Karnataka High Court
Lavanya C vs The State Of Karnataka on 4 February, 2025
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WA No. 149 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 149 OF 2025 (CS-EL/M)
BETWEEN:
1. LAVANYA C.
W/O NARASIMHAMURTHY N.
AGED ABOUT 45 YEARS
R/O 120/3, 10TH CROSS
OPP. TO SAIJYOTHI LAYOUT
SINGANAYAKANAHALLI, YELAHANKA
BENGALURU-560 019.
...APPELLANT
(BY SRI. PRABHULINGA K.NAVADGI, SENIOR ADVOCATE FOR
SRI. DEVI PRASAD SHETTY, ADVOCATE)
Digitally AND:
signed by H
K HEMA
1. THE STATE OF KARNATAKA
Location:
High Court DEPARTMENT OF CO OPERATION
of Karnataka M.S.BUILDING
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE STATE CO OPERATIVE
ELECTION COMMISSION
3RD FLOOR, T.T.M.C. 'A' BLOCK
SHANTHI NAGAR
BANGALORE-560 027.
REP. BY ITS SECRETARY.
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WA No. 149 of 2025
3. DEPUTY REGISTRAR OF
CO OPERATIVE SOCIETIES
1ST CIRCLE, SAHAKARA SOWDHA
MARGOSA ROAD, MALLESHWARAM
BENGALURU-560 003.
4. RETURNING OFFICER
COOPERATIVE DEVELOPMENT OFFICER
OFFICE OF DEPUTY REGISTRAR
OF CO OPERATIVE SOCIETIES
1ST CIRCLE, SAHAKARA SOWDHA
MARGOSA ROAD, MALLESHWARAM
BENGALURU-560 003.
5. SINGANAYAKANAHALLI RAITHARA SEVA
SAHAKARA SANGHA NIYAMITHA
SINGANAYAKANAHALLI, YELAHANKA
BENGALURU-560 019.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SRI. K.N.PHANINDRA, SENIOR ADVOCATE FOR
SRI. MOHANA C., ADVOCATE FOR R5;
SRI. S.H.RAGHAVENDRA, AGA FOR R1, R3, R4)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE TOP
NOTED APPEAL BY SETTING ASIDE ORDER DATED
20.12.2024 PASSED IN WP No.34299/2024 AND THE WP
No.34299/2024 MAY KINDLY BE ALLOWED IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WA No. 149 of 2025
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned Senior Advocate Mr. Prabhulinga K. Navadgi
assisted by learned advocate Mr. Devi Prasad Shetty for the
appellant, learned Senior Advocate Mr. K.N. Phanindra assisted by
learned advocate Mr. C. Mohana on caveat appearing for
respondent No.5-Society as well as learned Additional Government
Advocate for the State respondents.
2. The present appeal is directed against the judgment and
order of learned Single Judge dated 20.12.2024, whereby, the writ
petition of the appellant-petitioner came to be dismissed.
3. In the writ petition, the petitioner prayed to set aside the
appointment of the Returning Officer, who was appointed on
30.08.2024 to conduct the elections of respondent
No.5-Co-operative Society. The other prayer was to direct
respondent Nos.2 to 4 to hold and conduct elections to respondent
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No.5 by issuing notice to all the members afresh in compliance of
the relevant provisions of Section 20 of the Karnataka Co-
Operative Societies Act, 1959 read with Rule 13D of the Karnataka
Co-operative Societies Rules, 1960.
3.1 The ground which was sought to be raised was that the
provisions of Rule 13D(2-A) of the Karnataka Co-operative
Societies Rules, 1960 was breached. The said Rule deals with the
duty of the Election Officer to take steps for publication of the list of
ineligible voters. The plank of contention of the petitioner was that
the time statutorily required under the Rules was not given and
departed from by the Returning Officer in finalizing the list of
ineligible voters.
3.2 Learned Single Judge took the view that notice to the
ineligible voters was issued on 16.11.2024 and that 60 days' clear
time period was provided. Therefore, according to him, no
interference was called for inasmuch as the Election Officer,
according learned Single Judge, was not required to hold any
subsequent proceedings after the expiry of 60 days of service of
notice. Be that as it may.
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4. When the appeal came up for consideration today, the
situation obtained is that the election programme to the Board of
Directors of the co-operative society has already been notified.
The date for filing of nomination begins from 05.02.2025, the
scrutiny is to take place on 08.02.2025, the list of nominated
candidates will be out on 08.02.2025, the date of withdrawal
prescribed is 09.02.2025, the list of validly nominated candidates
will be published by the Returning Officer on 09.02.2025 and the
last stage of voting is scheduled to take place on 15.02.2025
whereas, the counting is to take place on the same date.
5. It is trite principle and well settled law that elections to all the
democratic bodies which would include co-operative bodies will
have to be permitted to continue and to be completed as per the
time schedule fixed for the elections and interference by the court
will be minimal in such matters. Once the election programme is
notified or the elections are imminent, the court will not interfere in
exercise of the jurisdiction under Article 226 of the Constitution.
The remedy for the aggrieved person would be after the election is
over. All the disputes relating to the election may be gone into after
the elections are completed, in accordance with the statutory
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provision providing filing of machinery for election petition. The
remedy of filing the election petition is available to the petitioner, if
she is aggrieved on any count in relation to the holding of election.
6. In that view and for all the aforesaid reasons, this Court is not
inclined to interfere with the judgment and order of learned Single
Judge, leaving it open for the appellant-petitioner to have the
recourse of remedy of election petition where all the contentions of
both the sides will be open.
6.1 Only on the aforesaid ground, the appeal is not liable to be
entertained as it will amount to interjecting with election process.
6.2 This Court has not gone into the merits of the case.
7. The appeal is dismissed accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
PGG
