Diwakara Acharya T vs The State Of Karnataka on 21 February, 2014

[Cites 2, Cited by 8]

Karnataka High Court

Diwakara Acharya T vs The State Of Karnataka on 21 February, 2014

Bench: B.S.Patil

                              1



      IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 21ST DAY OF FEBRUARY, 2014

                            BEFORE

            THE HON'BLE MR.JUSTICE B.S.PATIL

               W.P.No.9454/2014 (CS-EL/M)

BETWEEN

DIWAKARA ACHARYA T
S/O LATE SESAPPA ACHARYA
AGED ABOUT 50 YEARS
DHANUSH COMPLEX
SWARNACHANDRA JEWELLERS
HOSA GADDE KERI
ASHOKNAGARA POST
KOTTARA CHOWKI, MANGALORE TALUK
DAKSHINA KANNADA DIST-575 006.
                                            ... PETITIONER
(By Sri.B.S.PRASAD, ADV.)

AND

1.     THE STATE OF KARNATAKA
       REP BY ITS SECRETARY
       BANGALORE-560001

2.     THE KARNATAKA STATE INDUSTRIAL
       CO-OPERATIVE SOCIEITIES
       ALI AKSAR ROAD
       BANGALORE-560001
       REPRESENTED BY ITS REGISTRAR

3.     THE ASSISTANT REGISTRAR OF
       INDUSTRIAL CO-OPERATIVE SOCIETY
       MANGALORE SUB DIVISION
       MANGALORE 575 006

4.     THE RETURNING OFFICER
       S K GOLDSMITHS INDUSTRIAL
       CO-OPERATIVE SOCIETY LTD
       VISHWA SOUDHA
                                 2



      KOTTARACHOWKI
      MANGALORE-575006
      AND ALSO AT ASSISTANT DIRECTOR
      OF AUDIT CO OPERATIVE SOCIETIES
      MANGALORE-570006

5.    S K GOLDSMITHS INDUSTRIAL
      CO-OPERATIVE SOCIETIES LTD.
      REPRESENTED BY ITS MANAGER
      ADMINISTRATIVE OFFICE AT
      VISHWASOUDHA
      N H 66, KOTTARACHOWKI
      ASHOKNAGARA POST
      MANGALORE-575006 (DK).
                                                ...RESPONDENTS
(By Sri.T.L.KIRAN KUMAR, AGA FOR R1)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
CALENDAR OF EVENTS DATED 3.2.2014 ISSUED BY R-4 VIDE
ANN-A AND ETC.

    THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

1. Learned Additional Government Advocate takes notice for respondent No.1.

2. In this writ petition, petitioner is calling in question the calendar of events published on 03.02.2014 for holding elections to S.K. Goldsmiths Industrial Co-operative Society Limited, Mangalore. The election is scheduled to be held on 23.02.2014 for electing Board of Directors of the Society. 3

3. Learned counsel for the petitioner has urged several grounds contending that entire process of election is vitiated because there is no valid voters list prepared and names of several persons who have died find place in the voters list and that no revised voters list has been published.

4. Learned Additional Government Advocate on instructions submits that the allegations made by the petitioner are unfounded.

5. Election process having already commenced, this Court will be very slow in interfering with the calendar of events published. If any illegality is committed, it will be always open to the petitioner to raise a dispute once the election is over. Reserving such liberty, this writ petition is dismissed.

Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.

Sd/-

JUDGE VP

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