Sri Krishna vs The State Of Karnataka
2024 Latest Caselaw 4067 Kant

Karnataka High Court

Sri Krishna vs The State Of Karnataka on 9 February, 2024

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                                                      NC: 2024:KHC:5582
                                                    WP No. 4009 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                       BEFORE
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                     WRIT PETITION NO. 4009 OF 2024 (CS-EL/M)
              BETWEEN:

                    SRI. KRISHNA,
                    S/O LATE BOMMAIAH,
                    AGED ABOUT 46 YEARS,
                    R/AT GANJAM VILLAGE,
                    SRIRANGAPATNA TALUK,
                    MANDYA DISTRICT - 571 438.
                                                           ...PETITIONER
              (BY SRI. SWAMY M.M., ADVOCATE)

              AND:

              1.    THE STATE OF KARNATAKA,
                    REPRESENTED BY ITS SECRETARY,
                    DEPARTMENT OF CO-OPERATION
Digitally
signed by           M.S. BUILDING,
PRAMILA G V         VIDHANA VEEDHI,
Location:
HIGH COURT          BENGALURU - 560 001.
OF
KARNATAKA
              2.    THE GANJAM MILK PRODUCERS
                    CO-OPERATIVE SOCIETY LTD.,
                    GANJAM VILLAGE,
                    SRIRANGAPATNA TALUK,
                    MANDYA DISTRICT - 571 438,
                    REP. BY ITS SECRETARY,
                    REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT.
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                                                 NC: 2024:KHC:5582
                                              WP No. 4009 of 2024




3.   THE RETURNING OFFICER,
     THE GANJAM MILK PRODUCERS,
     CO-OPERATIVE SOCIETY LTD.,
     GANJAM VILLAGE,
     SRIRANGAPATNA TALUK,
     MANDYA DISTRICT - 571 438
                                                  ...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, ADVOCATE)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTION AND
DECLARE THAT THE INSTRUCTIONS NO. 14 OF THE NOTICE
DATED 28/01/2024 ISSUED BY THE R3 VIDE ANNEXURE-F IS
ILLEGAL AND UNCONSTITUTIONAL AND ETC.

      THIS        PETITION,   COMING     ON     FOR   PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                               ORDER

1. Learned Government Advocate accepts notice on

behalf of respondents No.1 and 3.

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

NC: 2024:KHC:5582

Karnataka and others, the Writ Petition is not maintainable

as the petition is filed after publication of calendar of events.

3. The petitioner if aggrieved, is at liberty to challenge

the election results as under Section 70(2)(c) of the Karnataka

Co-operative Societies Act, 1959 (for short 'the Act of 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 disposed of.

Sd/-

JUDGE

TIN

CT:SNN