Writ petition challenging a delegation allowing a respondent to contest a co-operative election dismissed as calendar events already published; election dispute liberty reserved.
Writ petition dismissed; liberty reserved to raise election dispute regarding delegation validity.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 3270 OF 2024 (CS-EL/M)
BETWEEN:
MALLANNA, S/O LATE MADAPPA, AGED ABOUT 51 YEARS, R/O T NARASIPURA, T NARASIPURA TQ - 571124, MYSURU DISTRICT.
…PETITIONER
(BY SRI DEVI PRASAD SHETTY, ADVOCATE)
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO R3 AND R4 TO RESTRAIN THE R7 FROM CONTESTING IN THE ELECTION TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 11/02/2024 AS REPRESENTATIVE OF THE R6 AND DELETE THE NAME OF THE R7 FROM THE LIST OF ELIGIBLE FINAL VOTERS LIST AT SL NO. 20 AT ANNEXURE-G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
petitioner.
Petition, the authority shall consider the dispute in accordance with law, without being influenced by the dismissal order.
6. If such a dispute is raised, the authority shall
conclude the matter within six months from the date of filing of
the petition.
Sd/JUDGE
GVP
List No.: 3 Sl No.: 1
2 issues framed by the court
Whether to restrain a respondent from contesting a co-operative society election on the ground of an invalid delegation.
Whether to delete a name from the list of eligible final voters.
Mallanna, S/o Late Madappa
The State of Karnataka, Department of Co-operation
The State Co-operative Election Authority
Joint Registrar of Co-operative Societies/ District Election Officer, Mysore District
Returning Office appointed for Taluka Agriculture Marketing Co-operative Society Ltd
Taluka Agriculture Marketing Co-operative Society Ltd
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
