Karnataka High Court
Manjunath S/O. Shankar Muralli vs The State Of Karnataka on 11 October, 2023
Bench: Sachin Shankar Magadum
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WP No. 105940 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 105940 OF 2023 (CS-EL/M)
BETWEEN:
MANJUNATH S/O. SHANKAR URALLI,
AGE: MAJOR, OCC: MEMBER,
PRIMARY AGRICULTURE CREDIT
CO-OPERATIVE SOCIETY,
R/O: SURASHETTIKOPPA VILLAGE,
KALAGHATAGI TALUK,
DHARWAD DISTRICT-580001.
... PETITIONER
(BY SRI JAGADISH PATIL,
ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATIVE
REPRESENTED BY ITS UNDER
MOHANKUMAR SECRETARY
B SHELAR
VIKAS SOUDHA,
Digitally signed
BENGALURU-560001.
by
MOHANKUMAR
B SHELAR
2. THE KARNATAKA CENTRAL CO-
OPERATIVE BANK LIMITED,
DHARWAD, HEAD OFFICE, HEAD
OFFICE, PB ROAD NO. 21,
SUBHAS ROAD, DHARWAD-580001.
3. THE DELEGATION VERIFICATION
OFFICER,
KARNATAKA CENTRAL
CO-OPERATIVE BANK LIMITED,
DHARWAD, HEAD OFFICE, HEAD
OFFICE, PB ROAD NO. 21, SUBHAS
ROAD, DHARWAD-580001.
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WP No. 105940 of 2023
4. THE RETURNING OFFICER,
KARNATAKA CENTRAL CO-
OPERATIVE BANK LIMITED,
DHARWAD, HEAD OFFICE, HEAD
OFFICE, PB ROAD NO. 21, SUBHAS
ROAD, DHARWAD-580001.
5. THE DISTRICT FEDRAL CO-
OPERATIVE SOCIETIES
ELECTION OFFICER, AND DEPUTY
COMMISSIONER DHARWAD-580001.
6. THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, BEGUR, TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/181.
7. THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, BELVANTAR,
TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/183.
8. THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, DASTIKOPPA,
TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/194.
9. THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, KURANAKOPPA,
TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/170.
10.THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, GALAGI, TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/124.
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WP No. 105940 of 2023
11.THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, MUTAGI, TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/150.
12. THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, BASAVANAKOPPA,
TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/171.
13.THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, MADAKIHONNALLI,
TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/190.
14.THE PRATHAMIKA KRUSHI PATTINA
SAHAKARI SANGHA, NIYAMITA
MAGADI, GIREWAD,
TQ: KALGHATAGI,
DIST: DHARWAD-580001.
SHARE ID NO. 1/171.
...RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR R1;
SRI LAXMAN T. MANTAGANI, ADV. FOR R6 TO R13)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE FINAL SELECTION LIST
DATED 10/08/2023 PREPARED BY THE RESPONDENT NO.5 VIDE
ANNEXURE-D; ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.5 TO CONSIDER THE
REPRESENTATION OF THE PETITIONER DATED 08/09/2023 VIDE
ANNEXURE-C AND PREPARE THE FINAL SELECTION LIST IN
ACCORDANCE WITH LAW.
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WP No. 105940 of 2023
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
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 W.P.
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
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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 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.
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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 petitioners 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
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 petitioners in
the petition. However, since liberty is reserved to
the aggrieved party to file election dispute, the
Returning Officer is directed to maintain those
disputed votes in a separate ballet box as those
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votes would have bearing on the decision of
election petition.
ii) 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
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
for consideration and are disposed of accordingly.
Sd/-
JUDGE
YAN
