Karnataka High Court
Bhimappa S/O Tammanna Hipparagi vs The State Of Karnataka on 26 March, 2025
Author: S G Pandit
Bench: S G Pandit
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WA No. 100053 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 100053 OF 2024 (CS-EL/M)
BETWEEN:
BHIMAPPA S/O TAMMANNA HIPPARAGI
AGE. 46 YEARS, OCC. AGRICULTURE,
R/O. MUTTUR, TALUK. JAMKHANDI, DIST.
BAGALKOT.
...APPELLANT
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S. BUILDING,
AMBEDKAR VEEDHI, BENGALURU-560001.
MOHANKUMAR
B SHELAR
2. THE STATE OF CO-OPERATIVE ELECTION AUTHORITY
REP. BY ITS COMMISSIONER,
Digitally signed by
MOHANKUMAR B
SHELAR
3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
BENGALURU 560027.
3. THE DISTRICT ELECTION OFFICER
AND DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETY BAGALKOT
TALUK AND DIST. BAGALKOT-587101.
4. THE RETURNING OFFICER
PRATHAMIK KRUSHI
PATTIN SAHAKARI SANGH NIYAMIT,
ALABAL AND SALE OFFICER,
OFFICE OF THE ASSISTANT REGISTRAR OF
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WA No. 100053 of 2024
CO-OPERATIVE SOCIETIES,
JAMKHANDI, TQ AND DIST. BAGALKOT-587119.
5. THE RETURNING OFFICER
PRATHAMIK KRUSHI PATTIN
SAHAKARI SANGH NIYAMIT, ALABAL
REP. BY ITS CHIEF EXECUTIVE
TQ. JAMKHANDI, DIST. BAGALKOT-587119.
6. SOMANAGOUDA S/O ISHWARGOUDA PATIL
AGE. 57 YEARS, OCC. AGRICULTURE,
R/O. ALABAL, TQ. JAMKHANDI,
DIST. BAGALKOT-587119.
7. BASAVARAJ S/O SATYAPPA HIPPARAGI
AGE. 29 YEARS, OCC. AGRICULTURE,
R/O. MUTTUR, TQ. JAMKHANDI,
DIST. BAGALKOT-587119.
...RESPONDENTS
(BY SRI. V.S. KALARUMATH, AGA FOR R1,R3 & R4;
SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2,R3 & R4)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO, SET-ASIDE THE ORDER
DATED 17/01/2024 IN WRIT PETITION NO.107421/2023 (CS-
ELE) PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION FILED BY THE RESPONDENT NO.6 AND 7
BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
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WA No. 100053 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present intra-Court appeal is filed under Section 4 of
the Karnataka High Court Act, 1961 by respondent No.6 before
the learned Single Judge, calling in question the order dated
17.1.2024 passed in WP No.107421/2023.
2. The aforesaid writ petition was filed by respondents
No.6 and 7 herein challenging the rejection of their nomination
papers by the returning officer. The learned Single Judge by
the impugned order dated 17.1.2024, allowed the writ petition,
quashed the rejection of nomination papers of the petitioners
and directed the returning officer to declare the results of the
election held to the respondent/Society on 17.12.2023. Being
aggrieved by the same, the present appeal is filed.
3. Although learned counsel Sri. Shivaraj P Mudhol
seeks to point out various errors in the order passed by the
learned Single Judge, it is relevant to note that pursuant to the
impugned order, results of the election held on 17.12.2023
have been declared.
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4. The Hon'ble Supreme Court in the case of Umesh
Shivappa Ambi & Others Vs. Angadi Shekara Basappa &
Others1, has held as follows:
It is now well settled that once an election is over,
the aggrieved candidate will have to pursue his
remedy in accordance with the provisions of law
and this (sic High) Court will not ordinary interfere
with the elections under Article 226 of the
Constitution. (See in this connection parat 3 in
K.K. Shrivastava B. Bhupendra Kumar Jain.) The
Court will not ordinarily interfere where there is an
appropriate or equally efficacious remedy available,
particularly in relation to election disputes. In the
present case, under Section 70(2)(C) of the
Karnataka Co-operative Societies Act, 1959 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 has to be referred to the
Registrar by raising a dispute before him. The
Registrar is required to decide this in accordance
with law. (Emphasis supplied)
5. In view of settled position of law, as noticed above,
since elections have been conducted and the results have been
declared, the present appeal is disposed of, reserving liberty to
(1998) 4 SCC 529
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the appellant herein to raise a dispute in an election petition
and pursue his remedies that may be available under law.
6. Pending applications, if any, are disposed of as not
surviving for consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
JTR
CT:VP
