Karnataka High Court
Ajith Kumar vs The State Of Karnataka on 19 February, 2024
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NC: 2024:KHC:6941
WP No. 2496 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 2496 OF 2024 (CS-EL/M)
BETWEEN:
1. AJITH KUMAR
S/O SAGANAIAH,
AGED ABOUT 35 YEARS,
SI.NO.254.
2. BASVAIAH
S/O NIRVANAIAH,
AGED ABOUT 48 YEARS,
SI.NO. 1848.
3. ERAIAH
S/O SIDDAIAH,
AGED ABOUT 55 YEARS,
SI.NO. 1368.
4. HALESH
Digitally
signed by S/O VEERABHADRIAH,
PRAMILA G V AGED ABOUT 45 YEARS,
Location: SI.NO. 1857.
HIGH COURT
OF 5. JANAKAMA
KARNATAKA WIFE OF PADMAIAH,
AGED ABOUT 38 YEARS,
SI.NO. 1213.
6. KAALAMA
WIFE OF ERAIAH,
AGED ABOUT 55 YEARS,
SI.NO. 1369.
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WP No. 2496 of 2024
7. SAGANAIAH
SON OF NIRVANAIAH,
AGED ABOUT 58 YEARS,
SI.NO. 1371.
8. SANNAIAH
S/O UDAIAH,
AGED ABOUT 60 YEARS,
SI.NO. 1211.
9. LAKSHMAMMA
WIFE OF CHIKAIAH,
AGED ABOUT 62 YEARS,
SI.NO. 1221
BENEFIT OF SENIOR CITIZEN NOT CLAIMED.
10. BHADRAMMA
W/O GUDDAIAH,
AGED ABOUT 59 YEARS,
SI.NO. 1268.
11. HONNAMMA
W/O SHIVAIAH,
AGED ABOUT 48 YEARS,
SI.NO. 1266.
12. KALAMMA
W/O MANNAIAH,
AGED ABOUT 49 YEARS,
SI.NO. 1260.
13. KENCHAMMA
W/O THIMMAIAH,
AGED ABOUT 47 YEARS,
SI.NO. 1260.
14. NIRVAANAMMA
W/O RAMAIAH,
AGED ABOUT 52 YEARS,
SI.NO. 1841.
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WP No. 2496 of 2024
15. PARAMESH
S/O SHIVAIAH,
AGED ABOUT 49 YEARS,
SI.NO. 1842.
16. PUTTAIAH
S/O THIMMAIAH,
AGED ABOUT 59 YEARS,
SI.NO. 1843.
17. RAMESH
S/O VASANTHAIAH,
AGED ABOUT 49 YEARS,
SI.NO. 511.
18. UDDAIAH
S/O SIDDAIAH,
AGED ABOUT 47 YEARS,
SI.NO.1251.
19. NAGESH N J
S/O JAYARAIAH,
AGED ABOUT 42 YEARS,
SI.NO. 475
PETITIONERS ARE THE MEMBERS OF PRIMARY
AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD.,
KUDUVALLI, CHIKAMAGALURU TALUK,
CHIKAMAGALURU 577101.
...PETITIONERS
(BY SRI SARAVANA S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION,
VIDHANA SOUDHA, DR B R AMBEDAKR VEEDHI,
BENGALURU 560001,
REP BY ITS PRINCIPAL SECRETARY.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.1 ALI ASKAR ROAD, BENGALURU - 560052.
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WP No. 2496 of 2024
3. THE KARNATAKA STATE CO-OPERATIVE ELECTION
AUTHROITY BMTC BUILDING,
3RD FLOOR, SHANTHINAGAR,
BENGALURU 560027, REP BY ITS SECRETARY.
4. RETURNING OFFICER
PRIMARY AGRICULTURE CREDIT CO-OPERATIVE
SOCIETY LTD., KUDUVALLI CHIKAMAGALURU TALUK,
CHIKKAMAGALURU 577101.
5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE
SOCIETY LTD., KUDUVALLI CHIKAMAGALUR TALUK,
BY ITS CHIEF EXECUTIVE OFFICER,
REGISTERED CO OPERATIVE SOCIETY,
CHIKKAMAGALURU - 577101.
REG. UNDER CO-OPERATIVE KARNATAKA ACT 1957.
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R2, R4
BY SRI T L KIRAN KUMAR, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARING THAT ACT OF RESPONDENT CATEGORIZING THE
PETITONERS AS INELIGIBLE VOTERS WITHOUT ADHERING TO
MANDATE UNDER RULE 13 (D) 2-A) OF KARANATAKA CO-
OPERATIVE SOCIETIES RULES 1960 IS VOID AND ARBITRARY
DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONERS.
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, 2 and 4. Sri T.L. Kiran
Kumar, standing counsel accepts notice for respondent
No.3.
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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 to be decided in a proceeding under Section
70 of the Act of 1959, if initiated.
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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
CHS
