Karnataka High Court
Sangappa S/O Nagappa ... vs The State Of Karnataka on 11 October, 2023
Bench: Sachin Shankar Magadum
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WP No. 105886 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. 105886 OF 2023 (CS-EL/M)
BETWEEN:
SANGAPPA S/O. NAGAPPA YADAVANNAVAR,
AGE: 80 YEARS, CHAIRMAN,
PRIMARY AGRICULTURE CREDIT
CO-OPERATIVE SOCIETY,
DUMMAWAD, TQ: KALAGHATAGI,
REPRESENTED BY ITS SECRETARY,
TQ: KALAGHATAGI, DIST: DHARWAD.
...PETITIONER
(BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S. BUILDING,
AMBEDKAR VEEDHI, BENGALURU-560 001.
MOHANKUMAR
B SHELAR
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
Digitally signed REPRESENTED BY ITS COMMISSIONER,
3RD FLOOR, SHANTI NAGAR,
by
MOHANKUMAR
B SHELAR
TTMC 'A' BLOCK, BENGALURU-560 027.
3. THE DISTRICT ELECTION OFFICER AND
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY,
DHARWAD, TQ: DIST: DHARWAD-580001.
4. JOINT DIRECTOR CO-OPERATIVE SOCIETY
AND MANAGING DIRECTOR,
KCC BANK LIMITED, DHARWAD-580001.
5. THE DEPUTY COMMISSIONER AND
CHIEF ELECTION OFFICER, DHARWAD-580001.
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WP No. 105886 of 2023
6. THE RETURNING OFFICER,
KARNATAKA CENTRAL CO-OPERATIVE
CREDIT BANK LIMITED, DHARWAD,
AND ASSISTANT COMMISSIONER DHARWAD,
SUB-DIVISION DHARWAD, DHARWAD-580001.
7. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE
SOCIETY, DUMMAWAD,
TQ: KALAGHATAGI,
REPRESENTED BY ITS SECRETARY,
TQ: KALAGHATAGI, DIST: DHARWAD-581204.
...RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR R1 & R5; SRI R.H. ANGADI, ADV.
FOR R4;)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED FINAL LIST OF
ELIGIBLE VOTERS AND THE FINAL LIST OF IN-ELIGIBLE VOTERS
DATED. 14.09.2023 ISSUED BY THE 4TH RESPONDENT VIDE
ANNEXURE-A AND A1 IN THE INTEREST OF JUSTICE AND EQUITY;
CONSEQUENTLY, ISSUE WRIT IN THE NATURE OF MANDAMUS TO
DIRECT THE RESPONDENTS TO PREPARE FRESH VOTERS LIST BY
INCLUDING THE PETITIONER/SOCIETY IN THE LIST OF ELIGIBLE
VOTERS AND TO PERMIT THE PETITIONER HEREIN TO PARTICIPATE,
CONTEST AND CAST THEIR VOTES IN THE ELECTION TO THE 4TH
RESPONDENT/BANK TO BE HELD ON 30.09.2023 AS PER THE
CALENDAR OF EVENTS ISSUED BY THE 4TH RESPONDENT VIDE
ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 105886 of 2023
ORDER
The learned counsel appearing for the petitioner
submits before this 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. However, learned counsel appearing
for respondent No.2 seriously disputes the proposition laid
down by Co-ordinate Bench of this Court in
W.P.No.8502/2022 C/W W.P.No.8477/2022. He would
contend that the petitioner's society which is primary
society has become defunct and therefore, no indulgence
has been granted in the present case on hand and if
petitioner is aggrieved, he has to file election dispute and
cannot ventilate his grievance by knocking the doors of
the writ Court. I am not inclined to accede to the
argument advanced by the counsel appearing for
respondent No.2. Prima-facie this Court would find that
respondents have violated the mandatory procedure
prescribed under Rule 13-D (2A) of the Karnataka Co-
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WP No. 105886 of 2023
operative Societies Rule, 1960. The said issue has been
exhaustively dealt by the Co-ordinate Bench of this Court
in the reported judgment.
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
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. 105886 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 petitioners is identical, I am of the view
that the writ petition deserves to be disposed of in terms of
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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
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
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open for consideration in the appropriate
proceedings if commenced.
iii) The impleading applicants are at liberty to avail
appropriate remedy available to them.
Accordingly, impeading application is disposed of.
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
YAN
