Karnataka High Court
Sri. Chikkaramanna vs State Of Karnataka on 22 February, 2024
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WP No. 1970 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 1970 OF 2024 (CS-EL/M)
BETWEEN:
1. SRI. CHIKKARAMANNA
S/O LATE PAPPANNA
AGED ABOUT 43 YEARS,MEMBERSHIP NO.222.
2. SRI. DEVRAJA V
S/O LATE VEERANNA
AGED ABOUT 40 YEARS,MEMBERSSHIP NO. 22.
3. SMT. SHARADHAMMA
S/O LATE VEERANNA
AGED ABOUT 60 YEARS,MEMBERSHIP NO. 23.
4. SRI. MUNIYAMMA
W/O ANJINAPPA
AGED ABOUT 70 YEARS,MEMBERSHIP NO.57.
5. SRI. NARAYANASWAMY V
S/O LATE PILLAVEERAPPA
Digitally AGED ABOUT 46 YEARS,MEMBERSHIP NO. 142.
signed by
PRAMILA G V 6. SRI. NARAYANAPPA
S/O LATE KEMPANNA
Location:
HIGH COURT AGED ABOUT 90 YEARS,MEMBERSHIP NO.54.
OF
KARNATAKA 7. SRI. KRISHNAPPA
S/O LATE KEMPANNA
AGED ABOUT 85 YEARS,MEMBERSHIP NO.113.
8. SRI. RAMACHANDRA K
S/O KRISHNAPPA
AGED ABOUT 58 YEARS,MEMBERSHIP NO. 114.
9. SMT. MUNIYAMMA
W/O LATE NAGARAJU,
AGED ABOUT 60 YEARS,MEMBERSHIP NO. 94.
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WP No. 1970 of 2024
10. SRI. P DEVARAJU
S/O LATE PATALAPPA
AGED ABOUT 56 YEARS,MEMBERSHIP NO. 90.
11. SRI MANJUANTHA K
S/O KURAPPA
AGED ABOUT 55 YEARS,MEMBRSHIP NO 45
12. SMT AMMAYAMMA
W/O MUNIKRISHNAPPA
AGED ABOUT 70 YEARS,MEMBERSHIP NO 110
13. SRI MUNIKRISHNAPPA
S/O LATE VENKATAPPA
AGED ABOUT 76 YEARS,MEMBERSHIP NO 109
14. SRI SRIRAM D
S/O LATE DEVAPPA
AGED ABOUT 44 YEARS,MEMBERSHIP NO 205
15. SRI ANJINAPPA
S/O DODDANAGAPPA
AGED ABOUT 80 YEARS,MEMBERSHIP NO 56
16. SRI NARAYANASWAMY
S/O LATE SONNAPPA
AGED ABOUT 60 YEARS,MEMBERSHIP NO 134
17. SRI KRISHNAPPA
S/O LATE NANJAPPA
AGED ABOUT 74 YEARS,MEMBERSHIP NO 15
18. SRI PRADEEPA K
S/O KRISHANAPPA
AGED ABOUT 44 YEARS,MEMBERSHIP NO 212
19. SRI RAMESH D
S/O DEVAPPA
AGED ABOUT 44 YEARS,MEMBERSHIP NO 198
20. SMT MUNINANJAMMA
W/O DEVAPPA
AGED ABOUT 74 YEARS,MEMBERSHIP NO 97
21. SRI DEVARAJ D
S/O DEVAPPA
AGED ABOUT 50 YEARS
MEMBERSHIP NO 203
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WP No. 1970 of 2024
22. SRI NAGESH D M
S/O K MARAPPA
AGED ABOUT 46 YEARS,MEMBERSHIP NO 116
23. SMT ANJINAMMA
W/O K MARAPPA
AGED ABOUT 70 YEARS,MEMBERSHIP NO 117
24. SRI RAVI A
S/O LATE ANJINAPPA
AGED ABOUT 55 YEARS,MEMBERSHIP NO 91
25. SMT PILLAMMA
W/O LATE ANJINAPPA
AGED ABOUT 45 YEARS,MEMBERSHIP NO 230
26. SMT SAKKAMMA
W/O THAMMANNA
AGED ABOUT 60 YEARS,MEMBERSHIP NO 80
27. SRI VIJAYKUMARA,
S/O P RAMACHANDRAPPA,
AGED ABOUT 40 YEARS,MEMBERSHIP NO 76.
(PETITIONER 1 TO 27 ARE
R/AT DEVANAYAKANAHALLI VILLAGE,
REDDYHALLI POST, CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 129.
(SENIOR CITIZENS BENEFITS IN RESPECT OF
PETITIONER NOT CLAIMED) THE PETITIONERS
NOS.4,6,7 12, 13, 15, 17, 20 AND 23).
...PETITIONERS
(BY SRI PRAKASH SHETTY S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S BUILDING, DR. B R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. DEVANAYAKANAHALLI MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
DEVANAYAKANAHALLI VILLAGE,
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WP No. 1970 of 2024
REDDYHALLI POST, CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 129,
REP. BY ITS CHIEF EXECUTIVE OFFICE
(REG. UNDER CO OPERATIVE SOCIETIES ACT,
1959).
[
3. STATE CO-OPERATION ELECTION AUTHORITY
REP. BY ELECTION COMMISSIONER,
3RD FLOOR, TTMCA BLOCK,
SHANTHINAGAR, BENGALURU - 560 027.
4. RETURNING OFFICER OF DEVANAYAKANAHALLI MILK
PRODUCERS CO OPERATIVE SOCIETY LTD.,
AND CHIEF DEVELOPMENT OFFICER OF CO
OPERATIVE SOCIETIES, DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 129.
5. THE DEPUTY REGISTRAR AND DISTRICT ELECTION
OFFICER OF BENGALURU RURAL DISTRICT,
DISTRICT OFFICE COMPLEX,
BEERASANDRA VILLAGE, DEVANAHALLI TALUK,
BENGALURU RUARL DISTRICT - 562 110.
6. SRI SHIVANNA,
S/O LATE APPAYANNA,
AGED ABOUT 55 YEARS,
R/AT DEVANAYAKANAHALLI VILLAGE,
REDDYHALLI POST - CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT
(AMENDED AS PER ORDER DATED 19.02.2024)
...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1, R4 AND R5
SRI T L KIRAN KUMAR, ADVOCATE FOR R3,
SRI AKARSH KUMAR GOWDA, ADVOCATE FOR R2,
SRI K SHIVASHANKAR, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
i) CALL FOR RECORDS PURSUANT TO CALENDAR OF EVENTS
ANNEXURE A DATED 07/01/2024 ISSUED BY THE R2.
ii) DIRECTING THE R2 TO R4 TO PREPARE VOTERS LIST OF
THE R2 SOCIETY FOR THE YEARS 2024-25 TO 2029-30 IN
ACCORDANCE WITH LIST OF MEMBERS WITHOUT INSISTING
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WP No. 1970 of 2024
SECTION 20(2)(a-iv) AND (a-v) OF THE KARNATAKA
CO-OPERATIVE SOCIETY ACT AND ETC.
THIS PETITION COMING ON FOR DICTATING ORDERS
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
1. Heard.
2. The petition is filed for issuance of a writ of
mandamus directing respondents No.2 to 4 to prepare the
voters list of the 2nd respondent-society without insisting
the requirement of Sections 20(2)(a-iv) and (a-v) of the
Karnataka Co-operative Societies Act, 1959 (Hereinafter
referred to as the 'Act, 1959' for short). One more prayer
is sought to direct respondents No.2 to 4 to permit the
petitioners to vote in the election to the board of the 2nd
respondent-society held on 27.01.2024. The third prayer
is to declare Sections 20(2)(a-iv) and (a-v) of the Act ,
1959 as unconstitutional.
3. Learned counsel for the petitioners fairly submits
that the third prayer is not maintainable as this Court has
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already upheld the constitutional validity of Sections
20(2)(a-iv) and (a-v) of the Act, 1959.
4. This Court vide interim order dated 20.01.2024
granted permission to the petitioners to vote in the
election held on 27.01.2024.
5. Learned counsel for the petitioners would further
submit that the procedure contemplated under Rule 13-
D(2-A) of the Karnataka Co-operative Societies Rules,
1960(Hereinafter referred to as the "Rules,1960" for short)
are not followed, no opportunity is given to the petitioners
to establish their claim. It is also his contention that on
account of the COVID-19 related restrictions, the
petitioners could not attend minimum two general body
meetings out of the last five general body meetings and it
is also his contention that there were restrictions imposed
by the Government to conduct such meetings prohibiting
congregation in large numbers. Thus, Section 20(2)(a-iv)
of the Act, 1959 cannot be pressed into service. He would
further submit that Section 20(2)(a-v) of the Act, 1959
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cannot be pressed into service for the same reason
because of the COVID-19 related restrictions, the
petitioners could not supply milk as prescribed under the
bye-law.
6. Referring to the interim order granted by this
Court where relaxation is given insofar as minimum
number of attendance to the Annual General Body
Meetings is concerned, he would submit that applying the
same principle, relaxation should also be given to the
minimum service to be availed as prescribed under Section
20(2)(a-v) of the Act, 1959. He would also bring to the
notice of this Court the Judgment rendered by this Court in
Sri. B Ganganna and others vs. The State of
Karnataka and others in W.P.No.29014/2023
wherein this Court has held that in exceptional cases to
prevent miscarriage of justice, the writ Court can step into
any election matter and pass appropriate orders.
7. Learned counsel for respondent No.6, who is one
of the contestants in the election has submitted statement
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of objections along with the documents to substantiate the
contention that the petitioners have not availed minimum
services. He would also point out to the list of ineligible
voters where it is stated that the petitioners have not
availed minimum services.
8. Learned counsel for the respondent would also
place reliance on the same judgment of this Court in Sri.
B Ganganna and others supra wherein this Court has
held that mere non-compliance of procedures
contemplated under Rule 13-D(2-A) of the Rules, 1960 do
not make ineligible voter automatically eligible to vote in
the election and eligibility is to be decided based on the
materials to show that member has fulfilled the
requirements under Section 20(2)(a-iv) and Section
20(2)(a-v) of the Act, 1959.
9. This Court has considered the contentions raised
at the bar.
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10. Admittedly, when the petition was filed, the
calendar of events was published. The petitioners were
permitted to cast vote in the election but results were
withheld in terms of the interim order. The contention
that Section 20(2)(a-iv) of the Act,1959 cannot be pressed
into service to hold that the petitioners were ineligible as
they did not attend two meetings on account of COVID-19
related restrictions can certainly be accepted in the light of
the Standard Operating Procedure issued by the
Government in which the State prevented the public from
convening gatherings and it is also an admitted fact that
Co-operative Societies Meetings were postponed pursuant
to the Standard Operating Procedures and it is also
relevant to note that in one of the case, the learned
Advocate General appearing for the State has made a
statement that Section 20(2)(a-iv) of the Act,1959 cannot
be insisted to decide the eligibility of the voters. However,
the said relaxation is not given in respect of minimum
services to be availed by the members of the Society.
Admittedly, the petitioners were required to supply 500
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ltrs of milk for minimum 180 days in two co-operative
years out of the last 5 years before the election. Materials
are not placed before this Court to substantiate the
contention that the petitioners have availed minimum
services as prescribed under the bye-law by supplying 500
liters of milk for minimum 180 days as contemplated
under the bye-law.
11. There is serious objection raised by one of the
contesting respondents. This being the position, this Court
has to hold that disputed question whether the petitioners
did avail minimum services as contemplated under the
bye-law cannot be looked into in this proceeding.
12. Hence, the following:
ORDER
(i) The writ petition is not maintainable and the same is
dismissed.
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(ii) Liberty is reserved to the petitioners to raise an
election dispute under Section 70(2)(c) of the Karnataka
Co-operative Societies Act, 1959.
(iii) If such a dispute is raised, without being influenced
by the dismissal of the writ petition, the same shall be
decided in accordance with law.
(iv) The votes cast by the petitioners shall not be counted
while declaring the results. However, such votes shall be
maintained in a sealed ballot box and can be made use of
in the manner known to law in the election dispute, if it is
raised.
Sd/-
JUDGE
BRN
