Karnataka High Court
Sangamesh S/O Mallappa Koujalagi vs The State Of Karnataka on 17 July, 2023
Bench: S.Vishwajith Shetty
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WP No. 105843 of 2022
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. 105843 OF 2022 (CS-EL/M)
BETWEEN:
1. SANGAMESH S/O MALLAPPA KOUJALAGI,
AGE. 37 YEARS, OCC. AGRICULTURE/
ADVOCATE, R/O. JAMAKHANDI-587301,
TQ. JAMAKHANDI, DIST. BAGALKOT.
SL. NO.705
2. PARAPPA S/O SIDRAY HANCHANAL
AGE. 52 YEARS, OCC. AGRICULTURE,
R/O. CHIKKAPADASALGI, JAMAKHANDI,
TQ. JAMAKHANDI, DIST. BAGALKOT,
KARNATAKA-587301.
SL. NO.602
Digitally ... PETITIONERS
signed by
VISHAL
VISHAL NINGAPPA (BY SRI. PRASHANT S KADADEVAR, ADVOCATE)
NINGAPPA PATTIHAL
PATTIHAL Date:
2023.07.19
11:37:30
+0530 AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION
M.S BUILDING BENGALURU - 01.
2. THE STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, T.T.M.C., 'A' BLOCK,
SHANTI NAGAR, BENGALURU - 560 027.
REP. BY ITS SECRETARY
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3. THE DISTRICT ELECTION OFFICER / DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES,
BAGALKOT, DIST: BAGALKOT - 587101.
4. THE RETURNING OFFICER
RANI CHANNAMMA VIVIDHODDESH
SAHAKAR SANGHA N., JAMKHANDI,
NEAR DESAI CIRCLE, MAIGUR ROAD,
JAMKHANDI-587 301
TQ: JAMKHANDI, DIST: BAGALKOT.
5. THE CHIEF EXECUTIVE OFFICER,
RANI CHANNAMMA VIVIDHODDESH
SAHAKAR SANGHA N., JAMKHANDI,
NEAR DESAI CIRCLE, MAIGUR ROAD,
JAMKHANDI-587 301,TQ: JAMKHANDI,
DIST: BAGALKOT.
... RESPONDENTS
(BY SRI. VINAYAK S KULKARNI, AGA FOR R1 & R2;
SRI. MRUTYUNJAYA S HALLIKERI, ADVOCATE FOR R3 & R4;
R5 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 DECLARE THAT
SECTION 20(2) (A-IV) THE KARNATAKA CO-OPERATIVE
SOCITIES ACT IS ULTRA VIRES AND LEGISLATIVE
COMPETENCE AND ARTICLE 243ZI AN 243ZO IF THE
CONSTITUTION OF INDIA & ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, 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.
3. On the strength of the interim orders passed by
this Court, petitioners herein have contested/cast their
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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.
5. Learned AGA who is appearing for the
respondent-State has not disputed the submission made
on behalf of the petitioners. Under these circumstances,
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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 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
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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
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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."
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
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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 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
