Partly allowed

Sri.B.T. Nanje Gowda v. the State of Karnataka

Karnataka HC9 Feb 2024WP/830/2024

Case brief

AI extract

What is this about?

High Court allowed a writ petition partly, directing the Returning Officer to announce election results by counting petitioners' votes. Eligibility question remains open to be decided via a specific dispute proceeding, with ballot papers separately preserved.

What did the court decide?

Returning Officer directed to announce election results by counting petitioners' votes; ballot papers kept in separate sealed box.

Sri.B.T. Nanje Gowda Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC:5668 WP No. 830 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 830 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI.B.T. NANJE GOWDA AGED ABOUT 75 YEARS, S/O LATE THAMMANNA.

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SRI. R. KEMPE GOWDA AGED ABOUT 45 YEARS, S/O LATE RUDRAPPA,

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ALL THE PETITIONERS NO.1 TO 2 ARE RESIDING AT MANDIBYADARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK-561 203 BENGALURU RURAL DISTRICT.

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…PETITIONERS

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(BY SRI. BHADRINATH R, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: High Court of Karnataka

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, SHANTINAGAR TTMC, A BLOCK, KENGAL HANUMANTHAIAH ROAD, SHANTHI NAGAR, BENGALURU-560 027 REPRESENTED BY ITS COMMISSIONER.

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THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES,

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2 - NC: 2024:KHC:5668 WP No. 830 of 2024

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BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110.

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THE RETURNING OFFICER MANDIBYADARAHALLI VILLAGE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, MANDIBYADARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK-561 203 BENGALURU RURAL DISTRICT.

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THE MANDIBYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD MANDIBYADARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK-561 203 BENGALURU RURAL DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER REGISTERED BY KARNATAKA CO-OPERATIVE SOCIETY ACT 1957.

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…RESPONDENTS

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(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 & R4; SRI. T L KIRAN KUMAR, ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 3 TO 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AND PERMIT THE PETITIONERS TO CAST VOTE IN THE UPCOMING ELECTIONS TO R5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 21/01/2024 AS FOUND AT ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 Additional Government Advocate appearing for

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the respondent/State as well as the learned counsel for the

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3 - NC: 2024:KHC:5668 WP No. 830 of 2024

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respondent/Society, learned counsel appearing for the election authority.

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This writ petition is essentially filed seeking a Writ of Mandamus to include the names of the petitioners in the final eligible voters' list and permit the petitioners to vote in the election to the board of respondent No.5 - society which was scheduled on 21.01.2024.

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This Court by way of interim order permitted the petitioners to cast vote. However, the result of the election was withheld.

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The learned counsel for the petitioners would contend that the mandatory requirements of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 have not been followed while preparing the eligible and ineligible voters' list. Thus, it is urged that the petitioners should be treated as eligible voters' and their votes need to be counted as valid votes.

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Learned counsel for the 5^th respondent - Society would fairly submit that the Society has not followed the mandatory requirements of the aforementioned Rule.

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NC: 2024:KHC:5668 WP No. 830 of 2024

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At this juncture, it is brought to the notice of this Court that in similar circumstances, this Court in the case of H

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S RAJU AND OTHERS vs STATE OF KARNATAKA AND

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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.

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It is relevant to note that merely because the petitioners were permitted to vote in the election to the board of the respondent-society, it does not mean that all the petitioners had the eligibility to vote in the election. It is quite possible that all or some had the eligibility to vote or may had incurred disqualification to vote. Merely because procedures contemplated under Rule 13-D(2-A) of Karnataka Co-operative Societies Rules, 1960 are not followed, it does not mean that the disqualification if any incurred, is cured. Whether the petitioners did incur the disqualification to vote or not, is a question of fact. Same is to be decided in a proceeding under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.

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5 - NC: 2024:KHC:5668 WP No. 830 of 2024

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Hence, the following:

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ORDER

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

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(ii) Returning Officer shall announce the results of the election to the Board of 5^th respondent - Society held on 21.01.2024 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

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the petitioners, did not give any finding on the eligibility of the petitioners to vote in the election to the board of the respondent-society.

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6 - NC: 2024:KHC:5668 WP No. 830 of 2024

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(iv) The question as to the eligibility of the petitioners to vote 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 respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes and excluding ineligible candidates 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

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NC: 2024:KHC:5668 WP No. 830 of 2024

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to the authority, if summoned, while hearing election dispute in case such dispute is raised.

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Sd/JUDGE

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PMR List No.: 1 Sl No.: 28

Sri.B.T. Nanje Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.B.T. Nanje Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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