Sri B S Shantha Kumar v. the State of Karnataka
Case brief
What is this about?
Nomination rejection in registered society elections; Karnataka State Retired Police Officers' Welfare Association; Karnataka Societies Act 1960; limited scope of Section 25; bye-law 16.3 two-consecutive-terms disqualification; writ maintainability and relegation to civil suit; Section 9 CPC 1908; Returning Officer's duty to pass reasoned order; interim order preserving five posts; damages claim against Returning Officer; co-operative/society election disputes; GM-KSR writs; single judge (B M Shyam Prasad, J.).
What did the court decide?
Writ petitions disposed of on agreed terms: (i) Society permitted to notify elections for the five posts left vacant pursuant to the interim order, with liberty to the petitioners to file nominations; (ii) Returning Officer to pass a reasoned order detailing the consecutive terms of office bearership/Executive Committee membership if any fresh nomination is to be rejected; (iii) any grievance against the Returning Officer's decision to be pursued before the competent civil Court under Section 9 CPC; (iv) liberty to seek appropriate relief, including damages, against the Returning Officer if he fails to furnish reasons.