Karnataka High Court
Smt. Manjula vs The State Of Karnataka on 1 February, 2024
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NC: 2024:KHC:4426
WP No. 3105 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. 3105 OF 2024 (CS-EL/M)
BETWEEN:
1. SMT. MANJULA,
W/O GOPALA
AGED ABOUT 37 YEARS,
MEMBER SHIP CODE NO. 5029
2. SRI. SRIRAMAREDDY K.N.,
S/O NARAYANASWAMY,
AGED ABOUT 44 YEARS,
MEMBERSHIP CODE NO. 5026.
3. SRI. ARUN KUMAR K.G.,
S/O GOPALAKRISHNAPPA,
AGED ABOUT 38 YEARS,
MEMBERSHIP CODE NO. 5035.
Digitally 4. SMT. LALITHA N.,
signed by W/O GANGAREDDY G.,
PRAMILA G V AGED ABOUT 42 YEARS,
Location: MEMBERSHIP CODE NO. 5032.
HIGH COURT
OF ALL ARE MEMBERS OF KEMPADENAHALLI
KARNATAKA
MILK PRODUCERS,
CO-OPERATIVE SOCIETIES UNION LTD.,
KEMPADENAHALLI VILLAGE,
BOMMEKALLU POST,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT - 563 128.
...PETITIONERS
(BY SRI. VENKATESHA T.S., ADVOCATE)
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NC: 2024:KHC:4426
WP No. 3105 of 2024
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE STATE CO-OPERATIVE ELECTION AUTHRIOTY
3RD FLOOR, SHANTHINAGARA,
TTMC, A BLOCK,
KH ROAD, SHANTINAGAR,
BANGALORE - 560 027,
REPRESENTED BY ITS CHIEF EX-OFFICER.
3. THE DEPUTY REGISTRAR CO-OPERAIVE SOCIETY
UNION LTD.,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 563 125.
4. KEMPADENAHALLI MILK PRODUCERS CO-OPERATIVE
SOCIETIES UNION LTD.,
REGISTER UNDER KARNATAKA
CO-OPERATIVE SOCIETIES ACT-1959
KEMPADENAHALLI VILLAGE
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT - 563 125,
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,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT - 563 125.
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 TO R5)
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WP No. 3105 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONDUCT THE ELECTIONS TO THE R4
SOCIETY BY INCLUDING THE NAME OF THE PETITIONERS IN
THE ELIGIBLE VOTERS LIST AND PERMIT THEM TO VOTE IN
THE ELECTIONS OF R4 SOCIETY AS PER CALENDAR OF EVENTS
DATED:12.01.2024 VIDE ANNEXURE-P ISSUED BY R5 AND
ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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.
NC: 2024:KHC:4426
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.
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
