Disposed

Vyavasaya Seva Sahakari Sangh Niyamita v. the State of Karnataka

Karnataka HC17 Sept 2024WP/104408/2024

Case brief

AI extract

What is this about?

Petitioners challenged their exclusion from a cooperative society union election voters list and sought to vote in the election. An interim order had allowed them to vote with ballots kept separately pending results. As the election concluded, the court directed counting of those ballots and declaration of results, disposing of the petition.

What did the court decide?

Direction to the fifth respondent to open the separate ballot boxes, count petitioners' votes and declare the results of the 27.07.2024 election.

Vyavasaya Seva Sahakari Sangh Niyamita Vs the State of… — Election Law | Karnataka HC (2024)

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NC: 2024:KHC-D:13176 WP No. 104408 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104408 OF 2024 (CS-EL/M)

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BETWEEN:

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VYAVASAYA SEVA SAHAKARI SANGH NIYAMITA, KUMTA, REP. BY ITS DIRECTOR, SHRI. MANJUNATH S/O GANESH PATAGAR, AGED 40 YEARS, DIST: UTTARA KANNADA-581 343. (SL NO. 10 MEMBERSHIP NO. 122)

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UPPINA PATTANA GRAMEENA SEVA SAHAKARI SANGH NIYAMITA KATAGAL, TALUK: KUMTA, REP. BY ITS DIRECTOR, VINAYAK MANJAPPA NAIK, AGED 35 YEARS, DIST: UTTARA KANNADA-581 343. (SL NO.12, MEMBERSHIP NO. 130)

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VYAVASAYA SEVA SAHAKARI SANGH NIYAMITA, MIRJAN, KUMTA, REP. BY ITS PRESIDENT/AUTHORISED SIGNATORY, PRASHANTH PANDU NAIK,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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AGE: 55 YEARS, TALUK: KUMTA, DIST: UTTARA KANNADA-581 343, (SL NO. 09 MEMBERSHIP NO. 105)

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…PETITIONERS

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(BY SRI. VISHWANATHA.K.BHAT., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-01.

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THE REGISTRAR OF CO-OP. SOCIETIES, STATE OF KARNATAKA,

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NC: 2024:KHC-D:13176 WP No. 104408 of 2024

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ALI ASKAR ROAD, BENGALURU-560 052.

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CO-OPERATIVE ELECTION AUTHORITY, REP. BY ITS SECRETARY, 3^RD FLOOR, T.T.M.C. “A” BLOCK, SHANTINAGAR, BENGALURU-560 027.

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DEPUTY COMMISSIONER AND ELECTION OFFICER FEDERAL CO-OPERATIVE SOCIETIES, UTTARA KANNADA, DIST: UTTARA KANNADA-581 301.

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RETURNING OFFICER, UTTARA KANNADA ZILLA SAHAKAR UNION NIYAMITA KUMTA AND ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES KUMTA, DIST: UTTARA KANNADA-581 343.

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UTTARA KANNADA ZILLA SAHAKARA UNION NIYAMITA KUMTA, REP. BY ITS CHIEF EXECUTIVE OFFICER, TALUK: KUMTA, DIST: UTTARA KANNADA-581 343.

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…RESPONDENTS

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(BY SMT.KIRTILATA.R.PATIL., HCGP FOR R1 AND R2; SRI.G.V.BHARAMAGOUDAR., ADVOCATE FOR R3 TO R5 [ABSENT]; SRI.SHIVARAJ.C.BELLAKKI., ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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NC: 2024:KHC-D:13176 WP No. 104408 of 2024

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ORAL ORDER

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Sri.Vishwanath K.Bhat., counsel for the petitioners, Smt.Kirtilata R.Patil., HCGP for respondents 1 and 2 and Sri.Rakesh M.Bilki., counsel on behalf of Sri.Shivaraj C.Bellakki., for respondent No.6 have appeared in person.

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There is no representation on behalf of respondents 3 to 5, either personally or through video conferencing.

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The captioned Writ Petition is filed seeking the following reliefs:

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a) Issue a Writ of Certiorari to quash the final ineligible voters list issued by the fourth respondent vide Annexure-B as far as the petitioners are concerned.

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b) Issue a Writ of mandamus directing the respondents to conduct the Union Election to the sixth respondent scheduled to be held on 27.07.2024 participate the election and permitting the petitioners to cast their vote in terms of Annexure-A.

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4 - NC: 2024:KHC-D:13176 WP No. 104408 of 2024

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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This Court vide order dated 25.07.2024 permitted the petitioners to cast their vote in the elections scheduled on 27.07.2024. It was also ordered that the votes so casted by the petitioners shall be kept in separate individual ballot boxes and results of the election shall be announced with the leave of this Court.

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Counsel jointly submits that the election is over and hence, a direction may be issued to the fifth respondent to open the ballot box and count the votes to declare the results of the election.

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The oral submission made by counsel for the respective parties is placed on record.

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Since the election is over and the casted votes are yet to be counted to enable the officer concerned to declare the results of the election, this Court deems it proper to direct the officer concerned to open the ballot box and count the casted

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NC: 2024:KHC-D:13176 WP No. 104408 of 2024

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votes and declare the results of the elections that were conducted on 27.07.2024.

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Accordingly, the Writ Petition is disposed of .

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Sd/(JYOTI MULIMANI) JUDGE

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TKN LIST NO.: 1 SL NO.: 46

Vyavasaya Seva Sahakari Sangh Niyamita v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vyavasaya Seva Sahakari Sangh Niyamita v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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