Partly allowed

Sri Chandra C C v. the State of Karnataka

Karnataka HC6 Feb 2024WP/1617/2024

Case brief

AI extract

What is this about?

Petitioners excluded from a milk producers' co-operative society's eligible voters' list sought to vote in the board election. Court allowed votes to be counted with election results announced, keeping eligibility questions open for adjudication under Section 70(2)(c).

What did the court decide?

Returning Officer directed to count petitioners' votes and announce results; ballots kept separately; eligibility left open for Section 70(2)(c) disputes

Sri Chandra C C Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC:5029 WP No. 1617 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 1617 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI CHANDRA C C, S/O CHANNAVEEREGOWDA AGED ABOUT 48 YEARS SHARE NO 219

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SRI SATHISHA, S/O LATE CHOWDAIAH AGED ABOUT 65 YEARS SHARE NO 68

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SRI RAGHU C M S/O ALE MAHADEVAIAH AGED BOUT 42 YEARS SHARE NO 111

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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SMT KALAVATHI S/O PRABHUGOWDA AGED ABOUT 60 YEASR SHARE NO 125

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SMT SARSAMMA W/O MAHAEVAIAH AGED ABOUT 58 YEARS SHARE NO 359

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VENAKTESHA S/O LTE RAMANAN AGED ABOUT 49 YEARS SHARE NO 239

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PUTTALINGAMMA W/O LAE MAJADEVAIAH AGED 65 YEARS SHARE NO 277

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2 - NC: 2024:KHC:5029 WP No. 1617 of 2024

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SMT PUTTAMMA W/O ALTE CHELUVARAJU AGED ABOUT 65 YEARS SHARE NO 277

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SRI C R YOGESHA S/O LATE RAMANNA AGEDA BOUT 50 YEARS SHARE NO 240

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SMT M S GEETHA W/O SURESHA C T AGED ABOUT 54 YEARS SHARE NO 356 ALL ARE RESIDENTS OF CHANNASANDRA VILLAGE GORAVANAHALLY POST, MADDUR TALUK, MANDYA DISTRICT - 571428.

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…PETITIONERS

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(BY SRI K L SREENIVAS, 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 - 560010.

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THE CO-OPERATIVE ELECTION COMMISISON 3^RD FLOOR, SHANATHINGAR, TTMA C BLOCK, K H ROAD, SHANTHINAGAR, BEGNALURU - 560 027, REP BY ITS COMMISSIONER.

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THE ELECTION OFFICER AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA 571401.

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THE RETURNING OFFICER, CHANNASANDRA MILK PRODUCERS' CO-OPERATIVE SOCIETY LTD., CHANNSANDRA VILLAGE, GORAVANAHALLY POST, MADDUR TALUK, MANDYA DISTRICT - 571428.

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CHANNADARA MILK PRODUCERS' CO-OPERATIVE SOCITEY LTD., A REGISTERED CO-OPERATIVE SOCIETY,

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NC: 2024:KHC:5029 WP No. 1617 of 2024

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CHANNASANDRA VILLAGE, GORAVANAHALLY POST MADDUR TALUK, MANDYA DISTRICT - 571428, REP. BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4 SRI T L KIRAN KUMAR, ADVOCATE FOR R2, SRI JAGADEESH H T, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST OF THE R5CHANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MADDUR TALUK, MANDYA, VIDE ANNEXURE-B, AS FAR AS IT RELATES TO THE PETITIONERS AND ETC.

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

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ORDER

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Heard the learned counsel appearing for the

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petitioners and the learned counsel appearing for the respondent/State, learned counsels appearing for the Election Authority as well as the respondent/Society.

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This writ petition is filed essentially seeking a Writ

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of Mandamus to include the names of the petitioners in the final eligible voters' list and permit the petitioners to vote in the election to the board of respondent No.5 - society which was scheduled on 19.01.2024.

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NC: 2024:KHC:5029 WP No. 1617 of 2024

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This Court by way of interim order permitted the

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petitioners to cast vote in the said election. However, the result of the election was withheld.

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The learned counsel for the petitioners would contend that the mandatory requirements of Rule 13-D(2A) 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.

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Learned counsel for the respondent - Society would fairly submit that the Society has not followed the mandatory requirements of the aforementioned Rule.

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At this juncture, it is brought to the notice of this

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Court that in similar circumstances, this Court in the case

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of H S RAJU AND OTHERS vs STATE OF KARNATAKA

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AND OTHERS (2022(4) AKR 775) has permitted the votes to be counted and the election results to be

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5 - NC: 2024:KHC:5029 WP No. 1617 of 2024

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announced keeping open all other contentions to be adjudicated in appropriate forum under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.

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It is relevant to note that merely because the

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

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Hence, the following:

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ORDER

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

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6 - NC: 2024:KHC:5029 WP No. 1617 of 2024

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(ii) Returning Officer shall announce the results of the election to the Board of respondent - Society held on 19.01.2024 by counting the votes of the petitioners.

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(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 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 in the election to the board of respondent-society. 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 in the election to the board of the respondent-society.

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(iv) The question as to the eligibility of the petitioners to vote in the election is kept open to be decided in a dispute if any, raised in this regard.

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(v) If any such dispute relating to the eligibility of the petitioners to vote in the election to the board of

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NC: 2024:KHC:5029 WP No. 1617 of 2024

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respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing final orders.

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

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

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Sd/JUDGE

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BRN

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List No.: 1 Sl No.: 36

Sri Chandra C C v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Chandra C C v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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