Partly allowed

Sri.C . Venkatesh v. the State of Karnataka

Karnataka HC5 Feb 2024WP/1420/2024

Case brief

AI extract

What is this about?

This High Court allowed-in-part a writ petition filed by 18 petitioners to quash a list of ineligible voters. The Court directed the Returning Officer to announce election results by counting petitioners' votes while keeping eligibility disputes open for adjudication under the Karnataka Co-operative Societies Act.

What did the court decide?

Writ petition allowed-in-part; Returning Officer directed to announce election results by counting petitioners' votes; eligibility disputes to be adjudicated later under Section 70(2)(c).

Sri.C . Venkatesh Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

¶7

WRIT PETITION NO. 1420 OF 2024 (CS-EL/M)

¶8

BETWEEN:

¶9

SRI.C . VENKATESH, S/O CHOWDAPPA, AGED ABOUT 42 YEARS,

¶10

SRI. MUNIVENKATAPPA S/O VENKATARAYAPPA AGED ABOUT 57 YEARS,

¶11

SMT NAGAMANI S/O M. NARAYANASWAMY AGED ABOUT 52 YEARS,

¶12

SRI. CHOWDAREDDY. V S/O VENKATASHAMI AGED ABOUT 49 YEARS,

¶13

Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

¶14

SRI V. MANJUNATHAREDDY S/O G.M VENKATAREDDY AGED ABOUT 49 YEARS,

¶15

SMT. R. NAVITA W/O SRINIVASAREDDY AGED ABOUT 39 YEARS,

¶16

SMT. PUSHPA W/O ANJAPPA AGED ABOUT 39 YEARS,

¶17

SMT. AMARAVATHAMMA W/O RAJAMMA AGED ABOUT 43 YEARS,

¶18

¶19

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶20

SRI. NARASIMHAMURTHY. M S/O MUNIVENKATAPPA AGED ABOUT 34 YEARS,

¶21

SMT. SAKAMMA W/O ANJAPPA AGED ABOUT 62 YEARS,

¶22

SRI. M. SRINIVASA S/O MULABAGALAPPA AGED ABOUT 49 YEARS,

¶23

SMT. CHINNAMMA W/O NARAYANASWAMY AGED ABOUT 49 YEARS,

¶24

SMT. NIRMALA. V W/O NAGESHA AGED ABOUT 38 YEARS,

¶25

SMT. SARASWATHAMMA W/O NARASIMHAPPA AGED ABOUT 54 YEARS,

¶26

SMT. MEENAKSHAMMA W/O KRISHNAPPA AGED ABOUT 49 YEARS,

¶27

SRI NARAYANASWAMY V S/O VENKATASWAMY AGED ABOUT 54 YEARS,

¶28

SRI. N. GOVINDAREDDY S/O NARAYANAPPA AGED ABOUT 60 YEARS,

¶29

SRI. ANJAPPA S/O LAKSHMANNA AGED ABOUT 46 YEARS,

¶30

3 - NC: 2024:KHC:5000 WP No. 1420 of 2024

¶31

BHAGYAMMA W/O NARAYANASWAMY AGED ABOUT 54 YEARS,

¶32

PETITIONERS NO.1 TO 18 ALL ARE R/AT ALAVATTA VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT-563135

¶33

…PETITIONERS

¶34

(BY SRI RAGHAVENDRA M, ADV. FOR SRI KALYAN R, ADVOCATE)

¶35

AND:

¶36

THE STATE OF KARNATAKA, DEPARATMENT OF CO-OPERATIVE SOCIETY, VIKASASOUDHA, BANGALORE-01, REF BY SECRETARY.

¶37

ALAVATTA MILK PRODUCERS CO-OPERATIVE SOCIETY, ALAVATTA VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK-563135, REP. BY PRESIDENT.

¶38

THE RETURNING OFFICER AND CO-OPERATIVE DEVELOPMENT OFFICER, SRINIVASAPURA TALUK, KOLAR TALUK-563101.

¶39

THE COMMISSIONER CO -OPERATIVE ELECTION AUTHORITIES HAVING OFFICE AT 3^RD FLOOR, SHANTHI NAGAR, TTMC, A BLOCK KENGAL HANUMANTHAIAH ROAD, BENGALURU - 560027.

¶40

(AMENDMENT CARRIED OUT AS PER ORDER DT:16.01.2024)

¶41

…RESPONDENTS

¶42

(BY SRI SIDHARTH BABU RAO, AGA FOR R1 AND R3, SRI T.L KIRAN KUMAR, ADVOCATE FOR R4, SMT. SARASWATHI M, ADVOCATE FOR R2)

¶43

¶44

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶45

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION INDIA PRAYING TO QUASH TO THE IMPUGNED LIST OF INELIGIBLE VOTERS LIST PUBLISHED BY THE R2 DTD NIL AS PER ANNEXURE-E TO THE WRIT PETITION.

¶46

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING:

¶47

ORDER

¶48

Heard the learned counsel appearing for the

¶49

petitioners and the learned counsel appearing for the respondent/State as well as the respondent/Society.

¶50

This writ petition is essentially filed seeking a writ of certiorari to quash the impugned list of ineligible voters list published by the respondent-Society dated nil as per Annexure-E

¶51

This Court by way of interim order permitted the petitioners No.1 to 4, 8, 10, 12, 14 to 16 and 18 to file nomination papers to contest in the said election.

¶52

However, the result of the election was withheld.

¶53

The learned counsel for the petitioners would

¶54

contend that the mandatory requirements of Rule 13-D(2-

¶55

¶56

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶57

A) of the Karnataka Co-operative Societies Rules, 1960 have not been followed while preparing the eligible and ineligible voters' list. Thus, it is urged that the petitioners should be treated as eligible voters' and their votes need to be counted as valid votes.

¶58

Learned counsel for the respondent - Society would fairly submit that the Society has not followed the mandatory requirements of the aforementioned Rule. No specific objection is raised relating to the eligibility of the petitioners to contest in the election.

¶59

At this juncture, it is brought to the notice of this Court that in similar circumstances, this Court in the case of H S RAJU AND OTHERS vs STATE OF KARNATAKA

¶60

AND OTHERS (2022(4) AKR 775) has permitted the votes to be counted and the election results to be announced keeping open all other contentions to be adjudicated in appropriate forum under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.

¶61

¶62

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶63

It is relevant to note that merely because the

¶64

petitioners were permitted to vote and contest in the election to the board of the respondent-society, it does not mean that all the petitioners had the eligibility to vote and contest in the election. It is quite possible that all or some

¶65

had the eligibility to vote and contest or may had incurred disqualification to vote and contest. Merely because procedures contemplated under Rule 13-D(2-A) of Karnataka Co-operative Societies Rules, 1960 are not followed, it does not mean that the disqualification if any incurred, is cured. Whether the petitioners did incur the disqualification to vote and contest or not, is a question of fact. Same is to be decided in a proceeding under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.

¶66

Hence, the following:

¶67

ORDER

¶68

(i) The writ petition is Allowed-in-part .

¶69

¶70

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶71

(ii) Returning Officer shall announce the results of the election to the Board of respondent - Society held on 25.01.2024 by counting the votes of the petitioners.

¶72

(iii) If any person entitled to raise a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, raises a dispute under the said provision questioning the eligibility of the petitioners to vote and contest in the election to the board of respondent-Society, the said dispute shall be decided without being influenced by the interim order granted by this Court permitting the petitioners to vote and contest in the election to the board of respondentsociety. It is made clear that this Court while granting interim order in favour of the petitioners, did not give any finding on the eligibility of the petitioners to vote and contest in the election to the board of the respondent-society.

¶73

8 - NC: 2024:KHC:5000 WP No. 1420 of 2024

¶74

(iv) The question as to the eligibility of the petitioners to vote and contest in the election is kept

¶75

open to be decided in a dispute if any, raised in this

¶76

regard.

¶77

(v) If any such dispute relating to the eligibility of

¶78

the petitioners to vote and contest in the election to the board of respondent-society is raised, the effect

¶79

of holding the petitioners ineligible to vote and excluding such votes and excluding ineligible candidates on the final outcome of the election results shall also be taken into account before passing final orders.

¶80

(vi) The ballot papers containing the votes cast by the petitioners shall be kept in a separate sealed box after counting.

¶81

(vii) While counting the votes cast by the petitioners, a separate list shall be prepared disclosing the number of votes cast by the petitioners

¶82

¶83

NC: 2024:KHC:5000 WP No. 1420 of 2024

¶84

in favour of the candidates. Said list shall be separately maintained and be furnished to the authority, if summoned, while hearing election dispute in case such dispute is raised.

¶85

SD/JUDGE

¶86

CHS List No.: 1 Sl No.: 44

Sri.C . Venkatesh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.C . Venkatesh v. the State of Karnataka

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

Mallanna Vs the State of Karnataka

Sri G Ramaiah Vs the State of Karnataka

Sri N Nagaraj Vs State of Karnataka

Sri. Rajanna Vs the State of Karnataka

Shivanna. S. J. Vs the State of Karnataka

Bhagyamma Vs Joint Registrar of Co-Operative Societies