Karnataka High Court
Lingaraje Gowda B K vs The State Of Karnataka on 12 August, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.15556 OF 2022(CS-EL/M)
BETWEEN:
1. MAMATHA
W/O H P RAVI
AGED ABOUT 39 YEARS
SHARE NO 130.
2. K B PURNIMA
W/O A B MAHENDRA
AGED ABOUT 36YEARS
SHARE NO 142.
3. LEELAVATHI
W/O A B RAJEGOWDA
AGED ABOUT 37 YEARS
SHARE NO 172
4. LALITHAMMA
W/O PUTTARAJEGOWDA
AGED ABOUT 41 YEARS
SHARE NO 141.
5. MANIYAMMA
W/O SOMARAMEGOWDA
AGED ABOUT 45 YEARS
SHARE NO 143.
6. ROOPA
W/O A B DEVARAJU
AGED ABOUT 35 YEARS.
SHARE NO 127.
7. GOWRAMMA
W/O LATE SUBBEGOWDA
AGED ABOUT 53 YEARS
SHARE NO 06.
2
8. SUSHEELAMMA
W/O KEMPEGOWDA
AGED ABOUT 57 YEARS
SHARE NO 144.
9. NAGAMMA
W/O JARAYAMA
AGED ABOUT 51 YEARS
SHARE NO 175.
10 . VANAJAKSHI
W/O HEMACHANDRA
AGED ABOUT 53 YEARS
SHARE NO 204.
11 . DEVAMMA
W/O KEMPEGOWDA
AGED ABOUT 52 YEARS
SHARE NO 238.
12 . KALPANA
W/O DEVARAJA
AGED ABOUT 48 YEARS
SHARE NO 241.
13 . ASHA
W/O NANJUNDA
AGED ABOUT 37 YEARS
SHARE NO 256.
14 . NAGARATHNA
W/O RAMESH
AGED ABOUT 39 YEARS
SHARE NO 261.
15 . MANJULA
W/O LATE DYAVAIAH
AGED ABOUT 40 YEARS
SHARE NO 303.
16 . CHENNAMMA
W/O RAMEGOWDA
AGED ABOUT 45 YEARS
SHARE NO 309.
17 . PAVITHRA
W/O MAHESHA
3
AGED ABOUT 39 YEARS
SHARE NO 321.
18 . MAHADEVAMMA
W/O SURESHA
AGED ABOUT 43 YEARS
SHARE NO 336.
19 . JAYAMMA
W/O PU. RAJU
AGED ABOUT 57 YEARS
SHARE NO 18.
20 . JAYASHEELA
W/O SOMEGOWDA
AGED ABOUT 48 YEARS
SHARE NO 31.
21 . JAYAMMA
W/O SHIVEGOWDA
AGED ABOUT 50 YEARS
SHARE NO 40.
22 . AMBIKAMANI
W/O GURUMURTHICHAR
AGED ABOUT 41 YEARS
SHARE NO 114.
23 . LAKSHMIDEVI
W/O VENKATESH
AGED ABOUT 42 YEARS
SHARE NO 372.
24 . VEENA
W/O ASHOOKA
AGED ABOUT 39 YEARS
SHARE NO 382.
25 . SAVITHA
W/O SRIDHAR
AGED ABOUT 36 YEARS
SHARE NO 387.
26 . SUNANDA
W/O NANUNDEGOWDA
AGED ABOUT 45 YEARS
SHARE NO 389.
4
27 . JAYAMMA
W/O THIMMEGOWDA
AGED ABOUT 48 YEARS
SHARE NO.399
28 . RADHA
W/O SHIVALINGEGOWD A
AGED ABOUT 32 YEARS
SHARE NO 424.
29 . THAYAMMA
W/O GANESH SHETTY
AGED ABOUT 53 YEARS
SHARE NO 19.
30 . DEVAMMA
W/O RAMAIAH
AGED ABOUT 58 YEARS
SHARE NO 20.
31 . B S RADHA
W/O A GIRISH
AGED ABOUT 36 YEARS
SHARE NO 22.
32 . AKKAMMA
W/O VENKATASHETTY
AGED ABOUT 43 YEARS
SHARE NO 80.
33 . KAMALAMMA
W/O RAMAKRISHNACHARI
AGED ABOUT 45 YEARS
SHARE NO 82.
34 . S E VARALAKSHMI
W/O LATE NAGARAJACHARI
AGED ABOUT 50 YEARS
SHARE NO 84.
35 . CHIKKAMMA
W/O JAYARAMA
AGED ABOUT 56 YEARS
SHARE NO 100.
36 . DAYAMANI
W/O PUTTASWAMY
AGED ABOUT 58 YEARS
SHARE NO 129.
5
37 . LEELAVATHI
W/O A R KUAMARA
AGED ABOUT 49 YEARS
SHARE NO 135.
38 . BHAGYA
W/O SHANKAREGOWDA
AGED ABOUT 46 YEARS
SHARE NO 159.
39 . LAKSHMIDEVI
W/O CHANDREGOWDA
AGED ABOUT 51 YEARS
SHARE NO 347.
40 . N T HEMAVATHI
W/O RUPESHA
AGED ABOUT 48 YEARS
SHARE NO 360.
41 . NAGAMMA
W/O SRIKANTACHARI
AGED ABOUT 55 YEARS
SHARE NO 363.
42 . PURNIMA
W/O KUMARA
AGED ABOUT 39 YEARS
SHARE NO 365.
43 . THIMMAMMA
W/O LATE DEVEGOWDA
AGED ABOUT 57 YEARS
SHARE NO 101.
44 . ASHA
W/O SHANKAREGOWDA
AGED ABOUT 37 YEARS
SHARE NO 374.
45 . BABY
W/O RAMESH
AGED ABOUT 37 YEARS
SHARE NO 379.
46 . JYOTHI
W/O KITTI
AGED ABOUT 39 YEARS
SHARE NO 395.
6
47 . SHEELA
W/O DEVEGOWDA
AGED ABOUT 45 YEARS
SHARE NO 426.
48 . RATHNAMMA
W/O CHANDREGOWDA
AGED ABOUT 39 YEARS
SHARE NO 413.
49 . KUMARI
W/O CHANDREGOWDA
AGED ABOUT 37 YEARS
SHARE NO 418.
50 . LAKSHMAMMA
W/O MAYEGOWDA
AGED ABOUT 40 YEARS
SHARE NO 419.
51 . NIRMALA
W/O ASHOOKA
AGED ABOUT 35 YEARS
SHARE NO 398.
52 . YASMINA
W/O JABHIULLA
AGED ABOUT 43 YEARS
SHARE NO 79.
53 . HASEENA
W/O NAZEER AHAMMED
AGED ABOUT 39 YEARS
SHARE NO 267.
54 . SAVITHA
W/O NAGARAJ
AGED ABOUT 39 YEARS
SHARE NO 392
ALL ARE MEMBERS OF AGRAHARABACHAHALLI MAHILA
MILK PRODUCERS CO OPERATIVE SOCIETY LTD.,
THE SOCIETY REGISTERED UNDER THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT, 1956.
AGARAHARA BACHAHALLI VILLAGE,
K R PETE TALUK
MANDYA DISTRICT - 571436
...PETITIONERS
(BY SRI. SANDESH.J.B., ADVOCATE)
7
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION
M S BUILDING
DR B R AMBEDKAR VEEDHI
BENGALURU - 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY,
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ALI ASKER ROAD NO 01
BANGALORE - 560052.
3. THE ELECTION OFFICER AND DISTRICT REGISTRAR OF
CO OPERATIVE SOCIETY
MANDYA DISTRICT, 1ST CROSS
SUBHASHNAGAR
MANDYA - 571 401.
4. THE STATE CO OPERATIVE ELECTION AUTHORITY
3RD FLOOR TTMC A BLOCK K H ROAD
SHANTHINAGAR
MANDYA 571 401.
5. AGRAHARABACHALLI MAHILA MILK PRODUCERS CO
OPERATIVE SOCIETY LTD
AGARAHARA BACHAHALLI VILLAGE,
K R PETE TALUK
MANDYA DISTRICT - 571436
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
THE SOCIETY REGISTERED UNDER THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT, 1959.
7. THE RETURNING OFFICER
AGRAHARABACHAHALLI MAHILA MILK PRODUCERS CO
OPERATIVE SOCIETY LTD
AGARAHARA BACHAHALLI VILLAGE,
K R PETE TALUK
MANDYA DISTRICT - 571436
THE SOCIETY REGISTERED UNDER THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT, 1959.
...RESPONDENTS
(BY SMT. H.C.KAVITHA., HCGP FOR R-1 TO R-3 & R-6
SRI. T.L.KIRAN KUMAR., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
8
THE RESPONDENTS TO INCLUDE THE NAMES OF THE
PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT
ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST
ITS VOTE IN THE UPCOMING ELECTIONS TO R-5 SOCIETY
WHICH IS SCHEDULED TO BE HELD ON 09.08.2022.
THIS W.P. COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
In this petition, the petitioners have sought for the following reliefs:
"i. Issue a writ of mandamus directing the Respondents to include the names of the Petitioners in the Final eligible voter list at Annexure-C and permit the Petitioners to cast its vote in the upcoming elections to Respondent No.5 Society which is scheduled to be held on 09.08.2022.
ii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity."
2. Learned counsel for the petitioner has filed a memo along with a copy of the results declared in the elections held on 09.08.2022 and the same is received on record.
3. Heard learned counsel for the petitioners, learned HCGP for respondent Nos.1 to 3 and 6 and Sri. 9 T.L. Kiran Kumar, Advocate for respondent No.4 and perused the material on record.
4. On 04.08.2022, this Court passed the following order:
"Learned AGA accepts notice for respondent Nos.1 to 3.
Sri. T.L. Kiran Kumar, learned counsel accepts notice for respondent No.4.
Copies to be served.
Issue emergent notice to respondent Nos.5 and 6 returnable by 12.08.2022.
2. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the documents produced by the petitioners, learned counsel for the petitioners submits that under identical circumstances in W.P.No.14413/2022 dated 20.07.2022, this Court has passed the following order:
"Sri. G.M.Chandrashekar, the learned Additional Government Advocate accepts notice for the first and second respondents. The petitioners have been excluded from the eligible voters list and they have filed this petition for directions to the concerned to permit them to vote in the upcoming elections and their request for interim order is also to cast votes. In support, Mr. Mohammed Tahir, the learned counsel for the petitioners, submits that the petitioners have been excluded from the eligible voters list without compliance with the provisions of Rule 13-D(2-A) of the 10 Karnataka Co-operative Societies Rules, 1960.
In consideration of these submissions and on perusal of the records, the petitioners are permitted to cast their votes in the upcoming elections for the constitution of the Board of the fifth respondent, but subject to further orders. The results of the elections shall be announced only with the leave of this Court. Issue emergent notice to the other respondents."
3. Said submission is placed on record.
4. In the meanwhile, petitioners are permitted to cast their votes in the ensuing election scheduled to be conducted on 09.08.2022. It is made clear that the permission granted in favour of the petitioners in this order and their voting in the said elections would be subject to the final outcome of this writ petition and the petitioners shall not claim any equities in this regard.
Re-list along with W.P.No.14413/2022 on 12.08.2022 under the caption 'orders'."
5. Learned counsel for the petitioners and learned AGA jointly submit that the results of the elections conducted on 09.08.2022 have been announced and the petition have been rendered infructuous in the light of the judgment of this Court in the case of H.S. Raju and others Vs. State of Karnataka - W.P.No.8502/2022 C/W W.P.No.8477/2022 dated 07.06.2022. It is therefore 11 submitted that even the present petition deserves to be disposed of in terms of the said petition.
6. A perusal of the material on record and the aforesaid judgment of this Court in the case of H.S. Raju's case (supra) will indicate that after directing the respondents to announce the results, this Court has disposed of the petition reserving liberty in favour of the parties to take recourse to such remedies as available in law including the remedy under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, if they are aggrieved by the results.
7. In view of the aforesaid judgment of this Court in H.S. Raju's case (supra), I am of the considered opinion that even the present petition deserves to be disposed of in terms of the said judgment.
8. In the result, I pass the following:
ORDER
(i) The petition is disposed of in terms of the order passed in H.S. Raju and others Vs. 12 State of Karnataka - W.P.No.8502/2022 C/W W.P.No.8477/2022 dated 07.06.2022.
(ii) Liberty is reserved in favour of the parties to take recourse to such remedies as available in law including raising a dispute under Section 70(2) of the Karnataka Co-operative Societies Act, 1959.
(iii) It is made clear that all rival contentions between the parties as well as the impleading applicants are kept open and no opinion is expressed on the same and this order is made without prejudice to the rights and contentions of all the parties including impleading applicants.
Sd/-
JUDGE Bmc