Karnataka High Court
Raghavendra S/O Gajanan Naik vs The State Of Karnataka on 18 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:3290
WP No. 107667 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.107667 OF 2024 (CS-EL/M)
BETWEEN:
1) RAGHAVENDRA S/O. GAJANAN NAIK,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BAAD, KUMTA,
UTTARA KANNADA - 581 306.
2) RAMACHANDRA S/O. HONNAYYA NAIK,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O : KAGAL, KUMTA,
UTTARA KANNADA - 581 351.
3) PURUSHOTAM S/O. KRISHNA NAIK,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O : BAAD, KUMTA,
UTTARA KANNADA - 581 306.
...PETITIONERS
(BY SRI VISHWANATHA BHAT, ADVOCATE)
Digitally signed by
AND:
VISHAL NINGAPPA
PATTIHAL
Location: High
Court of Karnataka, 1) THE STATE OF KARNATAKA
Dharwad Bench,
Dharwad REP.BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION
M.S.BUILDING, 6TH FLOOR,
BENGALURU-560001
2) THE REGISTRAR OF CO-OPERATIVE SOCIETIES
GOVERNMENT OF KARNATAKA,
NO.1, ALI-ASKAR ROAD,
BENGALURU-560052
3) CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTINAGAR,
T.T.M.C. "A" BLOCK, SHANTINAGAR,
BENGALURU-560027
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NC: 2025:KHC-D:3290
WP No. 107667 of 2024
REP. BY ITS SECRETARY,
4) DEPUTY COMMISSIONER
AND ELECTION OFFICER
FARMER CO-OPERATIVE SOCIETIES
UTTARA KANNADA, KARWAR,
DIST: UTTARA KANNADA-581301.
5) RETURNING OFFICER,
UTTARA KANNADA ZILLA,
FARMER CO-OPERATIVE NIYAMITA BAAD,
DIST: UTTARA KANNADA-581334.
6) UTTARA KANNADA FARMER
CO-OPERATIVE NIYAMITA
BAAD, DIST: UTTARA KANNADA-581334
REP.BY ITS CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL,
HCGP FOR R1, R2, R4 & R5;
SRI G.V.BHARAMAGOUDAR, ADVOCATE FOR R3;
SRI A.P.HEGDE AND
SRI VINAY M. MALALI, ADVOCATES FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE FINAL INELIGIBLE VOTERS LIST FOR
ISSUED BY RESPONDENT NO.4 MARKED AT ANNEXURE-B INSOFAR
AS PETITIONERS NO.1 TO 3 ARE CONCERNED. ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT THE
ELECTIONS TO THE 6TH RESPONDENT FARMER CO-OPERATIVE
SOCIETY NIYAMIT BAAD FOR THE TERM 5 YEARS SCHEDULED TO BE
HELD ON 27-12-2024, PERMITTING THE PETITIONERS TO CAST
THEIR VOTE AND PARTICIPATE IN THE ELECTION IN TERMS OF
ANNEXURE-A AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:3290
WP No. 107667 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Learned counsel appearing for the parties in
unison would submit that, the issue in the lis stands
covered by judgment rendered by Coordinate Bench of this
Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022,
disposed off on 7th June 2022. The Coordinate Bench of
this Court held as follows:
"8. In the light of these rival submissions,
the question for consideration is:
Whether these writ petitions must be
disposed of directing the Returning Officer [the
fourth respondent and sixth respondents in the
respective petitions to announce the results of the
elections held on 23.04.2022 including the votes
cast by the petitioners.
9. The provisions of Rule 13-D (2-A) of the
Rules read as hereunder:
(3) The Election Officer shall take steps for publication
of voters list in the following manner, namely:-
(a) for publication of draft eligible electoral list,
a list of defaulters, a list of members whose
repayment falls due, before the election
date clear fifty days;
(b) for calling objections, if any, calling upon
the defaulter members to repay the
amounts due to the co-operative societies
NC: 2025:KHC-D:3290
on or before thirty clear days prior to the
date of election;
(c) the scrutiny and verification of the voters
list after payment by defaulters etc., clear
twenty days before the ate of election.
(d) for publication of final eligible voters list
before fifteen clear days prior to the date of
election.
The underlining is by this Court.
10. These provisions do not leave any room
for doubt that an excluded member, with the
publication of the Draft Eligible Electoral List, must
have an opportunity by way of an individual notice
to file objections on exclusion from the Electoral
List. It must be shown that the concerned Chief
Executive has prepared and sent notice to the
affected members. The Public Notice dated
8.11.20211 does not meet these requirements. In
This Public Notice reads as follows:
¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï-
16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÄÀ
¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À
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ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ
ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÄÀ
¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ
gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ
EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ
¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ
¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ
CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ.
vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è
ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÄÀ UÉ
w½¸À¯ÁVzÉ.
NC: 2025:KHC-D:3290
fact, it is admitted on behalf of the respondents
that there are deficiencies in the preparation of
the Final Electoral Roll after the publication of
the Draft Eligible Electoral List, and the petitioners
have not been issued with individual notices.
11. The Hon'ble Supreme Court in Shri Sant
Sadguru Janardan Swami (Moingiri Maharaj)
Sahakari Dugha Utpadak Sanstha and Another v.
State of Maharashtra and Others supra has held as
follows:
'7. A perusal of the Rules discloses that the
preparation of provisional list of voters, filing of
objection against the provisional list of voters,
consideration of the objection by the Collector and
finalising the list of voters, all occur in the Rules
which cover the entire process of the election. The
Rules framed for election of specified societies are
complete code in itself providing for the entire
process of election beginning from the stage of
preparation of the provisional voters list, decision
on the objection by the Collector, finalisation of
electoral rolls, holding of election and declaration
of result of the election. In view of the scheme of
the Act and Rules, the preparation of voters' list
must be held to be part of the election process for
constituting managing committee of a specified
society.
12. In view of our finding that
preparation of the electoral roll is being an
intermediate stage in the process of election of
the managing committee of a specified society
and the election process having been set in
motion, it is well settled that the High Court
should not stay the continuation of the election
NC: 2025:KHC-D:3290
process even though there may be some alleged
illegality or breach of rules while preparing the
electoral roll. It is not disputed that the election in
question has already been held and the result
thereof has been stayed by an order of this Court,
and once the result of the election is declared, it
would be open to the appellant to challenge the
election of returned candidate, if aggrieved, by
means of an election petition before the election
tribunal.
12. It follows from this decision
that the adjudication of all questions must be as
provided under Section 70(2) of the Co-operative
Societies Act . However, in the present case the
respondents admit that there are deficiencies in
finalization of Final Electoral List. The petitioners
are admittedly not issued with individual notice as
required under the provisions of Rule13-D (2-A) of
the Co-operative Societies Rules; the petitioners
have now cast their votes in the elections on
70. Disputes which may be referred to Registrar for decision.-
(1) Notwithstanding anything contained in any law for the time being
in force, if any dispute touching the constitution, management, or the
business of a co-operative society arises,--
(a) xxxxxxxxx
(2). For the purposes of sub-section (1), the following shall be
deemed to be disputes touching the constitution, management or
the business of a co-operative society, namely:--
(a). XXXXXXXXXXX
(b). XXXXXXXXXXXXX
(c). any dispute arising in connection with the election of a
President, Vice- president, Chairman, Vice-chairman,
Secretary, Treasurer or Member of Committee of the
society.
NC: 2025:KHC-D:3290
23.04.2022; the petitioners are not given the
opportunity to show cause against the allegations
that they have created documents. The
respondents, despite admitting deficiencies in
finalisation of the Final Electoral List, want to
invoke the rule of alternative remedy. This Court is
of the considered view that, in the peculiarities of
this case, the writ petitions should be disposed of
with directions to the concerned respondent to
announce results counting even the votes cast by
the petitioners and with liberty to all the concerned
to avail remedy under Section 70(2) of the Act if
aggrieved by the results. If such remedy is availed
raising a dispute, exclusion of votes of those
petitioners who are guilty of fraud can also be
considered based on the material that will be placed
on record.
Therefore, writ petitions are disposed of
calling upon the Returning Officer [the fourth
respondent/sixth respondent in the respective
petitions] to announce the result forthwith including
the votes cast by the petitioners in both the
petitions. All the contentions are left open for
consideration in appropriate proceedings, if
commenced."
2. Learned counsel would submit that, if the same
order is passed, it would suffice in this case also.
3. In that light, the writ petition is disposed calling
upon the respondent - Returning Officer to announce the
NC: 2025:KHC-D:3290
result forthwith including the votes cast by the petitioners.
All the contentions are left open for consideration in
appropriate proceedings, if commenced.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RHR/CT-SC
