Karnataka High Court
Sri. Mahadeva H.B vs State Of Karnataka on 13 February, 2024
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NC: 2024:KHC:6180
WP No. 4541 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 4541 OF 2024 (CS-EL/M)
BETWEEN:
1. SRI MAHADEVA H.B,
SON OF BASAVARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT MANDYA TALUK,
KASABA HOBLI, HALASAGERE,
HANAKERE MANDYA - 571404.
2. SRI JAYARAMU H K,
SON OF LATE KEMPASETTY,
AGED ABOUT 47 YEARS,
RESIDING AT MANDYA TALUK,
KASABA HOBLI, HALASAGERE,
HANAKERE MANDYA - 571404.
Digitally
signed by C
HONNUR ...PETITIONERS
SAB
Location: (BY SRI SHREERAM TIMMAPPA NAYAK, ADVOCATE)
HIGH COURT
OF AND:
KARNATAKA
1. STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
VIKASA SOUDHA, BANGALORE - 560 001.
2. THE CO-OPERATIVE ELECTION COMMISSIONER,
3RD FLOOR, SHANTHINAGAR TTMC A BLOCK,
K H ROAD, SHANTHINAGAR,
BANGALORE - 560 027.
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WP No. 4541 of 2024
3. THE DISTRICT REGISTRAR OF CO-OPERATIVE
SOCIETY, BEHIND SIDDARTHA THEATER,
R P ROAD, MANDYA - 571 401.
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETY, MANDYA DIVISION, MANDYA,
MANDYA DISTRICT - 571 434.
5. THE RETURNING OFFICER,
HANAKERE MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD., MANDYA TALUK,
MANDYA DISTRICT - 571 403.
6. THE HANAKERE MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD., HANAKERE VILLAGE,
MANDYA TALUK, MANDYA DISTRICT - 571 404,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
(REGISTERED UNDER CO OPERATIVE
SOCIETIES ACT 1950).
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)
DIRECTING THE R2 TO 6 TO INCLUDE THE NAMES OF THE
PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE
PETITIONERS TO CONTEST IN THE ELECTION TO THE R6
WHICH IS SCHEDULED ON 22/02/2024 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY THE COURT MADE THE FOLLOWING:
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WP No. 4541 of 2024
ORDER
1. Heard Sri.Shreeram Thimmappa Nayak, the
learned counsel appearing for the petitioners and
Sri.Sidharth Baburao, the learned Government Advocate
appearing for respondents No.1, 3, 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 in
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 as under Section 70(2)(c) of
the Karnataka Co-operative Societies Act, 1959 (for short
'the Act of 1959').
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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
GVP
