High Court dismissed Writ Petition seeking direction to include petitioner in voter list and permit nomination for cooperative bank board election, as petitioner lost the election recount.
Prayers to include name in voter list and permit nomination for election dismissed as petitioner lost the vote count.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 835 OF 2024 (CS-EL/M)
BETWEEN:
B. LINGEGOWDA, AGED ABOUT 43 YEARS, S/O BYRAPPA, EX-PRESIDENT, SREE ANJANEYA CO-OPERATIVE BANK LIMITED, NO.17/1, 3RD MAIN ROAD, BETWEEN 8TH AND 9TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE - 560 003.
…PETITIONER
(BY SRI. GAGANA K.D, ADVOCATE FOR SRI. MUKKANNAPPA S.B, ADVOCATE)
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SIDHARTH BABURAO, AGA FOR R2 AND R3; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R1; SRI. G. CHANDRASHEKARAIAH, ADVOCATE FOR R4) SRI. DEVI PRASAD SHETTY FOR IMPLEADING APPLICANT on I.A.No.1/24)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 AND R2 TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL VOTER LIST IN APPROPRIATE PLACE PUBLISHED ON 01/01/2024 AT ANNEXURE-P AND PERMITTED THE PETITIONER TO FILE NOMINATION TO THE ELECTION TO BE HELD ON 21/01/2024 TO THE BOARD OF DIRECTORS TO THE R4 BANK UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This court vide order dated 05.02.2024 has directed the Returning Officer to submit the results of the Election to the Board of respondent-society held on 21.01.2024.
in the sealed cover and the sealed cover is opened in the open court. From the results submitted by the Returning Officer, it is forth coming that the petitioner has lost.
NC: 2024:KHC:5370 WP No. 835 of 2024
Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.
needless to say that the Authority hearing the dispute shall decide the election dispute as expeditiously as possible.
dismissed.
for impleading and I.A.No.2/2024 for direction also stands disposed of.
Sd/JUDGE
TIN
List No.: 1 Sl No.: 19 CT: BHK
1 issue framed by the court
Whether the petitioner's prayer for inclusion in the final voter list and permission to nominate for the Board of Directors election survives given he lost the vote count.
2 provisions across 2 enactments
B. Lingegowda
The Election Commissioner of Co-operative Election Authority
The Deputy Registrar of Co-operative Societies and Returning Officer to Anjeneya Co-operative Bank Ltd.
The Deputy Registrar of Co-operative Societies, Central Range
Sree Anjaneya Co-operataive Bank Limited
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
