Somashekaraiah Vs the State of Karnataka

RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. KARADI, TIPTUR TALUK, TUMKURU DISTRICT-572114 (REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959)

¶184

PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD.

¶185

KARADI, TIPTUR TALUK, TUMKURU DISTRICT-572114 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959)

¶186

…RESPONDENTS (BY SRI. YOGESH B NAIK, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 SERVED)

¶187

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 05.01.2025 AND ETC.

¶188

16 - NC: 2025:KHC:6125 WP No. 35951 of 2024

¶189

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

¶190

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

¶191

ORAL ORDER

¶192

The petitioners are seeking for the following

¶193

prayers:-

¶194

"i) Issue a writ of mandamus directing the respondent No.2 to 5 to include the name of the petitioners to cast their votes in the elections to the respondent No.5 which is scheduled to be held on 05.01.2025 in the interest of justice and equity.

¶195

(ii) Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued."

¶196

This Court by way of an interim arrangement on

¶197

31.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 05.01.2025 subject to final outcome of this petition.

¶198

Heard Sri.Devi Prasad Shetty, learned counsel

¶199

for the petitioner and Sri.Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4 and Sri.T.L.Kiran Kumar,

¶200

17 - NC: 2025:KHC:6125 WP No. 35951 of 2024

¶201

learned counsel for respondent No.2. Respondent No.5 though served with the notice, has chosen to remain absent.

¶202

Counsel for the petitioners submits that the

¶203

election has been held as scheduled on 05.01.2025 and the petitioners have cast their votes.

¶204

Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.

¶205

No material is forthcoming to indicate the

¶206

compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the

¶207

18 - NC: 2025:KHC:6125 WP No. 35951 of 2024

¶208

Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others¹ (H.S.

¶209

Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:

¶210

ORDER

¶211

i. Writ petition is disposed of.

¶212

ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 05.01.2025, if not already announced.

¶213

iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision,

¶214

1 2022 (4) AKR 775

¶215

19 -

¶216

NC: 2025:KHC:6125 WP No. 35951 of 2024

¶217

questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society.

¶218

iv. 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.

¶219

v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the 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 the final orders.

¶220

vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting.

¶221

20 - NC: 2025:KHC:6125 WP No. 35951 of 2024

¶222

vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners.

¶223

Sd/-

¶224

JUSTICE K.S. HEMALEKHA

¶225

SS List No.: 3 Sl No.: 10

Somashekaraiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Somashekaraiah 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

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

P Shankara Vs the State of Karnataka

Maralekere Women Milk Producers Co. Operative Society Ltd. Vs the State of Karnataka

C. R. Suresh Kumar Vs the State of Karnataka

Chethan Hegde C S Vs the State of Karnataka

Sri Mahadeva Swamy Vs the Assitant Registrar of Co-Operative Societies

Holy Family Seva Samsthe Trust (R) Vs Central Board of Secondary Education (Cbse)