Partly allowed

Sri C Aswathanarayanagowda v. the State of Karnataka

Karnataka HC23 Feb 2024WP/5184/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition in part, directing the Returning Officer to count petitioner votes in a cooperative society election despite non-compliance with minimum member eligibility rules. The court kept voter eligibility disputes open for future adjudication.

What did the court decide?

The Returning Officer is directed to announce election results by counting petitioner votes. Petitioner votes must be sealed separately, and a distinct list of their votes must be maintained for any f

Sri C Aswathanarayanagowda Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC:7649 WP No. 5184 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 5184 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI C ASWATHANARAYANAGOWDA, S/O CHIKKARAMAIAH, AGED ABOUT 43 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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SHARE/MEMBERSHIP NO.67

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SMT. GANGAMMA W/O VEERAPPA, AGED ABOUT 53 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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SHARE/MEMBERSHIP NO.13

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

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SRI. RANGARAJAIAH S/O KURITHIMMAIAH,AGED ABOUT 70 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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SHARE/MEMBERSHIP NO.54 NOT CLAIMED SENIOR CITIZENSHIP

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SRI. SURESH M S/O MARIRANGAIAH,AGED ABOUT 52 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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NC: 2024:KHC:7649 WP No. 5184 of 2024

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SHARE/MEMBERSHIP NO.62

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SMT. HUCHAMMA W/O RANGADHAMAIAH,AGED ABOUT 84 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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SHARE/MEMBERSHIP NO.116 NOT CLAIMED SENIOR CITIZENSHIP

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SRI. ANAND R., S/O RAMAIAH S, AGED ABOUT 36 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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SHARE/MEMBERSHIP NO.74

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SMT. ANUSUYADEVI W/O SRINIVASAMURTHY, AGED ABOUT 54 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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SHARE/MEMBERSHIP NO.50

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SRI. CHANNAKESHAVI, S/O SATHISH G, AGED ABOUT 54 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204

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SHARE/MEMBERSHIP NO.124

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SRI. RANGADHAMAIAH, S/O THIMMAPPA, AGED ABOUT 74 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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NC: 2024:KHC:7649 WP No. 5184 of 2024

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SHARE/MEMBERSHIP NO.31 NOT CLAIMED SENIOR CITIZEN BENEFIT

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SMT. MUNILAKSHMAMMA W/O RANGADHAMAIAH, AGED ABOUT 58 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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SHARE/MEMBERSHIP NO.45

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SRI.R. RAJANNA S/O RAMAIAH, AGED ABOUT 56 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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SHARE/MEMBERSHIP NO.34

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SRI. PUTTARAJU. C., S/O CHIKKAHANUMAIAH, AGED ABOUT 31 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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SHARE/MEMBERSHIP NO.57

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SRI. VENKATARAJU S/O A D GANGAIAH, AGED ABOUT 66 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204 SHARE/MEMBERSHIP NO.14 NOT CLAIMED BENEFIT OF SENIOR CITIZENSHIP

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SMT. PUJAMMA W/O GANGARAMAIAH, AGED ABOUT 53 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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4 - NC: 2024:KHC:7649 WP No. 5184 of 2024

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SHARE/MEMBERSHIP NO.75

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SRI T C VENKATACHALAPATHY, S/O THIMMARAYAGOWDA, AGED ABOUT 57 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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SHARE/MEMBERSHIP NO.139

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SRI. T VEERAKEMPAIAH, S/O THIMMAHANUMAIAH, AGED ABOUT 87 YEARS, R/OF CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204

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SHARE/MEMBERSHIP NO.33 BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

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…PETITIONERS

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(BY SRI. K.L. SREENIVAS.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF CO OPERATION, M.S.BUILDING, BENGALURU-560 010.

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THE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560 027. REP BY ITS COMMISSIONER.

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THE ELECTION OFFICER AND THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES BENGALURU RURAL DISTRICT-561 204.

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5 - NC: 2024:KHC:7649 WP No. 5184 of 2024

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THE RETURNING OFFICER CHANNADEVI AGRAHARA MILK PRODUCERS CO OPERATIVE AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204.

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CHANNADEVI AGRAHARA MILK PRODUCERS CO OPERATIVE SOCIETY LTD REGISTERED UNDER CO OPERATIVE SOCIETY ACT,1959, CHANNADEVI AGRAHARA VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 204. REP BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI. SIDHARTH BABU RAO.,AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR.,ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE INELIGIBLE VOTERS LIST DATED NIL OF THE RESPONDENT NO.5 CHANNADEVI AGRAHARA MILK PRODUCERS CO OPERATIVE SOCIETY LTD,. DODDABALLAPURA TALUK, BENGALRURU RURAL DISTRICT, VIDE ANNEXURE-B AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for respondent Nos.1, 3 and 4 and also the learned counsel appearing for respondent No.2 .

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Respondent No.5 - Society though served with notice has remained absent.

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In substance, the petition is filed seeking right to vote in the election to the board of respondent-cooperative society on the premise that the ineligible voters' list published by the respondent Society is contrary to the mandatory provisions of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules 1960 (Hereinafter referred to as the 'Rules, 1960' for short). In terms of the interim order granted by this Court, the petitioners claim to have cast their votes in the election to the Board of respondent Society, held on 20.02.2024. The results have not been announced. The same has been withheld in terms of the interim order granted by this Court.

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The respondent-society though served with the notice has not chosen to appear and contest the petition. The allegations made in the writ petition relating to noncompliance of Rule 13-D(2-A) of the Rules, 1960 are not

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7 - NC: 2024:KHC:7649 WP No. 5184 of 2024

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controverted by filing statement of objections. The documents on record do not indicate compliance of requirements of Rule 13-D(2-A) of Rules, 1960.

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Since there are no materials to hold that requirements of Rule 13-D(2-A) are complied, this Court proceeds on the assumption that the requirements of Rule 13-D(2-A) of Rules, 1960 are not complied. In a situation where the respondent-society admitted non-compliance of Rule 13-D(2-A) of Rules, 1960, the co-ordinate bench of this Court in H S RAJU AND OTHERS vs STATE OF KARNATAKA AND OTHERS (2022(4) AKR 775) has permitted the votes to be counted and the election results to be announced keeping open all other contentions to be adjudicated in appropriate forum under Section 70(2) of the Karnataka Co-operative Societies Act, 1959. Since, there is no contest by the respondent-society, the principle laid down in H S RAJU supra can be applied to the facts of the present petition.

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Under these circumstances, the following:

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8 - NC: 2024:KHC:7649 WP No. 5184 of 2024

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ORDER

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

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(ii) The Returning Officer shall announce the results of the election to the Board of the respondent - Society held on 20.02.2024 by counting the votes of the petitioners.

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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 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 in the election to the board of respondent-society. It is made clear that this Court while granting interim order in favour of the petitioners, has not given any finding on the eligibility of the petitioners to vote 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

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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 in the election to the board of respondentsociety is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, 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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PHM/List No.: 1 Sl No.: 42

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Sd/JUDGE

Sri C Aswathanarayanagowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri C Aswathanarayanagowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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