Farooqe Ahmed Iqbal Ahmed Balekundri Vs the State of Karnataka

¶1

1 - NC: 2025:KHC-D:15068 WP No. 100783 of 2025

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE

¶4

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100783 OF 2025 (CS-EL/M)

¶5

BETWEEN:

¶6

FAROOQE AHMED IQBAL AHMED BALEKUNDRI, AGE. 44 YEARS, R/O NO. 147, CHAVAN PLOT, HALIYAL , DIST. UTTARA KANNADA – 581 329.

¶7

…PETITIONER

¶8

(BY SRI. J. S. SHETTY, ADVOCATE)

¶9

AND:

¶10

THE STATE OF KARNATAKA, DEPT OF CO-OPERATIVE SOCIETIES, M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.

¶11

VISHAL NINGAPPA PATTIHAL

¶12

Digitally signed by VISHALNINGAPPA PATTIHAL Location: High Court ofKarnataka Dharwad Bench Date: 2025.11.07 11:53:39 +0530

¶13

THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, AND ELECTION OFFICER, ELECTION AUTHORITY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, BENGALOORU – 560 002.

¶14

THE ELECTION AUTHORITY, BY ITS COMMISSIONER, 3^RD FLOOR, A- BLOCK, TTMC BUILDING, SHANTI NAGAR, BENGALURU – 560 002.

¶15

THE CO-OPERATIVE DEVELOPMENT OFFICER ANKOLA, DIST. UTTARA KANNADA – 581 314.

¶16

THE RETURNING OFFICER, TAMEER CO-OPERATIVE CREDIT SOCIETY LIMITED,

¶17

ANKOLA, DIST. UTTARA KANNADA – 581 314.

¶18

2 -

¶19

NC: 2025:KHC-D:15068 WP No. 100783 of 2025

¶20

HC-KAR

¶21

CHIEF EXECUTIVE OFFICER, TAMEER CO-OPERATIVE CREDIT SOCIETY LIMITED , ANKOLA, DIST. UTTARA KANNADA – 581 314.

¶22

TAMEER CO-OPERATIVE CREDIT SOCIETY LIMITED, ANKOLA, DIST. UTTARA KANNADA – 581 314, BY ITS MANAGING DIRECTOR.

¶23

…RESPONDENTS

¶24

(BY SRI. RAMESH CHIGARI, AGA FOR R1, R3; SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2 & R4; SRI. N.V.YAJI, ADVOCATE FOR R6; R5 - SERVED)

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE LIST OF THE INELIGIBLE VOTERS LIST FOR THE ELECTION TO HELD ON 16-2-2025, FOR THE MANAGING COMMITTEE OF THE SEVENTH RESPONDENT SOCIETY, AS PUBLISHED SEVENTH RESPONDENT THE CHIEF EXECUTIVE OFFICER OF THE SEVENTH RESPONDENT SOCIETY, IN SO AS IT RELATES TO MENTIONING OF THE NAME OF THE PETITIONER AT SL. NO.7431, THE COPY OF THE RELEVANT EXTRACT OF THE SAME HAS BEEN PRODUCED HEREWITH AT ANNEXURE A, THE LIST OF THE ELIGIBLE VOTERS FOR THE ELECTION TO HELD ON 16-2-2025, FOR THE MANAGING COMMITTEE OF THE SEVENTH RESPONDENT SOCIETY, AS PUBLISHED BY THE SIXTH RESPONDENT- THE CHIEF EXECUTIVE OFFICER OF THE SEVENTH RESPONDENT SOCIETY, IN SO AS IT RELATES TO NOT MENTIONING OF THE NAME OF THE PETITIONER IS , THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE B, AND ALSO THE NOTICE ISSUED BY THE SIXTH RESPONDENT, SIXTH RESPONDENT DATED 11-12025, WITH PETITIONERS MEMBERS NUMBER 11154, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE C AND ETC.

¶26

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

¶27

3 -

¶28

NC: 2025:KHC-D:15068 WP No. 100783 of 2025

¶29

HC-KAR

¶30

ORAL ORDER

¶31

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

¶32

The petitioner was before this Court seeking the following

¶33

prayer.

¶34

“A. Issue a writ of certiorari to quash the list of the ineligible voters list for the election to held on 16-22025, for the Managing Committee of the seventh respondent society, as published seventh respondent the Chief Executive officer of the seventh respondent society, in so as it relates to mentioning of the name of the petitioner at SL. No.7431, the copy of the relevant extract of the same has been produced herewith at Annexure A, the list of the eligible voters for the election to held on 16-2-2025, for the Managing Committee of the seventh respondent society, as published by the sixth respondent- the Chief Executive officer of the seventh respondent society, in so as it relates to not mentioning of the name of the petitioner is , the copy of which has been produced herewith at Annexure B, and also the notice issued by the sixth respondent, sixth respondent dated 11-1-2025, with petitioners members number 11154, the copy of which has been produced herewith and marked as Annexure C.

¶35

B. Further directions may kindly be issued to the respondents, to conduct the election to the committee of management of the respondent no.7 Co-Op Society for the term 2024-25 to 2028-29, for the post of Directors of the Respondent No.7 Society by allowing the petitioners also to participate in the election process by filing the nomination and also to cast his vote, in the interest of justice and equity.

¶36

C. Any other order or direction which this honorable court deems fit to grant in the facts and circumstances of the case, may kingly be granted to the petitioners, by allowing this writ petition with cost throughout, in the ends of justice and equity.”

¶37

4 -

¶38

NC: 2025:KHC-D:15068 WP No. 100783 of 2025

¶39

HC-KAR

¶40

2. Owing to the prayer of the petitioner, this Court on

¶41

07.02.2025 had passed the following order:

¶42

“The petitioners are before this Court seeking a direction to respondents to permit them to cast vote in the ensuing election to the committee of management of the seventh respondent-Society.

¶43

The learned counsel for the petitioners would rely on the interim orders granted by the Coordinate Benches on 18.12.2024 and 04.01.2025.

¶44

Learned AGA would however submit that the Division Bench in terms of its order dated 06.12.2024 has not permitted such an action of contesting of elections.

¶45

Learned counsel appearing for respective parties would submit that to the order passed on 04.01.2025, the order of the Division Bench dated 06.12.2024 was brought to its notice and the order is passed.

¶46

In that light, I deem it appropriate to quote the order passed by the Coordinate Bench on 18.12.2024, the order reads as follows:

¶47

In view of the submission made in respect of office objection at Sl.No.19, the said office objection is overruled.

¶48

In view of the submission made in respect of office objection at Sl.No.27, the said office objection is overruled for the present.

¶49

Learned AGA takes notice for respondent Nos.1 and 3.

¶50

2. Learned counsel Sri G. V. Bharamagouda is

¶51

requested to take notice for respondent Nos.2 and 4.

¶52

3. Issue emergent notice to respondent No.5.

¶53

4. Requisite process fee to be furnished within three

¶54

days.

¶55

5. Learned counsel for the petitioner seeking for

¶56

grant of interim relief submits that out of total number of 299

¶57

5 -

¶58

NC: 2025:KHC-D:15068 WP No. 100783 of 2025

¶59

HC-KAR

¶60

voters, 287 voters have been listed as ineligible voters in terms of Annexure-B to the writ petition. The petitioners are also alleges violation of Rule 13-D(2-A) of the Karnataka Cooperative Societies Rules, 1960 . The petitioner also seeks permission to contest as well as cast his vote.

¶61

6. In view of the aforementioned, the following:

¶62

ORDER

¶63

a) The petitioner is permitted to vote and contest in the election scheduled to be held on 29.12.2024 pursuant to the calendar of events dated 04.12.2024 (Annexure-A to the writ petition).

¶64

b) The votes polled in favour of the petitioner shall be kept in a separate sealed cover and made available to this Court on the next date of hearing.

¶65

c) A direction is issued to the 5th respondent/Society to place on record compliance of Rule 13D(2-A) of the Rules insofar as the petitioner is concerned on the next date of hearing.

¶66

d) The results of the election shall not be announced without the leave of the Court and the same shall be subject to the result of the present writ petition.

¶67

I deem it appropriate to grant the same benefit that is granted to those petitioners, only of voting rights, in those petitions to the petitioners in the subject petition.

¶68

List the matter on 10.02.2025.”

¶69

The direction was sought that he should be permitted

¶70

to cast the vote in the ensuing election. This Court was clear in its order that the Division Bench in such cases had to reverse the order of grant of right to contest and restrict the right to vote. Therefore, this Court directed that the interim order would operate only for the purpose of voting rights. After the grant of

¶71

6 -

¶72

NC: 2025:KHC-D:15068 WP No. 100783 of 2025

¶73

HC-KAR

¶74

the interim order on 07.02.2025, it transpires that the petitioner submitted his nomination, misreading or misquoting the interim order that it had been granted even to contest.

¶75

The nomination is accepted and the petitioner has contested for the election without any interim order being granted by this Court. Therefore, the action of the petitioner in contesting the election on the strength of nothing, as observed herein above, the interim order is only for the purpose of voting. The very contest becomes illegal. Since the elections are now over, the action shall be taken by the Returning Officer bearing

¶76

in mind the observations made in the course of the order and the parties are at liberty to avail of such remedy as is available in law by raising a dispute against the election under Section 70 of the Karnataka Co-operative Societies Act, as is ordered by in all the cases by Co-ordinate Benches of this Court and by this Court.

¶77

Ordered accordingly.

¶78

Sd/(M.NAGAPRASANNA) JUDGE

¶79

RSH/CT-ASC List No.: 1 Sl No.: 9

Farooqe Ahmed Iqbal Ahmed Balekundri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Farooqe Ahmed Iqbal Ahmed Balekundri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shri Mehaboob Hakki Vs the State of Karnataka

Dr Basavaraj R Bagade S/O Late Ramachandrappa Bagade Vs the State of Karnataka

Shri Uday S/O. Tualasidas Bandekar, Vs the State of Karnataka

Smt. Vanita W/O Chandrakanth Badiger Vs Chandrakanth S/O Nagappap Badiger

Shri. Shivashankargouda S/O Timmanagouda Patil Vs the State of Karnataka

Sri Basavaraj S/O Channamallappa Soudatti Vs the Divisional Controller