Disposed

Sri. v. R. Siddappa v State of Karnataka

Karnataka HC5 Nov 2024WP/23885/2024

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution of India, petitioners prayed to re-commence interrupted elections and ensure police protection for cooperative society board elections. The court disposed of the petition accepting the government's submission on the election calendar but directed respondents to provide adequate security measures.

What did the court decide?

Directions given to make adequate security measures available during nomination, election polling, and all other stages of the election to prevent any recurrence of the incident giving rise to the pet

Sri. v. R. Siddappa Vs State of Karnataka — Election Law | Karnataka HC (2024)

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NC: 2024:KHC:44635 WP No. 23885 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 23885 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI. V. R. SIDDAPPA, S/O LATE SRI. V. S. RAMANNA, AGED ABOUT 51 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SRI. APPU P GOWDA, S/O SRI. PUTTASWAMY P, AGED ABOUT 40 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI. V. K. NANAIAH, S/O SRI. KENCHAIAH, AGED ABOUT 51 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SRI. V.A. NARAYANA, S/O SRI. AHEGOWDADA CHIKKANNA, AGED ABOUT 70 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SRI. S. SHANKAR,

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2 - NC: 2024:KHC:44635 WP No. 23885 of 2024

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S/O SRI. SHIVANNA, AGED ABOUT 65 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SRI. V.N. KRISHNA, S/O SRI. JAYAMMA, AGED ABOUT 54 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SRI. SURESH, S/O SRI. NANJUNDEGOWDA, AGED ABOUT 55 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SMT. RATHNAMMA, W/O SRI. V.M. SIDDAPPA, AGED ABOUT 64 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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SMT. VISHALA, D/O SRI. ANKAIAH, AGED ABOUT 42 YEARS, R/O VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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…PETITIONERS

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(BY SRI. VIKRAM H. BHAT., FOR SMT. VAISHALI HEGDE., ADVOCATES)

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AND:

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STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION,

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3 - NC: 2024:KHC:44635 WP No. 23885 of 2024

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M,S, BUILDING, BENGALURU - 560 001.

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DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA - 573 201.

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA - 571 440.

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VAIDYANATHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428, REPRESENTED BY ITS SECRETARY. (REG UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959).

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THE ADMINISTRATOR, VAIDYANATHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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RETURNING OFFICER, VAIDYANATHAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., VAIDYANATHAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428.

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CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY THE COMMISSIONER, 3^RD FLOOR, T.T.M.C BUILDING, A BLOCK, SHANTHI NAGAR, BANGALORE - 560 027.

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4 - NC: 2024:KHC:44635 WP No. 23885 of 2024

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SUPERINTENDENT OF POLICE, MANDYA DISTRICT, H. K. VEERANNA GOWDA ROAD, MANDYA - 571 401.

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STATION HOUSE OFFICER, MADDUR POLICE STATION, MADDUR - 571 428.

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…RESPONDENTS

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(BY SRI. YOGESH D NAIK., AGA FOR R1 TO R3, R5, R6, R8 AND R9; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R7; R4 SERVED AND UNREPRESENTED)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 7 TO RE-COMMENCE THE PROCESS FOR CONDUCTING ELECTIONS TO BOARD OF MANAGEMENT OF THE R-4 SOCIETY FROM THE STAGE AT WHICH IT WAS INTERRUPTED, AT THE EARLIEST CONSIDERING THE REPRESENTATIONS OF THE PETITIONERS DATED. 20.08.2024 VIDE ANNEXURE-N, N1 AND N2 WITHIN A PERIOD OF 2 WEEKS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the following reliefs:

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"WHEREFORE, it is most humbly prayed that

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this Hon'ble Court may be pleased to:

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(i) Issue a Writ of Mandamus directing the respondent Nos.1 to 7 to re-commence the process for conducting elections to Board of

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5 - NC: 2024:KHC:44635 WP No. 23885 of 2024

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Management of the 4^th respondent Society from the stage at which it was interrupted, at the earliest considering the representation of the petitioners dated 20/08/2024 vide ANNEXURES 'N', 'N1' & 'N2', within a period of 2 weeks in the interest of justice and equity.

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(ii) Issue a Writ of Mandamus directing the respondent Nos.8 & 9 to provide adequate police protection to the respondent Nos.2 to 7 to ensure that the election process once recommenced will not be interrupted again by vested interests.

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(iii) Issue such other appropriate Writ or Order or Direction as deemed fit under the circumstances of the case, in the interest of justice and equity."

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Learned Additional Government Advocate has filed a

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memo enclosing Form-11 in terms Rules 14(1) of the Karnataka Co-operative Societies Rules, 1960, he submits that in terms thereof the dates have been fixed and a detailed calendar of events would be issued by 29.11.2024, the said submission addresses the grievance of the petitioners.

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Accepting the said memo. The petition stands disposed .

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The respondents are also directed to make available adequate security measures during the nomination,

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6 - NC: 2024:KHC:44635 WP No. 23885 of 2024

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election polling, as also all other stages of the election, so as to prevent any similar occurrence as

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that which has given rise to the above petition.

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SD/(SURAJ GOVINDARAJ) JUDGE

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TMP List No.: 1 Sl No.: 3

Sri. v. R. Siddappa v State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. v. R. Siddappa v State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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