Allowed

Sri. T Jayakumar v. the State of Karnataka

Karnataka HC9 Feb 2024WP/854/2024

Case brief

AI extract

What is this about?

This writ petition challenged the ineligible voters list of a cooperative society. The High Court of Karnataka held that where there was non-compliance with voter eligibility rules and the society did not contest, the court would follow a precedent to allow the votes to be counted and results announced while keeping eligibility disputes open.

What did the court decide?

Order allowed in part; Returning Officer directed to announce election results by counting petitioners' votes, keeping eligibility disputes open.

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

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1 - NC: 2024:KHC:5862 WP No. 854 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. 854 OF 2024 (CS-EL/M)

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BETWEEN:

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SRI. T JAYAKUMAR, S/O LATE THIPPAIAH, AGED ABOUT 72 YEARS, R/AT V-58, 4^TH CROSS, PIPEL INE, MALLESWARAM, BANGALORE - 560 003, (MEMBERSHIP NO. 3039). (SENIOR CITIZEN IS NOT CLAIMED).

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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SRI LAKKA SWAMY, S/O NANJAPPA, AGED ABOUT 71 YEARS, R/AT NO.30, 10^TH MAIN, BHARATH MATHA BLOCK, PALACE GUTTAHALLI, BANGALORE - 560 003, (MEMBERSHIP NO. 4820).

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SRI GANDHI R, S/O LATE K RAJAGOPAL, AGED ABOUT 48 YEARS, R/AT NO.100, 1^ST MAIN, 3^RD CROSS, VAYALIKAVAL, BANGALORE - 560 003, (MEMBERSHIP NO. 5009).

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SMT. K RENUKA, W/O ASHOK, AGED ABOUT 47 YEARS, R/AT NO.60, 1^ST MAIN ROAD, PALACE GUTTAHALLI, BANGALORE - 560 003, (MEMBERSHIP NO. 6380).

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NC: 2024:KHC:5862 WP No. 854 of 2024

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SRI BYRESH, S/O S GOPALAIAH, AGED ABOUT 47 YEARS, R/AT NO.9/9, 2^ND A CROSS, SULTHANPALYA MAIN ROAD, R.T.NAGAR, BANGALORE - 560 032, (MEMBERSHIP NO. 10951).

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…PETITIONERS

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(BY MS POORNIMA PRAJAPATHI, ADVOCATE FOR SRI. SIDDAMALLAPPA P M, ADVOCATE)

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AND:

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

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THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, A BLOCK, SHANTHI NAGAR, TTMC BUILDING, KHB ROAD, BENGALURU - 560 002.

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THE ELECTION OFFICER AND JOINT SECRETARY OF CO-OPERATIVE SOCIETIES, OFFICE OF CO-OPERATIVE SOCIETIES JOINT REGISTRAR, BANGALORE DISTRICT,

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BANGALORE - 560 002.

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RETURNING OFFICER, OFFICE OF CO-OPERATIVE SOCIETY, NO.1, ALIASKAR ROAD, BANGALORE - 560 052.

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DISTRICT ELECTION OFFICER, 4^TH DIVISION, SAHAKRA SOUDHA,

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3^RD FLOOR, MALLESHWARAM, BANGALORE - 560 003.

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SRI VINAYAKA CREDIT CO-OPERATIVE SOCIETY LTD., NO.14, 3^RD MAIN ROAD, RAJA MAHAL GUTTAHALLI, BANGALORE - 560 003,

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3 - NC: 2024:KHC:5862 WP No. 854 of 2024

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REP BY MANAGER,

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REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959.

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…RESPONDENTS

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(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 TO R5 SRI T L KIRAN KUMAR, ADVOCATE FOR R2, R6 SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE 97^TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA 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 Government Advocate appearing for respondents No.1, 3 to 5 and also the learned counsel appearing for respondent No.2.

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Respondent No.6-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-co-

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NC: 2024:KHC:5862 WP No. 854 of 2024

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operative 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 13.01.2024. 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

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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 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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NC: 2024:KHC:5862 WP No. 854 of 2024

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Since there are no materials to hold that

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requirements of Rule 13-D(2-A) of Rules, 1960 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

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AND OTHERS vs STATE OF KARNATAKA AND OTHERS

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(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

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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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ORDER

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

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NC: 2024:KHC:5862 WP No. 854 of 2024

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(ii) The Returning Officer shall announce the results

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of the election to the Board of the respondent - Society held on 13.01.2024 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 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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7 - NC: 2024:KHC:5862 WP No. 854 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, 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

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NC: 2024:KHC:5862 WP No. 854 of 2024

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shall be separately maintained and be furnished

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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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CHS List No.: 1 Sl No.: 29