Karnataka High Court
Sri. R. Munireddy vs The State Of Karnataka on 1 February, 2024
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WP No. 3070 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 3070 OF 2024 (CS-EL/M)
BETWEEN:
1. SRI. R. MUNIREDDY
S/O. RAMKRISHNAREDDY,
AGED ABOUT 53 YEARS,
SHARE NO.45,
2. SRI. RADAMMA
S/O. RAMKRISHNAREDDY,
AGED ABOUT 72 YEARS,
SHARE NO.46,
3. SMT. RATHNAMMA
W/O. GOVENDAPPA,
AGED ABOUT 71 YEARS,
SHARE NO.49,
Digitally 4. SRI. RAJKUMAR. R
signed by S/O. RAMACHANDRAPPA,
PRAMILA G V AGED ABOUT 53 YEARS,
Location: SHARE NO.52,
HIGH COURT
OF 5. SRI. MOHAN GOWDA
KARNATAKA S/O. R. GOVENDAPPA,
AGED ABOUT 38 YEARS,
SHARE NO.57,
6. SRI. M. SRIRAMREDDY
S/O. MUNINARAYANAPPA,
AGED ABOUT 62 YEARS,
SHARE NO.58,
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WP No. 3070 of 2024
7. SMT. R. PADMAVATHI
W/O. RAMANNA,
AGED ABOUT 57 YEARS,
SHARE NO.79, ,
8. SRI. B. GOPALAPPA
S/O. DODDA BUDELAPPA,
AGED ABOUT 45 YEARS,
SHARE NO.88,
9. SRI. M. DEVARAJ
S/O. MUNIVENKATAPPA,
AGED ABOUT 51 YEARS,
SHARE NO.162,
10. SRI. DEVARAJ. G
S/O. GOPALAPPA,
AGED ABOUT 45 YEARS,
SHARE NO.210,
11. SRI. S. VENKATASHAMAPPA
S/O. SAKAPPA,
AGED ABOUT 71 YEARS,
SHARE NO. 290,
12. SRI. Y. NANJUNDAPPA
S/O. YARRAPPA,
AGED ABOUT 59 YEARS,
SHARE NO. 351,
13. SRI. M. SRINIVAS
S/O. MUNIBIRAPPA,
AGED ABOUT 50 YEARS,
SHARE NO. 381,
14. SRI. R. PRAKASH
S/O. RAMEGOWDA,
AGED ABOUT 42 YEARS,
SHARE NO.384,
15. SMT. DASAMMA
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WP No. 3070 of 2024
W/O. CHOWDAPPA,
AGED ABOUT 77 YEARS,
SHARE NO.397,
16. SRI. N. RAVIKUMAR
S/O. E. NARAYANASWAMY,
AGED ABOUT 48 YEARS,
SHARE NO.412,
17. SMT. RATHNAMMA
W/O. MUNI HANUMANTHA,
AGED ABOUT 48 YEARS,
SHARE NO.423,
18. SRI. E. MUNIKRISHNAPPA
S/O. K. ESHWARAPPA,
AGED ABOUT 59 YEARS,
SHARE NO. 426,
19. SRI. C. PADMA
W/O. M. LOKESH,
AGED ABOUT 38 YEARS,
SHARE NO. 430,
...PETITIONERS
(BY SRI. VENKATESHA T S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, SHANTHINAGARA,
TTMC,
A BLOCK, K.H. ROAD,
SHANTHINAGAR,
BANGALORE-560 027,
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WP No. 3070 of 2024
REPRESENTED BY ITS CHIEF EX-OFFICER.
3. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETY
UNION LTD.,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA-563 125.
4. KEMPADENAHALLI MILK PRODUCERS CO-OPERATIVE
SOCIEITES UNION LTD.,
REGISTER UNDER KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959,
KEMPADENAHALLI VILLAGE,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT-563 128,
BY ITS CHIEF EXECUTIVE OFFICER.
5. THE RETURNING OFFICER/ASSISTANT
COMMISSIONER
OF ALL ARE MEMBERS OF KEMPADENAHALLI MILK
PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD.,
KEMPADENAHALLI VILLAGE,
BOMMEKALLU POST,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT-563 128.
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF
CONSTITUTION OF INDIA, PRAYING TO-SET ASIDE THE
UNDATED LEGIBLE AND INELIGIBLE ELECTORAL LIST IN SO
FAR AS IT RELATES TO PETITIONERS ISSUED BY R4
ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1, 3 and 5.
2. In view of the law declared by the Co-ordinate
Bench of this Court in Mohammad Beary & Others vs. The
State Of Karnataka & Others (Writ Petition
No.29271/2023 & Connected matters) and also the
judgment of this Court in Sri. B Ganganna and others vs.
The State of Karnataka and others
(W.P.No.29014/2023), the Writ Petition is not
maintainable as the petition is filed after publication of
calendar of events.
3. The petitioners if aggrieved, are at liberty to
challenge the election results under Section 70(2)(c) of the
Karnataka Co-operative Societies Act, 1959.
4. This Court has not expressed anything on the
validity of the voters' list based on which the election was
held.
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5. All contentions relating to the validity or
otherwise of the eligibility or ineligibility of the voters' list are
kept open to be decided in a proceeding under Section 70 of
the Act of 1959, if initiated.
6. Accordingly, the Writ Petition is dismissed.
Notwithstanding the dismissal of the Writ Petition, liberty is
reserved to the petitioner to raise all the contentions in the
election dispute after the announcement of election results.
Sd/-
JUDGE
TIN
