Disposed

Sri Siddaraju G S v. the State of Karanataka

Karnataka HC24 Aug 2023WP/18789/2023

Case brief

AI extract

What is this about?

This writ petition challenged the exclusion of petitioners from a cooperative society election based on a list not satisfying legal requirements. The High Court directed the Returning Officer to accept nomination papers and allow voting by law, not by the society's internal list.

What did the court decide?

Directed the Returning Officer to accept petitioners' nomination papers and permit them to cast votes, considering only legal qualifications rather than the society's list.

Sri Siddaraju G S Vs the State of Karanataka — Election Law | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:30252 WP No. 18789 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 24^TH DAY OF AUGUST, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 18789 OF 2023 (CS-EL/M)

¶6

BETWEEN:

¶7

SRI. SIDDARAJU G.S., S/O SRI. SHIVAGEGOWDA, AGED ABOUT 55 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶8

SRI. RAMEGOWDA,

¶9

S/O SRI. BUDDESHIVAGEGOWDA, AGED ABOUT 57 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶10

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

¶11

SRI. G.V. VENKATESH, S/O SRI. VENKATAPPAHULLALLI, AGED ABOUT 58 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶12

SRI. G.S. SIDDARAJU, S/O SRI. SIDDEGOWDA, AGED ABOUT 57 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶13

2 - NC: 2023:KHC:30252 WP No. 18789 of 2023

¶14

SRI. C. NAGARAJU, S/O SRI. CHANNAIAH, AGED ABOUT 49 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶15

SRI. PUTTEGOWDA, S/O. SRI. KENCHEGOWDA, AGED ABOUT 56 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶16

SRI G.B. PRAKASH, S/O SRI. BOREGOWDA, AGED ABOUT 39 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶17

SRI. G.S. KUMARA, S/O SRI. BUDDESHIVAGEGOWDA, AGED ABOUT 50 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶18

SRI. JAYARAMU, S/O SRI. CHANNAIAH, AGED ABOUT 51 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶19

3 - NC: 2023:KHC:30252 WP No. 18789 of 2023

¶20

SRI. J.C. SHIVARAMU, S/O SRI. CHIKKAHYDEGOWDA, AGED ABOUT 53 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT

¶21

SRI. VISHNU, S/O SRI. C. NAGARAJU, AGED ABOUT 39 YEARS, R/AT GOPALAPURA VILLAGE, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶22

…PETITIONERS

¶23

(BY SRI. B. RAVINDRA PRASAD, ADVOCATE)

¶24

AND:

¶25

THE STATE OF KARANATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASASOUDHA, BANGALORE - 560 001.

¶26

THE CO-OPERATIVE ELECTION COMMISSIONER, 3^RD FLOOR, SHANTHINAGAR TTMC, "A" BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027.

¶27

THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETY, BEHIND SIDDARTHA THEATER, R.P. ROAD, MANDYA - 571 401.

¶28

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,

¶29

4 - NC: 2023:KHC:30252 WP No. 18789 of 2023

¶30

MANDYA DIVISION, MANDYA,

¶31

MANDYA DISTRICT - 571 434.

¶32

THE RETURNING OFFICER, GOPALAPURA, MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 812.

¶33

THE GOPALAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GOPALAPURA VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 812. REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1950)

¶34

…RESPONDENTS

¶35

(BY SRI. SIDHARTH BABURAO, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2)

¶36

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 3RD TO 6TH RESPONDENT TO ACCEPT THE NOMINATION OF THE PETITIONERS AND CONSEQUENTLY ALLOW THE PETITIONERS TO CONTEST IN THE ELECTION OF THE 6TH RESPONDENT SO FAR CONCERN TO THE PETITIONERS AND ETC.,

¶37

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

¶38

5 - NC: 2023:KHC:30252 WP No. 18789 of 2023

¶39

ORDER

¶40

R.DEVDAS J., (ORAL):

¶41

Learned Additional Government Advocate is directed

¶42

to take notice for respondent Nos.1 and 3 to 5.

¶43

Sri.T.L.Kiran Kumar, learned counsel is directed to

¶44

take notice for respondent No.2.

¶45

Notice to respondent No.6 is not necessary for the following reason.

¶46

Learned counsel for the petitioners submits that under similar circumstances in W.P.No.18485/2023 this Court recorded the submissions of the learned counsel appearing for the State Co-operative Election Authority that the returning officer shall scrutinize the nomination papers only in accordance with law and he shall not go by the list of persons issued by the Chief Executive Officer of the society who are said to have supplied milk to the society. Only on the ground that the petitioners names are not found in the said list, the petitioners cannot be kept

¶47

¶48

NC: 2023:KHC:30252 WP No. 18789 of 2023

¶49

out of the election process. Learned counsel prays for similar orders.

¶50

Having regard to the orders passed by the Coordinate Bench of this Court in the case of H.S.Raju and others /vs./State of Karnataka and others in W.P.No.8502/2022 dated 07.06.2022, wherein it was held that disqualifying a member of the society without issuing individual notices and hearing them before disqualifying them would be against the principles of natural justice. It was held that unless individual notices are issued to the members calling upon them to show cause as to why they should not be disqualified from the process of election and thereafter, orders are passed disqualifying such persons, by issuance of a blanket notification such members cannot be disqualified. Therefore, for the same reasons, this Court having found that the petitioners in W.P.No.18485/2023 cannot be kept out of the election process, had passed the orders directing the returning officer therein to accept the nomination papers and scrutinize the same only in

¶51

¶52

NC: 2023:KHC:30252 WP No. 18789 of 2023

¶53

accordance with law and not go by the list furnished by the Chief Executive Officer/Secretary of the Society, the petitioners are entitled for similar benefit.

¶54

Consequently, the writ petition stands disposed

¶55

of while directing respondent No.5-Returning Officer to consider the nomination papers that could be found by the petitioners only in accordance with law and not to go by the list furnished by the Chief Executive Officer/Secretary of the Society and also permit the petitioners to cast their votes.

¶56

Ordered accordingly.

¶57

Sd/JUDGE

¶58

rv CT:SNN

Sri Siddaraju G S v. the State of Karanataka

Case brief

What is this about?

What did the court decide?

Sri Siddaraju G S v. the State of Karanataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. M M Jayaramu Vs State of Karnataka

Sri S Mahadevappa Vs the State of Karnataka

Sri. Muthige Rajegowda Vs the Union of India

Mysuru City Power Loom Owners Vs State of Karnataka

Veeradomanahalli Primary Agricultural Vs State of Karnataka

Nagamahadevu Vs the Assistant Registrar