Karnataka High Court
C Ashwatharayana Gowda vs The Principal Secretary on 2 February, 2024
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NC: 2024:KHC:4738
WP No. 3407 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. 3407 OF 2024 (CS-EL/M)
BETWEEN:
1. C ASHWATHARAYANA GOWDA
AGED ABOUT 43 YEARS,
S/O CHIKKAMARAIAH,
R/AT NO. CHANNADEVI AGRHARA VILLAGE,
KADANURU POST, MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT - 561204.
2. PUTTARAJU,
AGED ABOUT 31 YEARS,
CHIKKAHANUMAIAH,
R/AT CHANNADEVI AGRHARA VILLAGE,
KADANURU POST, MADURE HOBLI,
DODDABALLAPURA TALUK,
Digitally signed BENGALURU RURAL DISTRICT-561204.
by BELUR
RANGADHAMA
NANDINI 3. SMT MUNILAKSHMAMMA,
Location: HIGH AGED ABOUT 58 YEARS,
COURT OF W/O RANGADAMAIAH,
KARNATAKA
R/AT CHANNADEVI AGRHARA VILLAGE,
KADANURU POST, MADURE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561204.
...PETITIONERS
(BY SRI D K SRIRAMAPPA, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
STATE OF KARNATAKA,
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WP No. 3407 of 2024
DEPARTMENT OF CO-OPERATION,
M S BUILDING, BANGALORE - 560001.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTHINAGAR,
BENGALURU - 560 027.
3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,
BEERASANDRA, KUNDAN HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562104.
4. THE CHIEF EXECUTIVE OFFICER,
CHANADEVIAGRAHARA MILK PRODUCERS,
CO OPERATIVE SOCIETY LTD.,
CHANNADEVIAGRAHARA VILLAGE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-562104.
(REGISTERED UNDER KARNATAKA CO OPERATIVE
SOCIETIES ACT 1959).
5. THE RETURNING OFFICER,
CHANNADEVIAGRAHARA MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
CHANNADEVIAGRAHARA VILLAGE,
DODDABLLAPURA TALUK,
BENGALURU RURAL DISTRICT-562104
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3, R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE IN ELIGIBLE VOTERS LIST SO FAR AS PETITIONERS ARE
CONCERNED VIDE ANNEXURE-F DTD NIL ISSUED BY THE R-4
SOCIETY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:4738
WP No. 3407 of 2024
ORDER
1. Learned Government Advocate accepts notice on
behalf of respondents No.1, 3 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
NC: 2024:KHC:4738
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 petitioners to raise all the contentions in the
election dispute after the announcement of election results.
Sd/-
JUDGE
GVP
