Karnataka High Court
Munibyrappa. S vs The State Of Karnataka on 1 February, 2024
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NC: 2024:KHC:4470
WP No. 3071 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. 3071 OF 2024 (CS-EL/M)
BETWEEN:
MUNIBYRAPPA S,
S/O. LATE SONAPPA,
AGED ABOUT 63 YEARS,
R/O. CHANJIMALE VILLAGE AND POST,
KOLAR TALUK, KOLAR DISTRICT - 563 128.
...PETITIONER
(BY SRI Y R SADASHIVA REDDY, SR. COUNSEL A/W
SRI RAHUL S REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI,
Digitally BENGALURU - 560 001,
signed by
PRAMILA G V REP BY ITS PRINCIPAL SECRETARY.
Location: 2. THE STATE CO-OPERATIVE ELECTION COMMISSION
HIGH COURT
OF 3RD FLOOR, SHANTHI NAGAR,
KARNATAKA T.T.M.C. A BLOCK, SHANTHI NAGAR,
BANGALORE-560 027,
REPRESENTED BY ITS SECRETARY.
3. THE RETURNING OFFICER
CHANJIMALE MILK PRODUCERS CO-OPERATIVE
SOCIETIES LTD., KOLAR TALUK,
KOLAR DISTRICT - 563 101.
4. CHANJIMALE MILK PRODUCERS CO-OPERATIVE
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NC: 2024:KHC:4470
WP No. 3071 of 2024
SOCIETIES LTD., KOLAR TALUK,
KOLAR DISTRICT - 563 101,
REPRESENTED BY ITS CEO.
5. SRI DEVARAJA C M,
S/O MUNIYAPPA,
AGED ABOUT 42 YEARS,
CHANJIMALAE, KOLAR TQ AND DISTRICT.
(AMENDED AS PER COURT ORDER DT: 01.02.2024)
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1 AND R3,
SRI DEVI PRASAD SHETTY, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE REJECTION ORDER DTD 29.01.2024 PASSED BY
THE R3 BY REJECTING THE PETITIONERS NOMINATION VIDE
ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1 and 3.
2. An application is filed by the candidate who has
been declared elected.
3. Since this is an election dispute and the declared
candidate is opposing the petition, the application is allowed.
Applicant is allowed to come on record as respondent No.5.
NC: 2024:KHC:4470
4. Learned Senior counsel appearing for the petitioner
would contend that the nomination papers filed by the
petitioner is wrongly rejected on the premise that enquiry
initiated under Section 64 of the Karnataka Co-operative
Societies Act, 1959 is pending.
5. Learned counsel appearing for respondent No.5
would contend that the petitioner is in arrears to the
respondent - Society and as such he is a defaulter and ineligible
to vote and contest in the election. It is also brought to the
notice of this Court that the election results has been
announced.
6. Learned counsel for respondent No.5 would rely on
the judgment of the Division Bench of this Court in Jayamuthu
vs. State Election Commission for Co-operation,
Karnataka State Co-operative Housing Federation and
Others1 would contend that once the election results are
announced, the Writ Petition is not maintainable, the petitioner
has to raise election dispute.
ILR 2018 KAR 3671
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7. Considering the materials on record, this Court is of
the view that remedy for the petitioner is to raise a election
dispute.
8. Hence the following:
ORDER
(i) The Writ Petition is dismissed.
(ii) Liberty is reserved to the petitioner to raise a
election dispute questioning rejection of his
nomination papers. If any such dispute is
raised, the same shall be decided
expeditiously as the issue involved is only
relating to the rejection of the nomination
papers.
(ii) The process shall be completed within three
months from the date of filing of the
presentation of the election petition.
(iii) Respondents in the election petition shall
co-operate for the early disposal of the
election petition.
Sd/-
JUDGE
GVP
