This High Court dismissed a writ petition challenging the declaration of election results for a cooperative society. The Court held that such disputes must be addressed via a formal election petition under the statute, not a writ. The plea of non-issue of delegation form failed as evidence was not produced.
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.
NC: 2023:KHC:29896 WP No. 1628 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.1628 OF 2021 (CS-EL/M)
BETWEEN:
KOPPA TQ - 577 126
KOPPA TALUK
CHIKKAMAGALURU DISTRICT-577126
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
(BY SRI. DEVI PRASAD SHETTY., ADVOCATE)
…PETITIONERS
AND:
NC: 2023:KHC:29896 WP No. 1628 of 2021
TTMC A BLOCK, SHANTHI NAGAR BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY
8. B S SATISH
S/O SESHA GOWDA AGE 47 YEARS R/O SIGADALU, ADADA POST KOPPA TQ - 577 126
S/O NAGAPPA GOWDA AGE 62 YEARS, R/O SIGASE R/O HIREGADDE VILLAGE AND POST KOPPA TQ, CHIKKAMANGALUR - 577 126
10. K R RAGAVENDRA
S/O RAMACHANDRA RAO AGE 45 YEARS, R/O KESAVE, KESAVE POST KOPPA TQ - 577 126 CHIKKAMANGALUR
…RESPONDENTS
(BY SRI.SIDHARTH BABURAO, AGA FOR R1, R3 & R4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. GIRISH KODGI, ADVOCATE FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DECLARATION OF RESULTS OF THE R-6 AS A DIRECTOR OF THE R-5 TAPCMS VIDE ANNX-L DTD 08.11.2020 ISSUED BY THE R-4 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioners, who are members of the 7th respondent - Primary Agriculture Credit Co-operative Society Ltd., Bikkali, are aggrieved of the elections of the 6th respondent to the 5th respondent Taluka Agricultural Produces Co-operative Marketing Society Ltd., (TAPCMS).
NC: 2023:KHC:29896 WP No. 1628 of 2021
respondents No.6. Therefore, the respondent No.6 once again filed one more writ petition in W.P.No.12001/2020 and in the said writ petition also the petitioner obtained an interim order dated 23.10.2020 that the petitioner shall be permitted to contest and vote in the elections to be held on 08.11.2020 subject to the condition that the petitioners are not otherwise disqualified to vote by other provisions contained in Section 20 of the Act. Learned counsel for the petitioners submits that even though the 6th respondent was not given the delegation form by the 7th respondent - Society, the 6th respondent furnished a copy
of the order dated 23.10.2020 passed in W.P.No.12001/2020 and on the strength of the said interim order, the 6th respondent was permitted to contest in the elections on behalf of the 7th respondent - Society. It is the contention of the petitioners that one Eshwarappa, another member of the 7th respondent - Society was given the delegation form and not the 6th respondent. It is the contention of the learned counsel for
NC: 2023:KHC:29896 WP No. 1628 of 2021
the petitioner that the 6th respondent has played fraud on the Court.
respondent submits that statement of objections have been filed at the hands of the 6th respondent and along with statement of objections, a copy of the delegation form dated 17.10.2020 at Annexure-R3 has been furnished. In that view of the matter, it is submitted that the contentions of the petitioners is wholly unfounded. Moreover, it is contended that the declaration of results of a elections cannot be questioned by filing a writ petition and it is settled possession of law that such a dispute could be raised only by filing a duly constituted election petition.
petitioners and the learned counsel for respondent No.6 and on perusing the petition papers, this Court is of the considered opinion that there is substance in the submission of the learned counsel for respondent No.6.
The basic contention of the petitioner is that no delegation form was issued to the 6th respondent and to support the
said contention attention of this court is drawn to a communication dated 01.11.2020 at Annexure-F made by the Chief Executive Officer of the 7th respondent - Society. However on going through the said communication, this Court finds that information regarding the delegation forms issued by the society is said to have been annexed along with said communication. However the said information that was supplied to the petitioner along with communication dated 01.11.2020 has not been furnished. Since the contesting respondent No.6 has furnished a copy of the delegation form at Annexure-R3, the case of the petitiones even on facts cannot be accepted. Moreover, as rightly contended by the learned counsel for the 6th respondent, the election or declaration of the results of the election cannot be challenged by filing a writ petition under Article 226 of the constitution of India. Elaborate provisions are available under the statute to raise a challenge by filing a duly constituted election petition.
NC: 2023:KHC:29896 WP No. 1628 of 2021
considered opinion that there is no merit in the writ petition. Accordingly, the writ petition stands dismissed.
Sd/JUDGE
KLY CT: JL
2 issues framed by the court
Whether a challenge to the declaration of election results for a cooperative society can be made by filing a writ petition under Article 226 of the Constitution.
Whether the petitioner proved that no delegation form was issued to the respondent candidate despite claiming fraud.
2 provisions across 2 enactments
H. K. SURESH & ORS.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE STATE CO-OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
RETURNING OFFICER
TALUKA AGRICULTURAL PRODUCES COOPERATIVE MARKETING SOCIETY LTD (TAPCMS)
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
