Karnataka High Court
The Administrator vs The State Of Karnataka on 14 October, 2022
Bench: S.Sunil Dutt Yadav, Umesh M Adiga
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WA No. 100424 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT APPEAL NO. 100424 OF 2022 (GM-KSR)
BETWEEN:
1. THE ADMINISTRATOR
SHRI NEELAKANTESHWAR VIDYAVARDHAK SAMSTHE
TIPPIMATH, BILLUR GALLI, BAILHONGAL
DIST. BELAGAVI 591202
BY SHRI RAVINDRA B. PATIL
ADMINSTRATOR OF THE SAID SOCIEITY
2. SHRI. NEELAKANTESHWAR VIDYAVARDHAK SAMSTHE
TIPPIMATH, BILLUR GALLI, BAILHONGAL,
DISTRICT-BELAGAVI, PIN CODE-591102.
BY ITS PEETHADIPATI
SHRI. PRABHU NEELAKANTA SWAMIJI
AGE:30 YEARS, OCC:PEETHADIPATI OF SAID SOCIETY.
...APPELLANTS
(BY SRI. JAYAKUMAR S PATIL, SR. COUNSEL FOR SRI. SANJAY S
KATAGERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by J REPRESENTED BY ITS UNDER SECRETARY
MAMATHA
Location: High Court DEPARTMENT OF CO OPERATION
of Karnataka, Dharwad M.S.BUILDING, BENGALURU
Bench Dharwad.
Date: 2022.10.17
11:24:27 +0530
PIN CODE-560001
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION
M.S. BUILDING, BENGALURU
PIN CODE-560001.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITES
SAHAKAR BHAVAN, IN FRONT OF KHB HERITAGE
JAKKERI HONDA, NEAR RAILWAY STATION,
KHANAPUR ROAD, BELAGAVI, PIN CODE-590005.
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WA No. 100424 of 2022
4. THE ELECTION OFFICER
SRI. NEELAKATESHWAR VIDYAVARDHAK SAMSTHE
TIPPIMATH, BILLUR GALLI, BAILHONGAL,
DISTRICT-BELAGAVI, PIN CODE-591102.
5. SHRI. ANANT RAMCHANDRA GONABAI
AGE:55 YEARS, OCC:PRIVATE BUSINESS,
R/O 320, SHRAMASIDDI, BUDA SCHEME 51,
LAXMI TAKKADI, BELAGAVI,
PIN CODE-590009.
6. SHRI. VISHWANATH S/O VIRUPAXAPPA DESHNUR
AGE:44 YEARS, OCC:BUSINESS,
R/O VIDYANAGAR, BAILHONGAL,
DISTRICT-BELAGAVI, PIN CODE-591102.
7. SHRI. SHANMUKAPPA S/O BASAPPA SIDDANAGOUDAR
AGE:82 YEARS, OCC:AGRICULTURE,
R/O HOSUR, TALUKA-SAUNDATTI,
DISTRICT-BELAGAVI, PIN CODE-591111
8. SHRI. BASAVARAJ S/O SHRISHALLAPPA MOOGI
AGE:60 YEARS, OCC:AGRICULTURE,
R/O MOOGI GALLI, BAILHONGAL, DISTRICT-BELAGAVI
PIN CODE-591102.
9. SHRI. NAGAPPA S/O MALLAPPA MAKI
AGE:85 YEARS, OCC:AGRICULTURE,
R/O HOSUR, TALUKA-SAUNDATTI
DISTRICT-BELAGAVI, PIN CODE-591111
10. SHRI. SURAJ S/O CHANDRASHEKHAR SADHUNAVAR
AGE:34 YEARS, OCC:BUSINESS
R/O AMATOOR, TALUKA:BAILHONGAL,
DISTRICT:BELAGAVI, PIN CODE-591102
11. SHASHIKANT S/O SHANMUKHAPPA SIDNAL
AGE:55 YEARS, OCC:BUSINESS,
R/O ANJANEYA NAGAR, M.M. EXTENSION
MAHANTESH NAGAR, BELAGAVI-590016.
12. SHRI. RAMANAGOUDA S/O MAHADEVAPPPA
MUDIGOUDAR, AGE:66 YEARS, OCC:TALUKA &
DISTRICT:DHARWAD, PIN CODE-580201.
13. MAHANTESH S/O SHANKARGOUDA MUDIGOUDAR
AGE:49 YEARS, OCC:AGRICULTURE,
R/O KABBENUR, TQ:DIST:DHARWAD-580201.
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WA No. 100424 of 2022
14. SHRI. SRIKANT S/O MARUTHI PATADAR
AGE:52 YEARS, OCC:AGRICLTURE,
R/O MURAGOD, TALUKA SAVADATTI
PIN CODE-591119.
15. SRI. VIJAY S/O SRISHAIL BOLANNAVAR
AGE;30 YEARS, OCC:PRIVATE BUSINESS
R/O VIDYANAGAR, BAILHONGAL-591102
DISTRICT-BELAGAVI
16. SRI. VIRUPAXAGOUDA S/O MALLANAGOUDA PATIL
AGE:73 YEARS, OCC:PENSIONER
R/O BHOVI GALLI, DHARWAD
TQ & DIST-DHARWAD-580001
17. SRI. MADIVALAPPA S/O FAKKIRAPPA VAKKUND
AGE:80 YEARS, OCC:AGRICULTURE
R/O HOSUR-591111, TALUKA-SAUNDATTI,
DIST_BELAGAVI
18. SRI. SHIVAPUTRAPPA S/O SHIVABASAPPA
BALEKUNDARAGI
AGE:67 YEARS, OCC:AGRICULTURE,
R/O HOSUR-59111,TALUKA-SAUNDATTI,
DIST:BELAGAVI
19. SRI. CHINNAPPA S/O BASAPPA HUMBI
AGE:84 YEARS, OCC:AGRICULTURE,
R/O HOSURE-591111
TALUKA-SAUNDATTI, DIST:BELAGAVI
20. SRI. BEERANNA S/O GOVINDRAO NAYAK
AGE:69 YEARS, OCC:PENSIONER
R/O PLOT NO.11, YAMUNA BUILDING, AADARSH COLONY
VISHWESHWARAYYA NAGAR, BELAGAVI-590019.
21. SRI. SRISHAIL S/O GANGAPPA BOLANNAVAR
AGE:62 YEARS, OCC:PRIVATE BUSINESS,
R/O VIDHYANAGAR, BAILHONGAL-591102.
DISTRICT-BELAGAVI.
22. SRI. VEERANAIK S/O SHIVANAIK PATIL
AGE:63 YEARS, OCC:AGRICULTURE,
R/O YARADAL-591102,TALUK-BAILHONGAL,
DISTRICT-BELAGAVI.
23 SRI. YALLAPPA S/O MARATHANDAPPA DALAVAYI
AGE:74 YEARS, OCC:PENSIONER,
R/O SHIVANAND BHARATHI NAGAR, BAILHONGAR-
591102, DISTRICT-BELAGAVI.
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WA No. 100424 of 2022
24. SRI. VEERANAGOUDA S/O GOUDAPPA PATIL
AGE:74 YEARS, OCC:AGRICULTURE,
R/O CHIVATAGUNDI-591102,
TALUKA-BAILHONGAL, DISTRICT-BELAGAVI.
25. SRI. MALLANAGOUDA S/O BASANAGOUDA PATIL
AGE:62 YEARS, OCC:PRIVATE BUSINESS,
R/O HUDED GALLI, BAILHONGAL-591102,
TALUKA-BAILHONGAL, DISTRICT-BELAGAVI.
26. SRI. CHANNAPPA S/O YALLAPPA BUDIHAL
AGE:65 YEARS, OCC:BUSINESS,
R/O HOSURE-591102, TALUKA-SAUNDATTI,
DISTRICT-BELAGAVI.
27. SRI. NEELAKANT S/O BALAPPA NOOROLLI
AGE:41 YEARS, OCC:BUSINESS,
R/O KADROLI, TALUK;KITTUR,
DISTRICT-BELAGAVI-591153.
28. SHRI. JAGADEESH S/O SHIVAYOGEPPA SIDNAL
AGE:65 YEARS, OCC:AGRICULTURE,
R/O SAMPAGAVI, TALUKA-BAILHONGAL,
DISTRICT-BELAGAVI-591156.
29. SHRI. DEMANAGOUDA S/O SHIVALINGAPPA PATIL
AGE:71 YEARS, OCC;AGRICULTURE,
R/O CHIKK BAGEWADI, TQ:BAILHONGAL,
DISTRICT-BELAGAVI-591109.
30. SHRI. VEERANAGOUDA S/O ANNASAHEB PATIL
AGE:54 YEARS, OCC:AGRICULTURE,
R/O ANIGOL, TALUKA-BAILHONGAL,
DISTRICT-BELAGAVI-591102.
31. SHRI. RAJASHEKHAR S/O VIRUPAXAPPA SADHUNAVAR
AGE:55 YEARS, OCC:AGRICULTURE,
R/O AMATOOR, TALUKA-BAILHONGAL,
DISTRICT-BELAGAVI-591102.
32. SHRI. UDAYAGOUDA S/O UDAYARAJ KHANNINALKAR
AGE:60 YEARS, OCC:AGRICULTURE,
R/O BHAGAWAN, CHAWL, BAILHONGAL,
DISTRICT-BELAGAVI, PIN CODE-591102.
33. SHRI. SIDDALINGAPPA S/O SIDDAPPA SHIRAVANTHI
AGE:55 YEARS, OCC:AGRICULTURE,
R/O MARADI GALLI, BAILHONGAL,
DISTRICT-BELAGAVI-591102.
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WA No. 100424 of 2022
34. SRI. DHEERAJ S/O CHANDRASHEKAR SADHUNAVAR
AGE:37 YEARS, OCC:BUSINESS,
R/O NEAR KRCES COLLEGE, BELAGAVI ROAD,
BAILHONGAL-591102, DISTRICT-BELAGAVI.
35. SRI. VEERAPPA S/O ANNAPPA MAVINAKOPPA
AGE:63 YEARS, OCC:AGRICULTURE,
R/O VEERAPUR-591118, TALUK-KITTUR,
DISTRICT-BELAGAVI.
36. SRI. VINAY S/O ANKALAPA SAHUKAR
AGE:47 YEARS, OCC:AGRICULTURE,
R/O PLOT NO.140, SADHUNVAR ESTATE,
2ND PHASE, OPP:UAS, DHARWAD-580011.
37. SRI. GIRISH S/O KAREPPAGOUDA PATIL
AGE:48 YEARS, OCC:BUSINESS,
R/O SALAHALLI-591130, TALUKA-RAMADURGA
DISTRICT-BELAGAVI.
38. SRI. SANGAPPA S/O MALLAPPA NIGADI
AGE:59 YEARS, OCC:ARICULTURE,
R/O PLOT NO.40, SADHUNAVAR ESTATE,
2ND PHASE, OPP:UAS, DHARWAD-580011.
39. SRI. DINESH S/O KASHINATH MOTAGI
AGE:47 YEARS, OCC:BUSINESS,
R/O KANTHI GALLI, BAILHONGAL-591102,
DISTRICT-BELAGAVI.
40. SRI. UMESH S/O CHANNAPPA BORAKANAVAR
AGE:34 YEARS, OCC;AGRICULTURE,
R/O KITTUR RANI CHANNAMMA NAGAR, 3RD CROSS,
BAILHONGAL-591102,DISTRICT-BELAGAVI.
...RESPONDENTS
(BY SRI.PRAVEEN K UPPAR, HCGP FOR R1 TO R4)
(BY SRI. SANKET M YANAGI, ADV. FOR R5 TO R40)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THAT THE IMPUGNED ORDER DATED
12-10-2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.104090/2022 IN GRANTING INTERIM PRAYER TO RESPONDENTS
NO. 5 TO 40 HEREIN BY PERMITTING THEM AS LIFE MEMBERS TO
PARTICIPATE AND CONTEST IN THE ELECTION AS SCHEDULED ON
20-10-2022 TO THE SAID SOCIETY AS PER ANNEXURE-R BE KINDLY
SET ASIDE BY ALLOWING THIS WRIT APPEAL AND CONSEQUENTLY
REJECTING THE SAID INTERIM PRAYER AS SOUGHT BY THE
RESPONDENTS NO.5 TO 40 HEREIN PETITIONERS IN THE WRIT
PETITION.
WA No. 100424 of 2022
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUNIL DUTT YADAV J., DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal has been filed by the Administrator
and Peetadipathi of Sri. Neelakanteshwar Vidyavardhaka
Samsthe calling in question the correctness of the order of the
learned Single Judge in WP No.104090/2022 in the nature of
interim order, whereby the learned Single Judge has permitted
46 newly enrolled members to participate and contest in the
election scheduled to be conducted on 20.10.2022.
2. It is submitted by learned Senior Counsel appearing
on behalf of the appellants that eligibility of the members, who
have been permitted to participate and contest in the election is
precisely a question to be adjudicated in the writ petition before
the learned Single Judge and passing of order permitting them
to contest and vote in the election will have the effect of
disposing off the writ petition itself. Further, it is submitted
that the interim order whereby right to contest and participate
in the election, if given effect, would result in irreversible
consequence.
WA No. 100424 of 2022
3. After hearing the matter for sometime, both
contesting parties i.e., appellants and private respondents have
made a request that the learned Single Judge may be directed
to dispose off the writ petition expeditiously and till then
election process could be deferred for a limited period of time.
It is further submitted by both sides that WP No.103622/2022
is also be be directed to be disposed off wherein the question of
validity of appointment of Administrator is challenged. It is also
submitted that in the event the appointment of Administrator is
set-aside, the question of holding the election would not arise.
4. Taking note of the submissions of both sides, it
must be noted that the grievance of the petitioners in the writ
petition also relates to correctness of the voters list. If elections
are to be held, adjudication as regards to the correctness of the
voters' list is a matter that would be pre-condition for holding
the election that would be the only interpretation to be placed
for holding of the election. If that were to be so, the
adjudication of the correctness or otherwise of the validity of
the voters' list has to be completed prior to notification of
calendar of events. It is also to be noticed that the question of
appointment of administrators which is challenged requires also
WA No. 100424 of 2022
to be decided prior to any decision being taken for holding of
election. Accordingly, writ appeal is disposed off by setting
aside the impugned order of the learned Single Judge observing
that the directions made herein are to be taken note of.
5. Needless to state that in the light of directions
passed, Annexure-T i.e. steps taken pursuant thereto are set-
aside. It is also clarified that interference is being made so as
to ensure that the election is conducted as per requisite
procedure and as per law and such direction issued to hold the
election as per law despite calendar of events being published
would be permissible. A copy of this order be furnished to the
learned HCGP for appropriate communication.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
