Karnataka High Court
Parashram M Chougule S/O Mallu ... vs The State Of Karnataka on 17 July, 2023
Bench: S.Vishwajith Shetty
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WP No. 104048 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 104048 OF 2023 (CS-EL/M)
BETWEEN:
1. PARASHRAM M CHOUGULE S/O MALLU CHOUGULE
AGED ABOUT 58 YEARS,
SL. NO. 37
2. RAMESH M KOLKAR S/O MARUTI KOLKAR
AGED ABOUT 38 YEARS,
SL. NO. 257
3. NANDKUKUMAR M NITTURKAR S/O MALLER
NITTURKAR
AGED ABOUT 47 YEARS,
SL NO.85
VISHAL 4. SHIVAJI B PATIL S/O BABU PATIL
NINGAPPA AGED ABOUT 50 YEARS,
PATTIHAL SL NO. 74
Digitally signed by
VISHAL NINGAPPA OCC. AGRICULTURIST,
PATTIHAL
Date: 2023.07.19
R/O. GARLGUNJI,
11:55:41 +0530 TALUK KHANAPUR 591302,
DISTRICT. BELAGAVI.
... PETITIONERS
(BY SRI. PRAVEEN PRABHAKAR TARIKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETRY, DEPT. OF CO-OPERATION,
M S BUILDING, BENGALURU 01.
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2. DISTRICT ELECTION OFFICER & THE DEPUTY
REGISTRAR OF CO-OP SOCIETIES OF BELAGAVI &
CHIKODI SUB DIVISION, PRIMARY CO-OP SOCIETIES
(BELOW TALUK LEVEL) BELAGAVI DISTRICT.
3. CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTINAGAR, TTMC,
A BLOCK, SHANTINAGAR,
BENGALURU-560027,
REP. BY ITS SECRETARY.
4. THE CO-OPERATIVE DEVELOPMENT OFFICER,
KHANAPUR, TALUK 591302, DIST. BELAGAVI.
5. THE RETURNING OFFICER,
THE GARLGUNJI PARTHAMIK KRISHI
PATTINA SASHAKARI SANGH LTD.,
GARLGUNJI, BELAGAVI DISTRICT 591302.
6. THE GARLGUNJI PARTHAMIK KRISHNI PATTIN
SAHAKARI SANGH LTD., GARLGUNJI 591302,
BELAGAVI DISTRICT, BY ITS SECRETARY
... RESPONDENTS
(BY SRI. VINAYAK S KULKARNI, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL
INELIGIBLE VOTERS LIST OF FOR LOANEE AND NON LOANEE
MEMBERS ISSUED BY RESPONDENT NO.4 MARKED AT
ANNEXURE-B & C IN SO FAR AS PETITIONERS NO. 1 TO 4 ARE
CONCERNED & ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners in this writ petition have challenged
the validity of the eligible and ineligible voters list
published by the Election Officer and also have made
prayer to include their names in the final voters list that
was published by respondent-Society for the election to
the Board of members of the respondent-Society.
2. The grievance of the petitioners in this writ
petition is that, the competent authority before publishing
the eligible and ineligible voters list, had not complied the
mandatory requirements of Rule 13-D(2-A) of the
Karnataka Co-operative Societies (Amendment) Rules,
2013 (for short, 'the Amendment Rules of 2013') and had
granted interim order permitting the petitioners to contest
as well as to cast their votes in the election that was held
to the post of Board of Members of the respondent-
Society.
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3. On the strength of the interim orders passed by
this Court, petitioners herein have contested/cast their
votes in the election that was held for the post of Board of
Members of the respondent-Society.
4. Learned counsel for the petitioners jointly
submit that in almost identical circumstances, the Co-
ordinate Bench of this Court in W.P. No.8502/2022 along
with W.P. No.8477/2022 vide order dated 07.06.2022
considering the fact that the petitioners have got
efficacious remedy under Section 70 of the Karnataka Co-
operative Societies Act, 1959 (for short, 'the Act of 1959)
disposed of the writ petitions, directing the concerned
respondents to announce results of the election, counting
even the votes cast by the petitioners with liberty to the
petitioners or to the concerned to avail the remedy under
Section 70(2) of the Act of 1959, if aggrieved by the
results. They submit that even this writ petition may be
disposed of in terms of the said order.
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5. Learned AGA who is appearing for the
respondent-State has not disputed the submission made
on behalf of the petitioners. Under these circumstances,
without expressing any opinion on the merits of the case,
taking into consideration the order passed by the
Coordinate Bench of this Court in W.P. No.8502/2022
along with W.P. No.8477/2022 dated 07.06.2022, even
this writ petition is required to be disposed of in terms of
the order passed in the said writ petition. The Co-ordinate
Bench of this Court taking into consideration the various
statutory provisions governing the subject and also taking
into consideration the judgment of the Hon'ble Supreme
Court in the case of Shri Sant Sadguru Janardan
Swami (Moingiri Maharaj) Sahakari Dugha Utpadak
Sanstha and Another Vs.State of Maharashtra and
others reported in (2001) 8 SCC 509, while disposing of
W.P. No.8502/2022 along with W.P. No.8477/2022 at
paragraphs 10 and 12 has observed as follows:
"10. These provisions do not leave any room
for doubt that an excluded member, with the
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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 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
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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."
6. Under the circumstances, even this writ petition
is disposed of in terms of the order passed by the Co-
ordinate Bench of this Court in W.P. No.8502/2022 along
with W.P. No.8477/2022 disposed of on 07.06.2022 and
accordingly the following:
ORDER
Writ petition is disposed of in terms of the order
passed by the Co-ordinate Bench of this Court in W.P.
No.8502/2022 along with W.P. 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
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post of Board of Members of the respondent-Society
forthwith, including the votes cast by the petitioners.
The petitioners 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 this petition by the parties
concerned are left open for consideration in the
appropriate proceedings if commenced.
Sd/-
JUDGE
Rsh/Ct:Bck
