Sri. R. M. Manjunath Gowda vs The District Election Officer
2022 Latest Caselaw 11234 Kant

                           1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 1ST DAY OF AUGUST, 2022

                       PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

         WRIT APPEAL NO.394/2022(CS-EL/M)

BETWEEN:

SRI R.M. MANJUNATH GOWDA
S/O RAMAPPA GOWDA
AGED ABOUT 62 YEARS
R/O KARAKUCCHI POST
SHIRIGERE TQ, SHIMOGGA
DIST SHIMOGGA - 577 211.                  ...APPELLANT

(BY SRI JAYA KUMAR S. PATIL, SR. COUNSEL FOR
    SRI VARUN PATIL, ADV.)

AND:

1.     THE DISTRICT ELECTION OFFICER
       SHIMOGA DISTRICT, SHIMOGA
       ALSO JOINT REGISTRAR OF
       COOPERATIVE SOCIETIES BANGALORE
       DIVISION, SAHAKARA SOUDHA
       MALLEWHARAM, BANGALORE.

2.     THE STATE CO-OPERATIVE
       ELECTION AUTHORITY
       3RD FLOOR, SHANTHI NAGAR
       T.T.M.C. .'A' BLOCK
       SHANTHI NAGAR
       BANGALORE - 560 027
       REPRESENTED BY ITS SECRETARY.
                           2
3.    THE TALUK AGRICULTURAL
      PRODUCE CO-OPERATIVE
      MARKETING SOCIETY LTD
      BALRAJ URS ROAD, SHIMOGA
      SHIMOGA DISTRICT
      REPRESENTED BY ITS CEO.

4.    THE RETURNING OFFICER/
      THE TAHSILDAR
      THE TALUK AGRICULTURAL PRODUCE
      CO-OPERATIVE MARKETING SOCIETY LTD
      SHIMOGA DISTRICT.

5.    SRI K. CHANDRASHEKAR
      S/O SHIVAPPA
      MAJOR
      R/AT KAITINAKOPPA SUGURU POST
      SHIMOGGA TALUK.                     ...RESPONDENTS

(BY SRI J. SATHISH KUMAR, A.G.A. FOR R-1 & R-4;
    SRI T.L. KIRAN KUMAR, ADV., FOR R-2;
    R-3 & R-5 SERVED)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL AND GRANT THE PRAYERS MADE BY THE APPELLANT
IN W.P. NO. 8872/2022 DATED 26.04.2022.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:

                    JUDGMENT

This intra court appeal has been filed against the

order dated 26.04.2022 passed by the learned Single

Judge, by which the learned Single Judge has declined to

stay the order passed by the Returning Officer, by which

the nomination of the appellant for the post of Director in

respondent no.3-The Taluk Agricultural Produce Co-

operative Marketing Society Ltd., has been rejected.

2. We have heard the learned Counsel for the

parties.

3. The Division Bench of this Court, by order dated

28.04.2022 while entertaining this appeal, has granted

an ad interim order which has been continued. It is also

stated at the bar that the writ petition is posted before

the learned Single Judge for hearing today.

4. In the facts and circumstances of the case, we

are inclined to dispose of this appeal with a request to

the learned Single Judge to expeditiously decide the writ

petition preferred by the appellant. During the pendency

of the writ petition, the interim order granted by the

Division Bench of this Court vide order dated 28.04.2022

shall continue. It is made clear that this Court has not

expressed any opinion with regard to the merits of the

claim of the parties.

5. Accordingly, the writ appeal is disposed of.

Pending applications do not survive for consideration and

are accordingly disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

KK