Karnataka High Court
Smt H.A. Shashikala vs The State Of Karnataka on 6 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.16373 OF 2022 [CS-EL/M]
BETWEEN:
SMT H.A. SHASHIKALA
AGED ABOUT 38 YEARS
W/O A S SRINIVAS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
... PETITIONER
(BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION
M S BUILDINGS
BENGALURU - 560 001
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.1, ALIASKAR ROAD
CUNNINGHAM ROAD
BENGALURU - 560 052
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
SUBHASHNAGAR
MANDYA DISTRICT - 573 201
4. THE RETURNING OFFICER
AGRAHARA BACHAHALLI MILK PRODUCERS WOMENS
CO-OPERATIVE SOCIETIES LTD
2
K R PETE TALUK
MANDYA DISTRICT - 571 426
5. SMT CHANDRIKA
W/O BOREGOWDA
AGED ABOUT 35 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
6. SMT SHASHIKALA
W/O JAVAREGOWDA
AGED ABOUT 33 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
7. SMT BHAGYA
W/O DEVARAJ
AGED ABOUT 45 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
8. SMT RATHNA
W/O NAGENDRA
AGED ABOUT 48 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
9. SMT PRABHAVATHI
W/O A H ASHOKA
AGED ABOUT 42 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
10 . SMT NAGAMMA
W/O SHANKAREGOWDA
AGED ABOUT 50 YEARS
R/A AGRAHARA BACHAHALLI
3
K R PETE TALUK
MANDYA DISTRICT - 571 426
11 . SMT SUNANDA
W/O JAYARAMEGOWDA
AGED ABOUT 50 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
12 . SMT NAGAMMA
W/O KRISHNEGOWDA
AGED ABOUT 55 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
13 . SMT ROOPA
W/O KUMARA
AGED ABOUT 32 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
14 . SMT GEETHA
W/O KUMAR
AGED ABOUT 40 YEARS
R/A AGRAHARA BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT - 571 426
...RESPONDENTS
(BY SMT. H.C.KAVITHA, HCGP FOR R1 TO R4;
SRI. T.B.SANDESH, ADVOCATE FOR R5 TO R15)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
A) ISSUE A WRIT OF CERTIORARI QUASHING THE
IMPUGNED NOTIFICATION DATED 12.08.2022 ISSUED BY
THE 4TH RESPONDENT VIDE ANNEXURE-D AS ARBITRARY
4
ILLEGAL AND VOID; B) DECLARE THE IMPUGNED
NOTIFICATION DATED 12.08.2022 ISSUED BY THE 4TH
RESPONDENT VIDE ANNEXURE-D AS ARBITRARY ILLEGAL
AND VOID AND TO PASS APPROPRIATE SUITABLE ORDERS
IN THE INTEREST OF JUSTICE AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has sought for the following relief:
"a) Issue a writ of certiorari quashing the impugned notification dated 12.08.2022 issued by the 4th Respondent vide Annexure-D as arbitrary illegal and void.
b) Declare the impugned notification dated 12.08.2022 issued by the 4th respondent vide Annexure-D as arbitrary, illegal and void and to pass appropriate suitable orders in the interest of justice.
c) Issue any other incidental order or direction as this Hon'ble Court deems fit and proper in the ends of justice. "
2. Heard learned counsel for the petitioner, learned High Court Government Pleader for 5 respondent Nos.1 to 4 and learned counsel for respondent Nos.5 to 15. Perused the material on record.
3. Before preferring the present petition, the petitioner herein had sought for impleadment in W.P.No.15766/2022 which was disposed on 12.08.2022, by holding as under:
"3. On 08.08.2022, 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 22.08.2022.
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.6
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 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'."
4. Learned counsel for the petitioners and learned AGA jointly submit that 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 7 07.06.2022. It is therefore submitted that even the present petition deserves to be disposed of in terms of the said petition.
5. 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.
6. 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.
7. 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. State of Karnataka - W.P.No.8502/2022 C/W W.P.No.8477/2022 dated 07.06.2022.
(ii) The concerned respondents are directed to announce the results of the aforesaid elections 8 forthwith, including the votes cast by the petitioners in this petition.
(iii) 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.
(iv) 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.
4. As can be seen from the aforesaid order passed by this Court, the elections to the Board of Management of respondent No.15 - Society was conducted on 09.08.2022 and results have been declared on 09.08.2022 and consequently, in terms of the order passed by the Co-ordinate Bench in 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, this Court had disposed of the writ petition. Subsequently, elections were conducted 9 in respect of the post of President and Vice-president and the same were notified on 12.08.2022.
5. The petitioner who was impleading applicant in W.P.No.15766/2022 has preferred the present petition challenging the election scheduled to be held on 20.08.2022 in relation to the post of President and Vice-president of respondent No.15 - Society.
6. On 18.08.2022, this Court directed that the elections scheduled to be held on 20.08.2022 to the post of President and Vice-president of respondent No.15 - Society would be subject to the final outcome of this petition. Subsequently, the said election having been held and the results also been announced.
7. Under these circumstances, nothing further survives for consideration in the present writ petition and without expressing any opinion on the merits/demerits of the rival contentions, the petition deserves to be disposed of reserving liberty in favour 10 of the petitioner and all other concerned authorities 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. All rival contentions are kept open and no opinion is expressed on the merits/demerits of the rival contentions.
Subject to the aforesaid directions and liberty reserved in favour of the parties, the petition stands disposed off.
Sd/-
JUDGE RR