Sri. S. Chandrashekar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri. S. Chandrashekar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the writ petition seeking directions to respondent Nos.1 to 5 not to permit respondent Nos.8 to 19 to contest the election for the post of Director of respondent No.6 scheduled on 28.01.2025 is maintainable while the election process is ongoing. +2 more

Court's answer

The writ petition seeking direction to respondent Nos.1 to 5 not to permit respondent Nos.8 to 19 to contest the election is not maintainable as the election process is ongoing.

Ratio / Principle

As per Article 329(b) of the Constitution, courts cannot interfere in electoral matters once the election process has begun; election-related issues are to be addressed through election petitions after declaration of results, judicial intervention during the process being limited except in specific circumstances (N.P. Ponnuswami, (1952) 1 SCC 94, relied on).

Key takeaways

The petitioner has not made out any ineligibility or disqualification of respondent Nos.8 to 19 under the provisions of the Act or Rules, nor any decision of the election authorities violating laws or constitutional provisions, warranting interference by this Court under Article 226 of the Constitution.ratio¶57
If the Enquiry Officer has already been appointed for conducting enquiry under Section 64 of the Karnataka Co-Operative Societies Act, 1959, it is for respondent No.7-Enquiry Officer to take appropriate action.ratio¶57

Detailed headnote1 paragraphs

Single-judge oral order (Hon'ble Mrs Justice K.S. Hemalekha, 23.01.2025) dismissing W.P. No. 1391 of 2025 (CS-EL/M) filed under Articles 226 and 227 of the Constitution by S. Chandrashekar, a director of Sri. Srikantheshwara Multipurpose Co-operative Society Ltd. Prayers: (a) a writ of mandamus directing respondent No.7 (Assistant Registrar of Co-operative Societies and Enquiry Officer, Zone-2) to conclude the enquiry under Section 64 of the Karnataka Co-Operative Societies Act, 1959 and submit the report; and (b) directions to respondent Nos.1 to 5 not to permit respondent Nos.8 to 19 - directors of respondent No.6, Karnataka State Credit Co-operative Societies Federation Ltd., elected on 30.06.2019 and alleged to have committed irregularities, mismanagement and misappropriation of funds - to contest the election for the post of Director scheduled for 28.01.2025. Held: (i) as per Article 329(b) of the Constitution, courts cannot interfere in electoral matters once the election process has begun; election-related issues are addressed through election petitions after declaration of results, judicial intervention during the process being limited except in specific circumstances (N.P. Ponnuswami, (1952) 1 SCC 94, relied on); accordingly the writ petition is not maintainable; (ii) the petitioner made out no ineligibility or disqualification of respondent Nos.8 to 19 under the Act or Rules, nor any decision of the election authorities violating law or constitutional provisions, warranting interference under Article 226; (iii) conduct of the Section 64 enquiry is a matter for respondent No.7-Enquiry Officer to take appropriate action upon. Writ petition dismissed as devoid of merits.

1 - NC: 2025:KHC:2945 WP No. 1391 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1391 OF 2025 (CS-EL/M)

BETWEEN:

SRI. S. CHANDRASHEKAR S/O LATE SHIVANANJAPPA, AGED ABOUT 59 YEARS, THE DIRECTOR OF SRI. SRIKANTESHWARA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., NO.14, VISHWESHWARA BHAVAN, K.R. CIRCLE, MYSURU-570 001.

…PETITIONER

(BY SRI. ANANDA K., ADVOCATE)

AND:

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, AMBEDKAR VEEDI, BENGALURU -560 001

REPRESENTED BY ITS PRINCIPAL SECRETARY.

REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU-560 001.

THE CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, TTMC 'A' BLOCK, SHANTHINAGAR, K.H. ROAD, BENGALURU-560 027. REPRESENTED BY ITS SECRETARY.

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THE ELECTION OFFICER AND REGIONAL COMMISSIONER, BENGALURU DIVISION, 2^ND FLOOR, BMTC BUILDING, K.H. ROAD, SHANTHINAGAR, BENGALURU-560 027.

THE RETURNING OFFICER OF THE KARNATAKA STATE CREDIT CO-OPERATIVE SOCIETIES FEDERATION LTD., BENGALURU, NO.126, 1^ST MAIN ROAD, 2^ND CROSS ROAD, J.B. KAVAL, RAJIV GANDHI NAGARA, NANDINI LAYOUT, BENGALURU-560 096 AND SPECIAL LAND ACQUISITION OFFICER-3, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020.

KARNATAKA STATE CREDIT CO-OPERATIVE SOCIETIES FEDERATION LTD., NO.126 1^ST MAIN ROAD, 3^RD CROSS, J.B. KAVAL, RAJIVGANDHI NAGAR, NANDINI LAYOUT, BENGALURU-560 096 REPRESENTED BY ITS MANAGING DIRECTOR.

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ENQUIRY OFFICER, ZONE-2, BENGALURU URBAN DISTRICT, NO.146, 'SAHAKARA SOUDHA', 2^ND FLOOR, 3^RD MAIN ROAD, 8^TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGLAURU-560 003.

SRI. DHAREPPA M. ALAGOORA, S/O. MAHADEVA, AGED ABOUT 42 YEARS

SRI. HONNAYYA V. HIREMATH, S/O. VEERABHADRAIAH HIREMATH, AGED ABOUT 38 YEARS

SRI. GURUPADAPPAGOWDA B. PATIL, S/O. BASAVEGOWDA, AGED ABOUT 60 YEARS

3 - NC: 2025:KHC:2945 WP No. 1391 of 2025

SRI. RAVINDRA PRAHALAD KALBURGI, S/O. PRAHALAD, AGED ABOUT 64 YEARS

SRI. SHEKARAGOWDA MALI PATIL, S/O. VIRUPAKSHA GOWDA MALI PATIL, AGED ABOUT 66 YEARS

SRI. UMESH SHI BALI, S/O. SHIVAKUMARA BALI, AGED ABOUT 45 YEARS.

DR. SANJAY P HOSAMATH, S/O. PANCHAKSHARI, AGED ABOUT 40 YEARS.

SRI. THAMMANNA BALAPPA KENCHAREDDY, S/O. BALAPPA, AGED ABOUT 42 YEARS.

SRI. CHITTARANJAN BOLAR, S/O. B. RAGHAV, AGED ABOUT 50 YEARS.

SRI. C.M. MAREGOWDA, S/O. LATE MARIYAPPA, AGED ABOUT 48 YEARS.

SRI. K.K. MAHENDRA PRASAD GOWDA, S/O. KAMAIAH, AGED ABOUT 48 YEARS.

SRI. M.J. NARENDRA KUMAR, S/O. JAYARAMEGOWDA, AGED ABOUT 57 YEARS.

THE RESPONDENT NOS.8 TO 19 ARE THE DIRECTORS OF KARNATAKA STATE CREDIT CO-OPERATIVE SOCIETIES FEDERATION LTD., NO.126 1^ST MAIN ROAD, 3^RD CROSS, J.B. KAVAL,

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NC: 2025:KHC:2945 WP No. 1391 of 2025

RAJIVGANDHI NAGAR, NANDINI LAYOUT, BENGALURU-560 096.

…RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R2, R4, R5 AND R7; SRI. T.C. KIRAN KUMAR, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-7 TO CONCLUDE THE ENQUIRY AND SUBMIT THE REPORT AS EARLY AS POSSIBLE AND DIRECT THE R-1 TO 5 NOT TO PERMIT THE R-8 TO 19 TO CONTEST IN THE ELECTION FOR THE POST OF DIRECTOR OF THE R-6 WHICH IS SCHEDULED TO BE HELD ON 28.01.2025 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

Petitioner is seeking for the following prayers:

“WHEREFORE, the petitioner most humbly prays that, this Hon'ble Court be pleased to:

a) Issue a writ of mandamus directing the Respondent No.7 to conclude the enquiry and submit the report as early as possible;

5 - NC: 2025:KHC:2945 WP No. 1391 of 2025

b) Issue a writ of mandamus or direction, directing the Respondent No.1 to 5 not to permit the Respondent No.8 to 19 to contest in the election for the post of Director of the Respondent No.6 which is scheduled to be held on 28.01.2025;

c) And to pass any such other appropriate order that deems fit under the circumstances of the case, in the interest of justice.”

It is submitted by the petitioner that

respondent Nos.8 to 19 were got elected as Directors of

respondent No.6-Society in the election held on 30.06.2019 and during the tenure, they have committed several irregularities, mismanagement and

misappropriation of funds of respondent No.6-society and they are not entitled to contest the post of Director in the election scheduled to be held on 28.01.2025.

As per Article 329(b) of the Constitution, Courts

cannot interfere in the electoral matters since the election process has begun. Issues related to elections are typically addressed through election petitions after the declaration of the results. The writ petition seeking

6 - NC: 2025:KHC:2945 WP No. 1391 of 2025

direction to respondent Nos.1 to 5 not to permit respondent Nos.8 to 19 to contest the election is not maintainable as the election process is ongoing. The Apex Court in the case of N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency and Others¹ (N.P. Ponnuswami) has held that judicial intervention is limited during the election process, except for specific circumstances.

The petitioner neither has made out any ineligibility or disqualification of respondent Nos.8 to 19 under the provisions of the Act or Rules or the decision of the election authorities violating laws or the constitutional provisions for interference of this Court under Article 226 of the Constitution, moreover, if the Enquiry Officer has already been appointed for conducting enquiry under Section 64 of the Karnataka Co-Operative Societies Act, 1959 (‘the KCS Act, 1959’ for short), it is for respondent No.7-Enquiry Officer to take appropriate action, in light of

1 (1952) 1 SCC 94

NC: 2025:KHC:2945 WP No. 1391 of 2025

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the reasons recorded the writ petition is dismissed as

devoid of merits.

Sd/-

JUSTICE K.S. HEMALEKHA

MBM

List No.: 2 Sl No.: 9