Karnataka High Court
Muttayya S/O Basayya Balikai vs The State Of Karnataka on 30 August, 2023
Bench: Sachin Shankar Byssmj
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WP No. 105224 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 105224 OF 2023 (CS-EL/M)
BETWEEN:
MUTTAYYA S/O. BASAYYA BALIKAI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: POST KODAGANUR,
TQ: GAJENDRAGAD,
DIST: GADAG- 582114.
...PETITIONER
(BY SRI JAGADISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BENGALURU-06.
2. THE COOPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTINAGAR TTMC,
MOHANKUMAR 'A' BLOCK, KENGAL HANUMANTHAIAH ROAD,
B SHELAR
SHANTI NAGAR, BENGALURU-560027.
Digitally signed by
MOHANKUMAR B SHELAR
Location: DHARWAD
Date: 2023.09.02 13:53:12 -
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
0700
ALI ASKER ROAD, NEAR RAJ BHAVAN,
VASANTH NAGAR, BENGALURU-560052.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,
AND DISTRICT CO-OPERATIVE ELECTION OFFICER,
TQ: GADAG, DIST: GADAG-590009.
5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES,
MINI VIDHAN SOUDHA,
TQ: AND DIST: GADAG-582101.
6. PRATHAMIK KRUSHI PATTIN SAHAKAR
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SANGH NIYAMIT, RAMPUR,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
R/O: RAMPUR, TQ: GAJENDRAGAD,
DIST: GADAG-582114.
7. SHRI N.B. KANOJ,
THE RETURNING OFFICER,
PRATHAMIK KRUSHI PATTIN
SAHAKAR SANGH NIYAMIT KUNTOJI,
AND VILLAGE ACCOUNTANT,
MUGALI, R/O: POST: MUGALI,
TQ: RON, DIST: GADAG-582209.
8. SHIVANAPPA S/O. LALAPPA NAYAK,
AGED ABOUT 55 YEARS, OCC: AGRICULTURE,
R/O: HIREKOPPA, POST: RAMAPUR,
TQ: GAJENDRAGAD, DIST: GADAG.
9. RAMAJANSAB S/O. MATRUSAB MYAGERI,
AGED ABOUT 49 YEARS, OCC: AGRICULTURE,
R/O: RAMAPUR,
TQ: GAJENDRAGAD, DIST: GADAG.
10. ISHAPPA S/O. PANDAPPA RATHOD,
AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O: VEERAPURA, POST: CHILAZARI,
TQ: GAJENDRAGAD, DIST: GADAG.
11. BERAPPA S/O. YALLAPPA GHORPADE,
AGED ABOUT 62 YEARS, OCC: AGRICULTURE,
R/O: VEERAPURA, POST: CHILAZARI,
TQ: GAJENDRAGAD, DIST: GADAG.
12. YAMANOORSAB S/O. FAKIRASAB NADAF,
AGED ABOUT 48 YEARS, OCC: AGRICULTURE,
R/O: KODAGANOOR, POST: CHILAZARI,
TQ: GAJENDRAGAD, DIST: GADAG.
13. BASAPPA S/O. FAKIRAPPA MANGALUR,
AGED ABOUT 55 YEARS, OCC: AGRICULTURE,
R/O: BEERAPUR,
TQ: GAJENDRAGAD, DIST: GADAG.
...RESPONDENTS
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WP No. 105224 of 2023
(BY SRI P.N. HATTI, HCGP FOR R1, R3, R4 AND R5; SRI S.B. PATIL,
ADV. FOR R6; SRI MAHANTESH C. KOTTURSHETTAR AND SMT.
VIDYAVATHI K.M., ADV. FOR IMPLEADING R8 TO R13)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
NATURE OF CERTIORARI QUASHING THE CALENDAR OF EVENTS
DATED 07/08/2023 PUBLISHED BY THE 7TH RESPONDENT VIDE
ANNEXURE-C WITH RESPECT TO THE PETITIONER IN THE INTEREST
OF JUSTICE AND EQUITY; ISSUE A WRIT IN OR SUCH APPROPRIATE
DECLARATION STATING THAT THE VOTERS LIST DATED 07/08/2023
VIDE ANNEXURE-D PUBLISHED BY THE 7TH RESPONDENT AS NULL
AND VOID INSO FAR AS PETITIONER CONCERNED IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
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
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 W.P.No.8502/2022 along with WP
No.8477/2022 at paragraph 10 and 12 has observed as
follows:
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"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
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
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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 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
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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) Learned HCGP is directed to communicate this
order orally to the concerned Returning Officer.
iv) In view of disposal of the writ petition, pending
interlocutory applications, if any, do not survive
for consideration and are disposed of
accordingly.
Sd/-
JUDGE
AM
