Partly allowed

Sri. Govindappa v. the State of Karnataka

Karnataka HC14 Feb 2024WP/1972/2024

Case brief

AI extract

What is this about?

Members of a co-operative milk producers' society challenged their inclusion in an ineligible voters list for a board election. The Society admitted non-compliance with Rule 13-D(2-A); following H S Raju, the court allowed the petition in part and directed that the petitioners' votes be counted with safeguards for a possible election dispute.

What the court decided

AI extract

Sri. Govindappa Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^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. 1972 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI. GOVINDAPPA S/O VENKATAPPA, AGED ABOUT 72 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI NARAYANASWAMY S/O NANJAPPA AGED ABOUT 65 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI KAMPANNA S/O MUNIRAJU, AGED ABOUT 62 YEARS, SENIOR CITIZEN NOT CLAIMED.

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

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SRI NANJUNDAPPA S/O VENKATAPPA, AGED ABOUT 65 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI LACHAMANNA S/O VENKATAPPA, AGED ABOUT 35 YEARS,

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SRI MUNIKADARAPPA S/O MUNIRAMA, AGED ABOUT 55 YEARS,

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SRI M PRABHAKARA S/O MUNIVENKATAPPA, AGED ABOUT 39 YEARS,

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2 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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SRI SREERAMAREDDY S/O V VENKATARADDY, AGED ABOUT 50 YEARS,

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SMT INDIRAMMA W/O T NARAYANASWAMY, AGED ABOUT 55 YEARS,

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SMT D V LALITHAMMA W/O K VENKATAREDDY, AGED ABOUT 48 YEARS,

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SRI A MANJUNATHA S/O ANNATHAREDDY AGED ABOUT 40 YEARS,

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SMT LAKSHMAMMA W/O NANJUNDAPPA AGED ABOUT 65 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI SREENIVASAREDDY S/O SREERAMAREDDY, AGED ABOUT 42 YEARS,

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SRI V NARASIMMAPP S/O VENKATAPPA, AGED ABOUT 40 YEARS,

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SRI V NARAYANASWAMY S/O VENKATASHAMY, AGED ABOUT 50 YEARS,

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SMT MANJULAMMA W/O SREERAMAREDDY, AGED ABOUT 45 YEARS,

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SMT PUSHPA W/O SURESH, AGED ABOUT 40 YEARS,

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3 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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SMT SHAMALAMMA W/O NAGARAJU, AGED ABOUT 40 YEARS,

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SMT SARASWAMMA W/O VENKATESHREDDY AGED ABOUT 45 YEARS,

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SMT DYAMMA W/O MUNIRAJA, AGED ABOUT 46 YEARS,

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SMT ANJAMMA W/O KEMPANNA, AGED ABOUT 65 YEARS,

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SMT LAKSHMI W/O K VENKATESHREDDY, AGED ABOUT 48 YEARS,

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SRI VENKATESH S/O SREERAMAREDDY AGED ABOUT 37 YEARS,

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SMT PREMA W/O REDDEPPA, AGED ABOUT 35 YEARS,

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SMT RADHAMMA W/O RAMACHANDRA, AGED ABOUT 46 YEARS,

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SRI JAYARAMARRDDY S/O CHIKKAMUNIVENKATTA AGED ABOUT 45 YEARS,

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SMT MANJULA W/O CHOWDAREDDY, AGED ABOUT 35 YEARS,

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4 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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SRI MUNIYAPPA S/O MUNIRAMAPPA, AGED ABOUT 50 YEARS,

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SRI CHOWDAREDDY S/O NARAPPA AGED ABOUT 62 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI VENKATAREDDY S/O VENKATAPPA, AGED ABOUT 74 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI M RAVINDRA S/O MUNIVENKATAPPA, AGED ABOUT 58 YEARS,

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SRI A V VENKATESHAIAH S/O VENKATESHAIAH, AGED ABOUT 54 YEARS,

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SRI K VENATESHAIAN S/O KRISHNAPPA, AGED ABOUT 53 YEARS,

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SRI MUNIKRISHNAPPA S/O MUNISHYMY, AGED ABOUT 75 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI C RAMACHANDRA S/O CHIKKAVENKATAPPA, AGED ABOUT 55 YEARS,

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SMT MUNIYAMMA W/O MARIYAPPA AGED ABOUT 60 YEARS, SENIOR CITIZEN NOT CLAIMED.

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5 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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SRI K NARAYANASWAMY S/O KRISHNAPPA, AGED ABOUT 60 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI N ASWATHAREDDY S/O NARAYANAPPA, AGED ABOUT 65 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI V NARAYANASWAMY S/O VENKATAPPA, AGED ABOUT 58 YEARS,

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SMT T V VANAJAMMA W/O MUNIREDDY AGED ABOUT 35 YEARS,

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SRI VENUGOPALAREDDY S/O CHIKKAMUNIVEKATAPPA, AGED ABOUT 53 YEARS,

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SRI A C MANJUNATHA S/O N CHOWDAREDDY, AGED ABOUT 46 YEARS,

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SRI SUBRAMANI S/O RAMASETTY, AGED ABOUT 42 YEARS,

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SRI MUNIRAJU S/O CHIKKABANADAPPA, AGED ABOUT 55 YEARS,

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SRI G RAMESH S/O R GOVINDAREDDY, AGED ABOUT 47 YEARS,

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SMT PADMAMMA W/O DEVANNA AGED ABOUT 46 YEARS,

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6 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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SMT BHARATHAMMA W/O SRI MANJUNATHA AGED ABOUT 35 YEARS,

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SRI MANJUNATHA S/O MUNIKRISHNAPPA, AGED ABOUT 46 YEARS,

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SMT NARAMMA W/O KADIRAPPA, AGED ABOUT 58 YEARS,

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SMT VARALAKSHMI W/O RAMESH, AGED ABOUT 35 YEARS,

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SMT LAKSHMIDEVAMMA W/O MUNIRAJU, AGED ABOUT 32 YEARS,

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SRI R SREENIVASAREEDY S/O RAMANNA AGED ABOUT 65 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI N RAJANNA S/O NARAYANAPPA, AGED ABOUT 67 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI K RAJANNA S/O KRISHNAPPA, AGED ABOUT 66 YEARS, SENIOR CITIZEN NOT CLAIMED.

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SRI CHANNAKRISHNAPPA S/O NARAYANAPPA, AGED ABOUT 64 YEARS, SENIOR CITIZEN NOT CLAIMED. SL NO.1 TO 55 ARE R/AT ALAVATTA VILLAGE,

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7 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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J THIMMASANDRA POST, KASABA HOBLI, SREENIVASAPURA TALUK, KOLARA DISTRICT, KOLAR - 563135.

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…PETITIONERS

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(BY SRI KALLESHAPPA K S, ADVOCATE) AND:

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THE STATE OF KARNATAKA BY SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHAN SOUDHA, BANGALORE - 560 001.

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THE STATE CO-OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER, 3^RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE 560027.

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THE REGISTRAR OF CO-OPERATION SOCIETIES IN KARNATAKA NO.01, ALI ASKAR ROAD, BENGALURU 560001.

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ALAVATA MILK PRODUCERS, CO-OPERATIVE SOCIETY, ALAVATTA VILLAGE, J THIMMASANDRA POST, KASABA HOBLI, SRENIVASAPURA TALUK, KOLAR DISTRICT 563135.

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REP. BY SECRETARY,

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CO-OPERATIVE DEVELOPMENT OFFICER, THE RETURNING OFFICER, SRENIVASAPURA TALUK, KOLAR DISTRICT, KOLAR - 563 135.

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DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR KOLAR DISTRICT, KOLAR - 563135.

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…RESPONDENTS

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(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3, R5 AND R6 SRI T L KIRAN KUMAR, ADVOCATE FOR R2 SMT SARSWATHI M, ADVOCATE FOR R4)

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8 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LIST OF INELIGIBLE VOTERS LIST PUBLISHED BY THE R4 DATED NIL AS PER ANNEXURE A TO THE ABOVE WP PETITIONER CONSEQUENTLY.

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THIS PETITION COMING ON FOR BEING SPOKEN TO THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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This petition was disposed of vide order dated 02.02.2024. The petition is filed on the premise that the procedures contemplated under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (Hereinafter referred to as the 'Rules, 1960' for short) are not followed. This Court has granted interim order vide order dated 20.01.2024 and permitted the petitioners to cast vote in the election. Thereafter, notices were issued to the respondents and respondent-Society appeared and admitted that the requirements of Rule 13-D(2-A) Rules, 1960 are not complied. In this background, this Court has followed the law laid down in the case of H S RAJU AND

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OTHERS vs STATE OF KARNATAKA AND OTHERS (2022(4) AKR 775) and allowed the writ petition in part.

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9 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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However, the final order signed by the Court turned out pertaining to another petition involving similar issues where the Society contested the petitioners' claim.

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The learned counsel for the petitioners has brought to the notice of this Court the error crept in and the learned counsel for the respondent-State as well as the Society would fairly submit that the petition was allowed-in-part on the previous date directing the petitioners' vote to be counted, with certain conditions.

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Considering the submission made at the Bar

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and after perusal of the records, this Court is of the view that the order dated 02.02.2024 is recalled and substituted by the following order:-

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ORDER

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

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(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.

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10 - NC: 2024:KHC:4586 WP No. 1972 of 2024

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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 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.

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(iv) The question as to the eligibility of the petitioners to vote and contest 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 and contest in the election to the board of respondent-Society is raised, the effect of

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11 -

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NC: 2024:KHC:4586 WP No. 1972 of 2024

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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.

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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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CHS

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List No.: 1 Sl No.: 28

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Sd/JUDGE

Sri. Govindappa v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri. Govindappa v. the State of Karnataka

Case brief

What is this about?

What the court decided

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