Petitioner sought inclusion in a milk producers' co-operative society's final voters list to vote and contest scheduled elections. Following two coordinate-bench rulings, the court held the writ petition was not maintainable as filed after publication of the calendar of events and dismissed it.
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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. 3398 OF 2024 (CS-EL/M)
BETWEEN:
C S PURUSHOTHAMA GOWDA, S/O C D SATHYANARAYANA GOWDA, AGED ABOUT 49 YEARS, MEMBERSHIP NO.41, CHANNADEVI AGRAHARA MILK PRODUCERS CO-OP.SOCIETY LTD., R/AT CHANNADEVI AGRAHARA, MADURE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 023.
…PETITIONER
(BY SRI ANIL KUMAR R, ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA PRAMILA G V DEPT OF CO-OPERATION Location: M S BUILDING, DR B R AMBEDKAR VEEDHI, HIGH COURT BENGALURU - 560 001, OF REP BY ITS PRINCIPAL SECRETARY. KARNATAKA
CHANNADEVI AGRAHARA, MADURAI HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 023, REP. BY ITS CHIEF EXECUTIVE OFFICER, (SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT 1956).
…RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AGAINST THE R2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL VOTERS LIST AND PERMIT THE PETITIONER TO CAST HIS VOTE AND CONTEST THE ELECTIONS IN THE ELECTION OF THE R3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 11.2.24 OR IN THE ALTERNATIVE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
challenge the election results under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.
NC: 2024:KHC:4739 WP No. 3398 of 2024
to be decided in a proceeding under Section 70 of the Act of 1959, if initiated.
Notwithstanding the dismissal of the Writ Petition, liberty is reserved to the petitioner to raise all the contentions in the election dispute after the announcement of election results.
Sd/JUDGE
GVP
1 issue framed by the court
Whether a writ petition challenging exclusion from a co-operative society voters' list is maintainable after publication of the calendar of events.
Colour shows how this judgement treated each authority
Mohammad Beary & Others vs. The State Of Karnataka & Others (and connected matters)Relied on
Writ Petition No.29271/2023
Sri. B Ganganna and others vs. The State of Karnataka and othersRelied on
W.P.No.29014/2023
3 provisions across 2 enactments
C S Purushothama Gowda
State of Karnataka, Rep by its Principal Secretary
State Co-operative Election Commission, Rep by its Secretary
Chennadevi Agrahara Milk Producers Co-operative Society Ltd., Rep. by its Chief Executive Officer
Returning Officer, Chennadevi Agrahara Milk Producers Co-operative Society Ltd.
District Election Officer and Deputy Registrar of Co-operative Societies Bangalore Rural District
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
