Sri Bhavikatte Bharamappa S/O Hanumanthappa Vs… — Writ and Judicial Review | Karnataka HC (2025)

Sri Bhavikatte Bharamappa S/O Hanumanthappa Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No quashing of the impugned order; the writ petition stands disposed with directions that (i) all proceedings pursuant to the Election Petition, including the elections to the posts of President and Vice President, remain subject to the result of the Election Petition; (ii) all contentions are left open to be urged before the concerned Court; and (iii) the proceedings before the first respondent be concluded per the statutory mandate without undue delay.

Issue for consideration

Whether the order dated 07.01.2025 passed by Respondent No.1 rejecting the petitioners' application to stall the elections to the posts of President and Vice President of the third respondent-Society should be quashed by writ of certiorari under Articles 226 and 227 of the Constitution. +1 more

Court's answer

This Court finds no warrant to interfere with the reasons rendered by the concerned Court in rejecting the application to stall the elections, even though the order is cryptic and does not inspire confidence insofar as its rendering of reasons is concerned.

Ratio / Principle

The operative circumstance relied upon is that the calendar of events for the conduct of the elections had already been notified.

Key takeaways

All proceedings that would be taken pursuant to the filing of the Election Petition, including the election to the posts of President and Vice President, shall remain subject to the result of the Election Petition.ratio¶57
All the contentions of the petitioners are left open to be urged by them before the concerned Court.ratio¶58
The proceedings before the first respondent are to be concluded in terms of the mandate and statute, without brooking any further delay than what is prescribed under the statute.ratio

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (M. Nagaprasanna J.), 08.01.2025, WP No. 100105 of 2025 (CS-EL/M): Eight petitioners, under Articles 226 and 227 of the Constitution, sought certiorari to quash the order dated 07.01.2025 passed by the Assistant Registrar of Co-operative Societies (Respondent No.1) in Election Petition No.Sa.Ni/HRP/Section-70/CR-05/2024-25, whereby their Interlocutory Application to stall the elections to the posts of President and Vice President of the third respondent co-operative Society was rejected while their own election petition questioning the Society's elections remained pending and no interim stay had been granted. Held: no warrant to interfere with the concerned Court's decision, though the order is cryptic and its reasoning uninspiring; the decisive fact is that the calendar of events had already been notified. Direction: all proceedings arising from the Election Petition, including the President/Vice-President elections, remain subject to its result; all contentions left open before the concerned Court; proceedings before the first respondent to be concluded per statutory mandate without avoidable delay. Petition disposed.

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NC: 2025:KHC-D:296 WP No. 100105 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 8^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO.100105 OF 2025 (CS-EL/M)

BETWEEN:

SRI BHAVIKATTE BHARAMAPPA S/O HANUMANTHAPPA, AGED ABOUT 74 YEARS, OCC: AGRICULTURE, R/O KURUBAGERI – 583 131. HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI CHIKERI VENKATESH S/O SRI URAPPA, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O THEKKADAGARADIKERI-583131. HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI PUJAR NAGAPPA S/O PUJAR NANJUNDAPPA, AGED ABOUT 71 YEARS, OCC: AGRICULTURE, R/O ADAVIHALLI VILLAGE – 583 131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka

SRI TIMMALAPURADA RAVI SHANKAR S/O. LATE SRI T. BASAVARAJAPPA, AGED ABOUT 53 YEARS, ADVOCATE AND AGRICULTURIST, R/O 35/A, ERAMMAJI BASAPPA GOWDA FARM HOUSE, ARASIKERE ROAD, DEVERA-TIMMALAPURA VILLAGE–583131. HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI G. HANUMANTHAPPA, S/O SRI SOMAPPA, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: SONDURAGERI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI VIJAYAKUMAR S/O. GOWLY NINGAPPA, AGED ABOUT 64 YEARS, OCC: AGRICULTURE, R/O GOWLERA ONI, HARAPANAHALLI TOWN-583131, VIJAYANAGAR DIST.

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SRI. T. AHAMED HUSSAIN S/O SRI. ABDUL SAB, AGED ABOUT 45 YEARS, ADVOCATE, R/O: 7^TH WARD, RAHAMATH NAGAR-583131, HARAPANAHALLI TOWN, VIJAYANAGAR DIST.

SMT. G. SUJATHA, W/O GUNDI MANJUNATHA, AGED ABOUT 40YEARS, OCC: AGRICULTURE, R/O: VALMIKI NAGARA -583131, HARAPANAHALLI TOWN, VIJAYANAGAR DIST.

…PETITIONERS

(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)

AND:

ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (ARCS), HARAPANAHALLI SUB-DIVISION, NEAR I.B.CIRCLE, HOSAPETE ROAD, HARAPANAHALLI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

THE RETURNING OFFICER, MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ELECTIONS, BY NAME SRI. G.S. SURENDRA, CO-OPERATIVE DEVELOPMENT OFFICER OF SIRUGUPPA. IN-CHARGE OF HARAPANAHALLI, DEPARTMENT OF CO-OPERATION, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HOSPET ROAD, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. REP BY ITS CHIEF EXECUTIVE OFFICER, BY NAME SRI. BASAVARAJ

SRI UDDARA RANGAPPA S/O. SRI DURUGAPPA, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, R/O KURUBARAGERI-583131, HARAPANAHALLI TOWN.

SRI GATINA BASAVARAJA S/O. SRI DURUGAPPA,

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AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O VALMIKI NAGAR, 8^TH WARD, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI K. MAHABOOB BASHA S/O. LATE. K. SHEIK HUSSAIN, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O SHILARAGERI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI KALLIBAVI SHAFIULLAH S/O. SRI RIZWAN, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/O GUNDINAKERI-583131 HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI H. DEVENDRAPPA S/O. SRI JUNZAPPA, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O: SANDURAGERI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SMT. B. UMAMAHESHWARI W/O. SRI SHANKAR. K.S., AGED ABOUT 54, OCC: AGRICULTURE, R/O: JOYEESARA KERI, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

10.SMT. JOGINA JAYASHREE W/O SRI. JOGINA BHARATESH, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O: SANDURUGERI-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ,VIJAYANAGAR DIST.

SRI NALBANDI NISARA S/O. SRI CHAMAN SAB, AGED ABOUT 33 YEARS, OCC: AGRICULTURE, R/O: BANAGERE-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI HALEBEDARA NAGARAJAPPA S/O SRI DODDA KENCHAPPA, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: HULLUGARADIKERI-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

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SRI DADAPEER. D. S/O SRI LATE. ISMAIL SAB, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O: CHITTARAGERI-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SMT. M. SUMANGALA W/O. SRI VENKATESHA, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: TELUGARA ONI, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI M.V. KRISHNAKANTH S/O. SRI TUMUNAPPA, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O: ARASIKERE ROAD, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI GIDDALLI NAGARAJA S/O. SRI SANNA DYAMAPPA, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, R/O: VALMIKI NAGAR, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI THM MANJUNATHA S/O. LATE. SRI THM VIRUPAKSHAIAH, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/O: SUNAGARAGERI, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST.

SRI DANDINA HARISHA S/O. SRI RAJAGOPALA, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O MATADAKERI, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. …RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. G.V. BHARAMAGOUD, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO, QUASH THE ORDER DATED 07.01.2025 PASSED IN ELECTION PETITION

5 - NC: 2025:KHC-D:296 WP No. 100105 of 2025

NO.Sa.Ni/HRP/Section-70/CR-05/2024-25 BY THE RESPONDENT NO.1, PRODUCED AT ANNEXURE-A AND ETC.,

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioner is before this Court calling in question an order dated 07.01.2025, by which, the Interlocutory Application of the petitioners to stall the elections to the posts of President and Vice President of the third respondent comes to be rejected.

Heard the learned counsel for petitioners and

learned HCGP for the respondent-State.

It transpires that the petitioners are before the concerned Court calling in question the elections held to the third respondent-Society and the matter is pending consideration. There was no interim order granted of stay of further proceedings. Therefore, the calendar of events is now notified by the Returning Officer for the purpose of conduct of elections to the posts of President and Vice

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President of the Society. It is then the petitioners move the application that was filed along with the petition seeking stay of further proceedings. The concerned Court rejects the prayer for any interim relief on the score that the calendar of events had already been notified for the purpose of conduct of election of President and Vice President.

I do not find any warrant to interfere with the reasons so rendered by the concerned Court though the order does not inspire the confidence insofar as the rendering of reasons is concerned. The order is cryptic but issue is that the calendar of events have already been notified. Therefore, all proceedings that would be taken pursuant to the filing of Election Petition shall remain subject to the result of Election Petition including the election to the posts of President and Vice President.

All the contentions are left to be urged by the

petitioners before the concerned Court. The proceedings before the first respondent be concluded in terms of the

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mandate and statute without brooking any further delay

than what is prescribed under the statute.

Ordered accordingly.

In view of the aforesaid reasons, the petition

stands disposed.

Sd/(M.NAGAPRASANNA)

JUDGE

NAA/VP LIST NO.: 2 SL NO.: 6