Dismissed

P. Hemaraju v. the State of Karnataka

Karnataka HC6 Jul 2023WP/14137/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition wherein the petitioner sought a direction not to accept the nomination of respondent No.6. The Court held that returning officers must act according to law and cannot reject nominations based solely on objections while a separate dispute regarding the nominee is pending.

What did the court decide?

Petition dismissed; direction to Returning Officer not to accept nomination papers was denied.

P. Hemaraju Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:23237 WP No. 14137 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 14137 OF 2023 (CS-EL/M)

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BETWEEN:

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P. HEMARAJU, S/O LATE. S.M. PILLANNA, AGED ABOUT 63 YEARS, RESIDING AT NO.32/1, 4TH CROSS, SUDHAMANAGAR, BENGALURU - 560 027 MEMBERSHIP NOR/4825/39.

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…PETITIONER

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(BY SRI. M.T. NANAIAH, SENIOR COUNSEL FOR; SRI. G.A. ANTHONY CRUZE, ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPREENTED BY ITS REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 052.

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THE JOINT REGISTRAR OF CO OPERATIVE SOCIETEIS, (URBAN BANK CELL), O/O. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 052.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDHA, MARGOSA ROAD, MALLESHWARAM,

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NC: 2023:KHC:23237 WP No. 14137 of 2023

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BENGALURU - 560 003.

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THE CHIEF EXECUTIVE OFFICER, SECRETARY, M/S. TEXTILE CO-OPERATIVE BANK LTD., 2ND FLOOR, DEVANGA MARKET, DEVARA DASIMAYYA ROAD, BENGALURU - 560 002.

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SRI. SOMASHEKARAIAH, CO-OPERATIVE DEVELOPMENT OFFICER, (CDO) AND RETURNING OFFICER, (U/R.14 A OF KARNATAKA CO-OPERATIVE BANK LTD., 2ND FLOOR, DEVANGA MARKET, DEVARA DASIMAYYA ROAD, BENGALURU - 560 002.

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SRI. N. BHASKAR, S/O. RANGADMAPPA.S., AGED MAJOR, RESIDING AT NO.20, 15TH CROSS, CUBBONPET, BENGALURU - 560 027 MEMBERSHIP NO.REM/2428.

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…RESPONDENTS

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(BY SMT. A.R. SHARADAMBA, AGA FOR R1 TO R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PERTAINING TO THE ELECTION RECORDS PENDING ON THE FILE OF R5 PERTAINING TO THE ELECTION TO BE HELD ON 09.07.2023 AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:23237 WP No. 14137 of 2023

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ORDER

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R.DEVDAS J., (ORAL):

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Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 3.

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Notice to the other respondents is not necessary for the following reasons:

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The petitioner who claims to be a member of respondent No.4-Textile Co-Operative Bank Ltd., is before this Court seeking a direction to respondent No.5- Returning Officer not to accept the nomination papers at the hands of respondent No.6, in the election which is to be held on 09.07.2023 for the Board of Management of respondent No.4-Bank. Apparently, respondent No.5-Returning Officer has issued an endorsement dated 02.07.2023 at Annexure-F rejecting the request made by the petitioner not to accept the nomination papers at the hands of respondent No.6.

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Sri.M.T.Nanaiah, learned Senior counsel appearing for the petitioner submits that respondent No.4-Bank had indeed raised a dispute under Section 69 of the Karnataka CoOperative Societies Act, 1959 before the Joint Registrar of Co-

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4 - NC: 2023:KHC:23237 WP No. 14137 of 2023

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Operative Societies in dispute bearing No.UBC3/DIS/1211/2019-2020 against respondent No.6 herein bringing to the notice of the Joint Registrar of Co-Operative Society the irregularities committed by respondent No.6 who was the President of the Bank. A prayer was also made in the said dispute to disqualify the respondent No.6 in terms of the provisions contained in Section 29C of the Karnataka Co-Operative Societies Act, 1959. However, the said dispute has not been decided till date.

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On hearing a learned Senior counsel and on perusal of the petition papers, this Court find that the prayer made by the petitioner to direct the Returning Officer not to accept the nomination papers at the hands of the respondent No.6 cannot be granted, since the rejection of the nomination papers can be done by the Returning Officer only in accordance with law. If respondent No.6 fulfils all the requirements of law, then it is not within the ken of the Returning Officer to reject the nomination papers merely because the petitioner has raised an objection for acceptance of the nomination papers. Even otherwise, if the petitioner is aggrieved of the non-rejection of the nomination papers of respondent No.6, the petitioner will

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5 - NC: 2023:KHC:23237 WP No. 14137 of 2023

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have to raise a dispute in the forum duly constituted for considering an election petition, after the elections are concluded.

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In that view of the matter, since this Court does not find any merit in the writ petition, proceeds to dismiss the writ

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petition.

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Sd/JUDGE

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SMC List No.: 1 Sl No.: 3 CT: AVB

P. Hemaraju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

P. Hemaraju v. the State of Karnataka

Case brief

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