The petitioner sought to include his popular name on the ballot paper for the co-operative society election. The Returning Officer rejected this. The Court dismissed the writ petition, holding it was not maintainable at the juncture where ballot papers were already printed and the election date was near.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:6737 WP No. 4899 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 4899 OF 2024 (CS-EL/M)
BETWEEN:
GOLLAL SHAMBHOLINGAPPA @ GOLLAL S DODDAMANI, S/O SHAMULINGAPPA, AGED ABOUT 41 YEARS, NO.26, 6TH CROSS, BRUNDHAVANA NAGARA, S B M MATHIKERE, BANGALORE-560054.
…PETITIONER
(BY SRI PRUTHVI WODEYAR, ADVOCATE)
AND:
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
BENGALURU VAKEELARA BHAVANA BUILDING,
NC: 2024:KHC:6737 WP No. 4899 of 2024
BEHIND CAUVERY BHAVAN, KEMPEGOWDA ROAD BANGLAORE - 560 009.
…RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER DATED 12/02/2024 BEARING NO. DRB1.CHUNAVANE/2023-24 ISSUED BY THE R4 VIDE ANNEUXRE-J. THIS PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
petitioner as well as the learned counsel appearing for the respondents.
the ballot papers have already been printed and there are more than six thousand voters and at this juncture, if the order is passed, it is not possible to print a fresh set of ballot papers incorporating the changes as requested by the petitioner as the election is scheduled on 18.02.2024. It is also his contention that the hand book for candidate issued by the Election Commission of India is not applicable to the Co-operative Societies' election, as the Karnataka Co-operative Societies Rules, 1960 (for short 'Rules, 1960') provides for elaborate procedure relating to the election and it is a complete code in itself when it comes to election and no such provision is available in the Rules, 1960 to include the 'popular name'.
NC: 2024:KHC:6737 WP No. 4899 of 2024
Rules, 1960 would enable 'such inclusion' having regard to the time available, this Court is of the view that at this juncture, the
petition is not maintainable.
6. Accordingly, the Writ Petition is dismissed .
Sd/JUDGE
GVP List No.: 4 Sl No.: 1
2 issues framed by the court
Whether the Returning Officer was competent to reject the petitioner's representation to include his 'popular name' on the ballot paper for the co-operative society election?
Whether the writ petition was maintainable given that ballot papers had already been printed and the election was imminent?
1 provisions across 1 enactments
Gollal Shambholingappa @ Gollal S Doddamani
State of Karnataka
Karnataka Co-operative Election Authority
The Election Officer, Cum Deputy Registrar of Cooperative Societies
Returning Officer, Bengaluru Vakeelara Sahakara Sangha Niyamitha
Bengaluru Vakeelara Sahakara Sangha Niyamitha
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
