This petition challenged the election notification for a Taluk Agricultural Produce Co-operative Society. The Court dismissed the petition as infructuous because the scheduled election had already been held and concluded before the hearing.
None granted; petition dismissed as infructuous.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 2503 OF 2023 (CS-RES)
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
CO-OPERATIVE SOCIETY LTD., CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522.
S/O KARIYANNA, AGED ABOUT 50 YEARS, DODDULARTHY PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522.
CO-OPERATIVE SOCIETY LTD., CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522.
S/O PALLAIAH, AGED ABOUT 44 YEARS, PARASHURAMPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522.
…PETITIONERS
(BY SRI. SIDDAPPA B.M., ADVOCATE)
AND:
CHALLAKERE TALUK,
CHITRADURGA DISTRICT - 577 522, REPRESENTED BY ITS SECRETARY, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.
…RESPONDENTS
(BY SRI. SIDDHARTH BABURAO, AGA FOR R1, R4 AND R5; SRI. MOHAMMAD TAHIR A., ADVOCATE FOR C/R3; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELECTION NOTIFICATION ISSUED BY THE R-4 DATED 22/01/2023 PRODUCED AS ANNEXURE-G TO THE WRIT PETITION AND ETC.,
NC: 2023:KHC:38404 WP No. 2503 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for the petitioner.
following prayer as well as interim payer:
" PRAYER
a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ quashing the election notification issued by the respondent No.4 dated 22.01.2023 produced as Annexure-G to the writ petition.
b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity.
INTERIM PRAYER
Therefore, it is respectfully prayed that this Hon'ble Court may kindly be pleased to grant an interim order of stay, staying holding of meeting of Board of Directors of respondent No.3 on 30.01.2023 by the respondent No.4 to elect the President and Vice President to the respondent No.3 as per
Annexure-G to the writ petition, and all further proceedings in pursuant thereof pending disposal of the top noted writ petition in the interest of justice and equity."
well as learned counsel for the Caveator / respondent No.3 submits that the interim relief has been sought to stay the meeting which was held on 30.01.2023 in which the Board of Directors of respondent No.3 has been elected. Further, it is submitted that the said meeting has been held and the election as scheduled has taken place. Hence, the interim relief has been rendered infructuous.
petition, the petitioners have sought for quashing of the election notification dated 22.01.2023, whereunder, the elections were scheduled to be held on 30.01.2023. It is submitted that the elections have been held as scheduled and hence, the present writ petition has been rendered infructuous.
NC: 2023:KHC:38404 WP No. 2503 of 2023
petition is dismissed as having been rendered infructuous.
Sd/JUDGE
MCR
1 issue framed by the court
Whether the writ petition seeking quashing of the election notification is maintainable after the elections were held and concluded.
ANNAPPASWAMY
THE STATE CO-OPERATIVE ELECTION AUTHORITY
CHALALKERE TALUK AGRICULTURAL PRODUCE AND SALES CO-OPERATIVE SOCIETY LIMITED
THE RETURNING OFFICER, CHALLAKERE TALUK AGRICULTURAL PRODUCE AND SALED AND TAHSILDAR
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
