Karnataka High Court
Vasantha Kumari vs The State Of Karnataka on 1 February, 2024
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WP No. 3123 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. 3123 OF 2024 (CS-EL/M)
BETWEEN:
1. VASANTHA KUMARI,
W/O NAGESH,
AGED ABOUT 51 YEARS,
SHARE NO.3
2. RENUKA
W/O RAJU
AGED ABOUT 51 YEARS,
SHARE NO.17
3. SHANTHAMMA
W/O MADEGOWDA
AGED ABOUT 63 YEARS
SHARE NO.50
Digitally
signed by
PRAMILA G V 4. KUMARI
Location: W/O MAGEGOWDA
HIGH COURT
OF AGED ABOUT 53 YEARS,
KARNATAKA SHARE NO.50
5. MANGALAGOWRI H V
W/O MANJUNATH H.N.
AGED ABOUT 43 YEARS
SHARE NO.74
6. SHOBA
W/O VISHAKANTEGOWDA
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AGED ABOUT 49 YEARS
SHARE NO.77
7. SAROJAMMA
W/O LATE BASVARAJU
AGED ABOUT 53 YEARS,
SHARE NO.80
8. NANDINI J
W/O H.N.LOKESH
AGED ABOUT 46 YEARS,
SHARE NO.82
9. PREMA
W/O MAHADEVU
AGED ABOUT 54 YEARS,
SHARE NO.85
10. MAHALAKSHMI
W/O DEVARAJU H.N.
AGED ABOUT 59 YEARS,
SHARE NO.94
11. NARASAMMA
W/O ANKEGOWDA
AGED ABOUT 49 YEARS
SHARE NO.102
12. THAYAMMA
W/O EERAPPA
AGED ABOUT 48 YEARS
SHARE NO.118
13. SUSHEELA
W/O NAGARAJU,
AGED ABOUT 68 YEARS,
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SHARE NO.121
14. SARASWATHI
W/O SHIVANNA
AGED ABOUT 48 YEARS
SHARE NO.71
15. NAGAMMA
W/O SANNEGOWDA,
AGED ABOUT 73 YEARS,
SHARE NO.69
ALL ARE MEMBERS OF
HONGANAHALLI MILK PRODUCERS
WOMEN CO-OPERATIVE SOCIETY LTD.,
HONGANAHALLI, SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.
...PETITIONERS
(BY SRI. N. KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 01
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES
ALSO THE ELECTION OFFICER
MANDYA
MANDYA DISTRICT - 571 401.
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WP No. 3123 of 2024
3. THE HONGANAHALLI MILK PRODUCERS
WOMEN CO-OPERATIVE SOCIETY LTD.,
HONGANAHALLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438,
REPRESENTED BY ITS SECRETARY,
REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT.
4. THE CO-OPERATIVE ELECTION COMMISSION
NGO COLONY,
WILSON GARDEN,
BENGALURU - 560 027
REPRESENTED BY ITS SECRETARY.
5. K.M. ANANDANAYAKA,
RETURNING OFFICER,
THE HONGANAHALLI MILK PRODUCERS
WOMEN CO-OPERATIVE SOCIETY LTD.,
HONGANAHALLI, SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R2, R4 AND R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
SECTION 20(a-iv) (a-v) THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE
COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE
CONSTITUTION OF INDIA AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 3123 of 2024
ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1, 2, 4 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.
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.
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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
