Karnataka High Court
Sri Nagaraju D vs State Of Karnataka on 13 February, 2024
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NC: 2024:KHC:6014
WP No 4470 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 4470 OF 2024 (CS-EL/M)
BETWEEN:
SRI NAGARAJU D.,
S/O DODDAHUCHAIAH,
AGED ABOUT 41 YEARS,
MEMBER SHIP NO. 146,
RESIDING AT BANAGAHALLY,
AMBADAHALLI POST,
CHANNAPATTANA TALUK,
RAMANAGARA DISTRICT - 562 138.
...PETITIONER
(BY SRI. B.M. LOKESH ADVOCATE)
AND:
1 STATE OF KARNATAKA,
REP BY ITS PRINCIPLE SECRETARY,
Digitally CO-OPERATIVE SOCIETIES DEPARTMENT,
signed by C 3RD FLOOR M S BUILDING,
HONNUR BENGALURU - 560 001.
SAB
Location: 2 THE STATE CO-OPERATIVE ELECTION,
HIGH COURT
OF COMMISSION/ AUTHORITY,
KARNATAKA 3RD FLOOR TTMC BUILDING 'A' BLOCK,
SHANTINAGARA,
BENGALURU - 560 027.
REP BY ITS SECRETARY.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
ALI OSCAR ROAD,
BENGALURU - 560 001.
4 DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES,
/DISTRICT ELECTION OFFICER,
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WP No 4470 of 2024
RAMANAGARA DISTRICT,
NO 404 3 RD FLOOR,
DISTRICT OFFICES COMPLEX,
B.M. ROAD,
RAMANAGARA DISTRICT - 562 160.
5 ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES,
RAMANAGARA SUB-DIVISION/DISTRICT,
RAMANAGARA - 562 160.
6 THE CO-OPERATIVE DEVELOPMENT OFFICER,
CHANNAPATTANA TALUK,
CHANNAPATTANA TOWN,
RAMANAGARA DISTRICT - 562 160.
7 RETURNING OFFICER,
BANAGAHALLI MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD.,
BANAGAHALLI VIRUPAKSHIPURA HOBLI,
CHANNAPATTANA TALUK,
RAMANAGARA DISTRICT - 562 138.
8 BANAGAHALLI MILK PRODUCERS,
CO-OPERATIVE SOCIETY LTD.,
REP BY ITS CHIEF EXECUTIVE OFFICER,
BANAGAHALLI VIRUPAKSHIPURA HOBLI,
CHANNAPATTANA TALUK,
RAMANAGARA DISTRICT - 562 138.
REGISTERED UNDER CO-OPERATIVE SOCIETY ACT.
...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO AGA FOR R1 AND R3 TO R7;
SRI. T.L KIRAN KUMAR ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO INCLUDE THE PETITIONERS
NAME IN THE VOTERS LIST AND PERMIT THE PETITIONER TO
PARTICIPATE IN THE ELECTIONS OF THE R8 / SOCIETY AND
ETC
THIS PETITION COMING ON FOR ORDERS THIS DAY THE
COURT MADE THE FOLLOWING:
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WP No 4470 of 2024
ORDER
Learned counsel for the petitioner submits that the office
objections are complied.
2. Heard the learned counsel appearing for the
petitioner.
3. Learned Government Advocate accepts notice on
behalf of respondents No.1, 3 to 7.
4. Sri. T.L.Kiran Kumar accepts notice on behalf of
respondent No.2.
5. Learned counsel for the petitioner is seeking a writ
of mandamus to include petitioner's name in the voters list and
to permit the petitioner to participate in the election to the
board of respondent No.8-Society.
6. The petitioner has also sought to quash the notice
issued under Rule 13-D(2-A) of Karnataka Co-operative
Societies Rules 1960, and third prayer is to quash the calendar
of events dated 22.02.2024 marked at Annexure-W which is
issued to hold election to the Board of respondent No.8-
Society.
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WP No 4470 of 2024
7. Admittedly, the calendar of events to the election to
the Board of respondent No.8-Society is published. In view of
the law laid down 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. Hence, the writ petition is dismissed.
8. Liberty is reserved to the petitioner to raise a
dispute in case the petitioner is aggrieved by the election
results. Notwithstanding the dismissal of the writ petition, if
the petition is filed, the Election Tribunal shall decide the
dispute in accordance with law. It is further made clear that all
contentions are kept open. Nothing is expressed on the merits
of the claim made by the petitioner.
Sd/-
JUDGE
TIN
List No: 1 Sl No: 10
CT:SNN
