Karnataka High Court
C S Purushothama Gowda vs State Of Karnataka on 2 February, 2024
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NC: 2024:KHC:4739
WP No. 3398 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 3398 OF 2024 (CS-EL/M)
BETWEEN:
C S PURUSHOTHAMA GOWDA,
S/O C D SATHYANARAYANA GOWDA,
AGED ABOUT 49 YEARS,
MEMBERSHIP NO.41,
CHANNADEVI AGRAHARA MILK PRODUCERS
CO-OP.SOCIETY LTD.,
R/AT CHANNADEVI AGRAHARA,
MADURE HOBLI, DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561 023.
...PETITIONER
(BY SRI ANIL KUMAR R, ADVOCATE)
AND:
Digitally
signed by 1. STATE OF KARNATAKA
PRAMILA G V DEPT OF CO-OPERATION
Location: M S BUILDING, DR B R AMBEDKAR VEEDHI,
HIGH COURT BENGALURU - 560 001,
OF REP BY ITS PRINCIPAL SECRETARY.
KARNATAKA
2. STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, TTMC, A BLOCK
SHANTHINAGAR, BENGALURU - 560 027,
REP BY ITS SECRETARY.
3. CHENNADEVI AGRAHARA MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
A SOCIETY REGD. UNDER KARNATAKA
CO-OPERATIVE SOCIETIES ACT 1959,
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NC: 2024:KHC:4739
WP No. 3398 of 2024
CHANNADEVI AGRAHARA, MADURAI HOBLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561 023,
REP. BY ITS CHIEF EXECUTIVE OFFICER,
(SOCIETY REGISTERED UNDER THE SOCIETY
REGISTRATION ACT 1956).
4. RETURNING OFFICER,
CHENNADEVI AGRAHARA MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
CHANNADEVI AGRAHARA, MADURAI HOBLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561023.
5. DISTRICT ELECTION OFFICER AND DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES
BANGALORE RURAL DISTRICT,
BANGALORE - 560002.
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTION AGAINST THE R2 TO 5 TO INCLUDE THE NAME OF
THE PETITIONER IN THE FINAL VOTERS LIST AND PERMIT THE
PETITIONER TO CAST HIS VOTE AND CONTEST THE
ELECTIONS IN THE ELECTION OF THE R3 SOCIETY WHICH IS
SCHEDULED TO BE HELD ON 11.2.24 OR IN THE ALTERNATIVE
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 3398 of 2024
ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1, 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 petitioner 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
NC: 2024:KHC:4739
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
GVP
