Karnataka High Court
Prakash Ambi S/O Appasab Ambi vs The State Of Karnataka on 16 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:8938
WP No. 104772 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104772 OF 2023 (CS-EL/M)
BETWEEN:
PRAKASH AMBI S/O. APPASAB AMBI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: 1516/1, NEAR BUS STAND, BEDKIHAL,
TALUKA: CHIKKODI, DISTRICT: BELAGAVI-591201.
...PETITIONER
(BY SRI SRINIVAS B. NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO -OPERATION,
M.S. BUILDING, BENGALURU-580001.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, A BLOCK SHANTI NAGAR,
YASHAVANT
NARAYANKAR TTMC BUILDING, BENGALURU-560002,
REPRESENTED BY ITS COMMISSIONER.
Digitally signed by
YASHAVANT
NARAYANKAR
Location: DHARWAD
Date: 2023.08.18
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
17:44:30 -0700
BELAGAVI, REGION BELAGAVI AND THE ELECTION
OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA IOF
OPERATION OF ALL TYPES OF PRIMARY OF CO -
OPERATIVE SOCIETIES,
TALUK: BELAGAVI, DIST: BELAGAVI,
PIN: 590001.
4. THE RETURNING OFFICER,
THE PRATHAMIKA KRUSHI PATTINA SAHAKLARA SANGHA
NIYAMIT, BEDKIHAL,
TALUKA: NIPPANI -591 201.
DIST: BELAGAVI.
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WP No. 104772 of 2023
5. THE PRATHAMIKA KRISHI PATTINA SAHAKARA SANGHA
NIYAMIT, BEDKIHAL,
TALUKA: NIPPANI, DISTRICT: BELAGAVI.
REPRESENTED BY CHIEF EXECUTIVE OFFICER-591201.
...RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 AND R3; NOTICE
TO R4 AND R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
APPROPRIATE NATURE TO MANDAMUS DIRECTING THE
RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONER IN THE
FINAL ELIGIBLE BORROWER VOTER LIST AND TO PERMIT THE
PETITIONER TO CONTEST AND CAST THE VOTE IN THE ELECTION TO
THE COMMITTEE OF MANAGEMENT OF THE 5TH RESPONDENT
SOCIETY SCHEDULE TO BE HELD ON 13/08/2023 AS PER THE
CALENDAR OF EVENTS DATED. 12/07/2023 PUBLISHED BY THE 4TH
RESPONDENT VIDE ANNEXURE-A IN SO FAR PETITIONER
CONCERNED BY ALLOWING THIS WRIT PETITION IN THE INTEREST
OF JUSTICE; TO ISSUE WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE 4TH RESPONDENT TO DECLARE THE ELECTION
RESULTS OF THE 5TH RESPONDENT SOCIETY AFTER COMPLETION OF
THE ELECTION PROCESS IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the petitioner and
the learned AGA would fairly submit before the Court that
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WP No. 104772 of 2023
the relief sought in the instant petition does not survive for
consideration and is squarely covered by the judgment
rendered by the Co-ordinate Bench of this Court in
W.P.No.8502/2022 C/W W.P.No.8477/2022.
2. The Co-ordinate Bench of this Court while
disposing of WP No.8502/2022 along with WP No.8477/2022
at paragraph 10 and 12 has observed as follows:
"10. These provisions do not leave any room
for doubt that an excluded member, with the
publication of the Draft Eligible Electoral List, must
have an opportunity by way of an individual notice
to file objections on exclusion from the Electoral
List. It must be shown that the concerned Chief
Executive has prepared and sent notice to the
affected members. The Public Notice dated
8.11.2021 does not meet these requirements. In
fact, it is admitted on behalf of the respondents
that there are deficiencies in the preparation of the
Final Electoral Roll after the publication of the Draft
Eligible Electoral List, and the petitioners have not
been issued with individual notices.
12. It follows from this decision that the
adjudication of all questions must be as provided
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WP No. 104772 of 2023
under Section 70(2) of the Co-operative Societies
Act. However, in the present case the respondents
admit that there are deficiencies in finalization of
Final Electoral List. The petitioners are admittedly
not issued with individual notice as required under
the provisions of Rule 13-D (2-A) of the Co-
operative Societies Rules; the petitioners have now
cast their votes in the elections on 23.04.2022; the
petitioners are not given the opportunity to show
cause against the allegations that they have
created documents. The respondents, despite
admitting deficiencies in finalisation of the Final
Electoral List, want to invoke the rule of alternative
remedy. This Court is of the considered view that,
in the pecularities of this case, the writ petitions
should be disposed of with directions to the
concerned respondent to announce results counting
even the votes cast by the petitioners and with
liberty to all the concerned to avail remedy under
Section 70(2) of the Act if aggrieved by the results.
If such remedy is availed raising a dispute,
exclusion of votes of those petitioners who are
guilty of fraud can also be considered based on the
material that will be placed on record."
3. Since the petition is identically placed and the
relief sought by the petitioner is identical, I am of the view
that the writ petition deserves to be disposed of in terms of
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WP No. 104772 of 2023
the order passed by the Co-ordinate Bench of this Court in
WP No.8502/2022 along with WP No.8477/2022 disposed of
on 07.06.2022 and accordingly the following:
ORDER
i. Writ petition is disposed of in terms of the order
passed by the Coordinate Bench of this Court in
WP No.8502/2022 along with WP No.8477/2022
disposed of on 07.06.2022 and the returning
officer is directed to announce the results of the
elections that were held to the post of Board of
members of the respondent-Society forthwith,
including the votes casted by the petitioner in
the petition.
ii. The petitioner as well as the concerned who are
aggrieved by the results so announced are at
liberty to avail the remedy under Section 70(2)
of the Act of 1959. All contentions urged in these
writ petition by the parties concerned are left
open for consideration in the appropriate
proceedings if commenced.
iii. In view of disposal of the writ petition, pending
interlocutory applications, if any, do not survive
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WP No. 104772 of 2023
for consideration and are disposed of
accordingly.
Sd/-
JUDGE
NBM
