Disposed

Smt Rathnamma v. the Registrar

Karnataka HC21 Sept 2022WP/14285/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the electoral list and election notification for a cooperative society. Relying on H.S. Raju, the judge directed the respondents to announce election results forthwith, including petitioner votes, and reserved liberty for remedies under Section 70(2) of the Karnataka Co-operatives Act.

What did the court decide?

Direction to announce election results forthwith including petitioner votes; liberty granted to seek remedies under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.

Smt Rathnamma Vs the Registrar — Election Law | Karnataka HC (2022)

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

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BEFORE

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

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WRIT PETITION NO.14285/2022 (CS – EL/M)

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BETWEEN

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SMT. RATHNAMMA, W/O MUNIYAPPA, AGED ABOUT 43 YEARS,

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SRI. MUNJUNATHA M, S/O MUNIKRISHNAPPA, AGED ABOUT 32 YEARS,

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SRI. MUNIKRISHNAPPA P., S/O PILLAPPA, AGED ABOUT 52 YEARS,

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SRI. SOMANNA, S/O MUNICHANNARAYAPPA, AGED ABOUT 42 YEARS,

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SRI. MUNIANJINAPPA, S/O LATE KEMPANNA, AGED ABOUT 52 YEARS,

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SRI. RAMACHANDRA, S/O LATE CHANNAPPA, AGED ABOUT 48 YEARS,

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SMT. GOPAMMA, W/O KEMPANNA, AGED ABOUT 77 YEARS,

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1. SRI. RAJANNA, S/O ANJINAPPA, AGED ABOUT 52 YEARS,

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1. SRI. KEMPANNA, S/O CHANNARAYAPPA, AGED ABOUT 62 YEARS,

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SMT. NAGAMMA, W/O VENKATESH, AGED ABOUT 39 YEARS, ALL THE PETITIONERS ARE R/AT ILATHORE VILLAGE, KUNDANA HOBLI, SADAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110. …PETITIONERS

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(BY SRI.KASHINATH J.D., ADVOCATE)

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AND

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THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU – 560 001.

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THE STATE CO-OPERATIVE ELECTION COMMISSION, CUNNINGHAM ROAD, BENGALURU – 560 001, REPRESENTED BY ITS COMMISSIONER.

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DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATIVE SOCIETIES, BEERASANDRA VILLAGE, DEVANAHALLI TALUK,

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BENGALURU RURAL DISTRICT – 562 110.

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THE RETURNING OFFICER, ILATHORE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., ILATHORE VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110.

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THE ILATHORE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., ILATHORE VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110. REPRESENTED BY ITS SECRETARY/ CHIEF EXECUTIVE.

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(REGISTRAR CO-OPERATIVE SOCIETY ACT)

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…RESPONDENTS (BY SMT.KAVITHA H.C., HCGP FOR R1, R3 AND R4; SRI.T.L.KIRAN KUMAR, HCGP FOR R2; R5 IS SERVED)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELECTORAL LIST PUBLISHED ON 04.07.2022 IN RESPECT OF R5 SOCIETY PUBLISHED BY R3 AS PER ANNEXURE-A AND ALSO QUASH THE CONSEQUENTIAL ELECTION NOTIFICATION DATED 06.07.2022 ISSUED BY R4 A PER ANNEXURE-B AS ILLEGAL AND ETC.,

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

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ORDER

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In this petition, the petitioners have sought for

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the following reliefs:

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“i. Call for the records pertains to Annexure-A & B from the office of respondent No.3 in respect of election to respondent No.5 Society.

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ii. Issue writ in the nature of certiorari to quash the electoral list published on 04.07.2022 in respect of respondent No.5 society published by respondent No.3 as per Annexure-A and also quash the consequential election notification dated:06.07.2022 issued by respondent No.4 as per Annexure-B as illegal.

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iii. Consequently, issue necessary direction to respondent No.3 to conduct election to respondent No.5 society by including the names of the petitioners in the electoral rolls or publish electoral list in accordance with rule 13-D of Karnataka Co-Operative Societies Rules 1960 to meet the interest of justice.

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iv. Pass appropriate order deems fit to the facts and circumstances of the case and to meet the interest of justice."

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Heard learned counsel for the petitioners,

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learned HCGP for respondent Nos.1, 3 and 4, learned

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counsel for respondent No.2 and perused the material on record.

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3. On 19.07.2022, this Court passed the

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following order:

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“Sri J.D.Kashinath, the learned counsel for the petitioners and Smt. H.C.Kavitha, learned Government Pleader who accepts notice for the first, third and fourth respondents, are heard on the grant of ad-interim order.

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The petitioners have been excluded from the Eligible Voters List published on 04.07.2022 and the Calendar of Events for elections is published on 06.07.2022.

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The learned counsel for the petitioners submits that the Eligible Voters List is published without due compliance with the provisions of Rule 13-D of the Karnataka Co-Operative Societies Rules, 1960. The petitioners' request for interim prayer in the alternative to stay the elections, is to permit them to cast their votes in the elections scheduled on 30.07.2022.

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Prima facie, the petitioners must be permitted to cast their votes in the elections scheduled to be held on 30.07.2022 lest their voting rights be denied if the Eligible Voters List is published contrary to the Rules. The petitioners shall cast their votes subject to

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further orders of this Court. However, their votes must be balloted and tabulated separately.

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Issue Emergent Notice to the private respondents.”

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Learned counsel for the petitioners, learned

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counsel for respondent No.2 and 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 – W.P.No.8502/2022 C/W W.P.No.8477/2022 dated 07.06.2022 . It is

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

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A perusal of the material on record and the aforesaid judgment of this Court in the case of H.S. 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

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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.

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In view of the aforesaid judgment of this

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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.

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In the result, I pass the following:

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ORDER

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(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 07.06.2022.

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(ii) The concerned respondents are directed to announce the results of the aforesaid election forthwith, including the votes cast by the

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petitioners, if not already announced as on today, as expeditiously as possible.

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(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.

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(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.

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Sd/JUDGE

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Smt Rathnamma v. the Registrar

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Smt Rathnamma v. the Registrar

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