L Yarashi Vs the Assistant Registrar

Sri C Jayaramu Vs the Mysore Acetate and Chemicals

The Commissioner Vs J Ramesh

Smt Rathnamma Vs the Registrar