Karnataka High Court
B Swaroopchandra vs The State Of Karnataka on 1 February, 2024
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NC: 2024:KHC:4428
WP No. 3082 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. 3082 OF 2024 (CS-EL/M)
BETWEEN:
1. B. SWAROOPCHANDRA,
S/O BASAVEGOWDA,
AGED ABOUT 42 YEARS,
SHARE NO.304.
2. B. BASAVEGOWDA,
S/O BASAVEGOWDA,
AGED ABOUT 50 YEARS,
SHARE NO.12
3. PUTTASWAMY GOWDA,
S/O CHIKKAHYDEGOWDA,
AGED ABOUT 58 YEARS,
Digitally SHARE NO.55
signed by
PRAMILA G V
4. JAVARAYI GOWDA
Location:
HIGH COURT S/O KODLEGOWDA @ KALEGOWDA
OF AGED ABOUT 58 YEARS
KARNATAKA SHARE NO.138
5. MAHESH K.R.,
S/O M. RAMANNA,
AGED ABOUT 48 YEARS,
SHARE NO.18
THE PETITIONERS ARE THE
MEMBER AND VOTERS OF
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WP No. 3082 of 2024
MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD, KARAKAHALLI,
MADDUR TALUK,
MANDYA DISTRICT - 571 422
AND RESIDING AT IN THE SAME ADDRESS.
...PETITIONERS
(BY SRI. H.K. KENCHEGOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001,
REPRESENTED BY ITS SECRETARY.
2. THE STATE CO-OPERATIVE
ELECTION COMMISSION,
3RD FLOOR, T.T.M.C. 'A' BLOCK,
SHANTHI NAGAR, K.H. ROAD,
BANGALORE - 560 027,
REPRESENTED BY ITS COMMISSIONER.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
IN KARNATAKA,
NO.1, ALI ASKAR ROAD,
BENGALURU - 560 001.
4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER
AND DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES,
MANDYA DISTRICT - 571 401.
5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES,
MANDYA SUB-DIVISION,
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WP No. 3082 of 2024
MANDYA,
MANDYA DISTRICT - 571 434.
6. THE RETURNING OFFICER,
THE MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD.,
KARAKAHALLI, MADDUR TALUK,
MANDYA DISTRICT - 571 422.
7. THE MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD.,
KARAKAHALLI MADDUR TALUK,
MANDYA DISTRICT - 571 422,
REGISTERED UNDER THE PROVISIONS OF THE
KARNATAKA CO-OPERATIVE SOCIETIES ACT.
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3,
R4, R5 AND R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE
INELIGIBLE VOTERS LIST AND THE LIST OF MEMBERS WHO
SUPPLIED THE MILK MORE THAN 180 DAYS IN THE YEAR 2022-
23 PREPARED BY THE R7-SOCIETY FOR THE ENSUING
ELECTION TO THE BOARD OF DIRECTORS OF THE R7-SOCIETY
FOR THE PERIOD 2024-29 PRODUCED AT ANNEXURE-B AND C
RESPECTIVELY BY ISSUING A WRIT OR CERTIORARI AS
ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 3082 of 2024
ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1, 3 to 6.
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.
NC: 2024:KHC:4428
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
CT:SNN
