Karnataka High Court
Dr D S Rayannawar vs The State Of Karnataka on 28 November, 2024
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NC: 2024:KHC-D:17439
WP No. 104584 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.104584 OF 2024 (CS-EL/M)
BETWEEN:
1. DR. D. S. RAYANNAWAR,
AGE: 73 YEARS, OCC: RETD,
R/O: PLOT NO. 14, ADARSH COLONY,
VISHWESHWARAYYA NAGAR,
BELAGAVI - 590 001.
2. DR. CHANDRASHEKAR MALAGI,
AGE: 72 YRS, OCC: RETD,
R/O: 24, ADARSH COLONY,
VISVESHWARAYYA NAGAR,
BELAGAVI - 590 001.
3. SMT. SAROJANI P. NARYANKAR
AGE: 76 YRS, OCC: HOUSEHOLD WORK,
R/O: PARVATI NAGAR, KANGRALI KH,
BELAGAVI - 590 001.
Digitally signed
4. SMT. RENUKA B. KORE,
by SAROJA
HANGARAKI
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
Location: High
Court of
R/O: ADARSH COLONY, VISVESHWARAYYA
Karnataka NAGAR, BELAGAVI - 590 001.
5. SMT. NIRMALA DEVI N. PAKALE,
AGE: 65 YEARS, OCC: RETD. GOVT. SERVANT,
R/O: ADARSH COLONY,
VISVESHWARAYYA NAGAR,
BELAGAVI - 590 001.
6. SRI RAMESH R. DODDAMANI,
AGE: 62 YEARS, OCC: ENGINEER,
R/O: ADARSH COLONY,
VISVESHWARAYYA NAGAR,
BELAGAVI - 590 001.
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WP No. 104584 of 2024
7. SMT. NANDA G. SHINGI,
AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
R/O: ADARSH COLONY,
VISVESHWARAYYA NAGAR,
BELAGAVI - 590 001.
8. SMT. SHARADA KALPATRI,
AGE: 63 YEARS, OCC: RETD, GOVT. SERVANT,
R/O: ADARSH COLONY,
VISVESHWARAYYA NAGAR,
BELAGAVI - 590 001.
9. SMT. AMBIKA SINDE,
AGE: 68 YRS, OCC: RETD,
R/O: ADARSH COLONY,
VISVESHWARAYYA NAGAR,
BELAGAVI - 590 001.
...PETITIONERS
(BY SRI CHETANA S. BIRAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATIVE SOCIETY,
VIKAS SOUDHA, BANGALORE.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY,
CO-OPERATIVE BUILDING, JEKKERIHONDA,
NEAR RAILWAY OVERBRIDGE, BELAGAVI.
3. THE DEPUTY DIRECTOR AND DISTRICT REGISTRAR
OF CO-OPERATIVE SOCIETY,
CO-OPERATIVE BUILDING, JEKKERIHONGA,
NEAR RAILWAY OVERBRIDGE, BELAGAVI.
4. THE ASSISTANT DIRECTOR OF
CO-OPERATIVE SOCIETY,
CO-OPERATIVE BUILDING, JEKKERIHONDA,
NEAR RAILWAY OVERBRIDGE, BELAGAVI.
5. SPECIAL OFFICER,
ADARSH GRUHA NIRMAN SAHAKARI
SANGH LTD., BELAGAVI,
REPRESENTED BY SRI. HARISH KAMBLE,
F.D.A JOINT DIRECTOR OF CO-OPERATIVE
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WP No. 104584 of 2024
SOCIETIES, BELAGAVI.
6. THE COMMISSIONER,
ELECTION COMMISSION AUTHORITY,
TTMC BUILDING, A BLOCK,
3RD FLOOR, SHANT NAGAR, BANGALORE.
7. THE RETURNING OFFICER,
ADARSH GRUHA NIRMAN SAHAKARI
SANGH LTD., BELAGAVI
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4;
NOTICE TO R5 AND R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER AT ANNEXURE-F DATED
14/06/2024 PASSED BY RESPONDENT NO.5 DATED 14/6/2024
BEARING NO. SPECIAL OFFICER/11/2023-24. ISSUE WRIT OF
CERTIORARI QUASHING THE ORDER AT ANNEXURE-J PASSED BY
RESPONDENT NO.7 DATED 14/6/2024. ISSUE WRIT OF MANDAMUS
DIRECTING THE RESPONDENT NO.5 AND 6 TO CONSIDER THE
REPRESENTATION/APPLICATION OF THE PETITIONERS AT
ANNEXURE-D DATED 11/7/2023 AND TO INITIATE ENQUIRE INTO
THE IRREGULARITIES IN THE MEMBERS/VOTERS LIST AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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WP No. 104584 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed seeking for the following reliefs:
i. Issue a writ of certiorari quashing the order at Annexure-F dated 14/06/2024 passed by respondent no.5 dated 14/6/2024 Bearing No. Special officer/11/2023-24.
ii. Issue writ of certiorari quashing the order at Annexure-J passed by respondent no.7 dated 14/6/2024.
iii. Issue writ of Mandamus directing the Respondent no.5 and 6 to consider the representation/application of the petitioners at Annexure-d dated 11/7/2023 and to initiate enquire into the irregularities in the members/voters list iv. Issue such other writ or order or direction as deemed fit in the interest of justice and equity.
2. It is forthcoming that the primary relief sought for in the writ petition pertains to the election that was scheduled to be held on 04.08.2024, pursuant to the calendar of events dated 14.06.2024 (Annexure-J to the writ petition). It is noticed that no interim order has been granted in the present -5- NC: 2024:KHC-D:17439 WP No. 104584 of 2024 writ petition and the election has been held on 04.08.2024 as scheduled.
3. In view of the aforementioned, no relief is required to be granted in the present writ petition.
4. However, the learned counsel for the petitioner submits that prayer No.(iii) made in the writ petition is for consideration of the representation of the petitioner dated 11.07.2023 to enquire into the irregularities in the members/voters list. It shall be open to the petitioners to give another representation pointing out the alleged irregularities and if such representation is made, the official respondents shall consider the same in accordance with law.
5. With the above observations, the writ petition is disposed off.
Sd/-
(C.M. POONACHA) JUDGE YAN/CT-ASC List No.: 1 Sl No.: 18