Karnataka High Court
WP/35790/2024 of SMT A N BHANUMATHI Vs RETURNING OFFICER on 31 December 2024
2024:KHC:53317 WP No. 35790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35790 OF 2024 (CS-EL/M) BETWEEN: SMT. A.N. BHANUMATHI, W/O. JAYARAJ B.M., AGED ABOUT 49 YEARS, R/AT MAIN
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ -WRIT PETITION NO. 35790 OF 2024 (CSEL/M)
BETWEEN:
SMT. A.N. BHANUMATHI, W/O. JAYARAJ B.M., AGED ABOUT 49 YEARS, R/AT MAIN ROAD, KODLIPETE, SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
…PETITIONER
(BY SRI. VIJAY KUMAR T, ADVOCATE)
AND:
1. RETURNING OFFICER,
NO. 2754, KODLIPET PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIETY, KODLIPET, SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
2. CHIEF EXECUTIVE OFFICER,
NO. 2754, KODLIPET PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, KODLIPET, SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
3. SMT. NIRMALA,
W/O LATE NAGARAJ, AGED ABOUT 58 YEARS, R/O MAIN ROAD, KODLIPET,
NC: 2024:KHC:53317
SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
4. SMT. PUSHPALATHA K.M, W/O SANTOSH, AGED ABOUT 35 YEARS, R/O DODDAKODLI VILLAGE, KODLIPET, SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
5. SMT. RANJITHA. B.K,
W/O LOKESH, AGED ABOUT 30 YEARS, R/O KERAGANAHALLI VILLAGE, KODLIPET, SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
6. SMT. VEENA N.H, W/O HEMA CHANDRA, AGED ABOUT 45 YEARS, W/O HEMA CHANDRA, AGED ABOUT 45 YEARS, R/O NEERGUNDA VILLAGE, KODLIPET, SOMWARPET TALUK, KODAGU DISTRICT - 571 231.
7. SMT. SUMITHRA @ INDRA,
W/O VENKATESH, AGED ABOUT 35 YEARS,
R/O BEMBALURU VILLAGE, KODLIPET,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 231.
…RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R-1; NOTICE TO R-2 TO R-7 IS DISPENSED VIDE ORDER DT.31.12.2024)
***
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED NOTICE OF MEETING DATED 22/12/2024 BEARING NO. PADHADHIKARI CHUNAVANE 1/2024-25 ISSUED BY THE RESPONDENT NO.1 CALLING UPON THE MEETING FOR SELECTION OF PRESIDENT AND VICE-PRESIDENT TO THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, KODLIPET, SOMWARPET TALUK, TO BE HELD ON 02/01/2025, VIDE ANN-H AND DIRECT THE RESPONDENT NO.1 TO RECOUNT THE VOTES / BALLOT PAPERS OF THE ELECTION HELD ON 21/12/2024 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
" A) Issue writ of certiorari or any other appropriate writ, directions or order to quash the impugned notice of meeting dated 22/12/2024 bearing No. padhadhikari Chunavane 1/2024-25 issued by the respondent No.1 calling upon the meeting for selection of President and Vice-President to the Primary Agricultural Credit Co-operative Society, Kodlipet, Somwarpet Taluk, to be held on 02/01/2025, vide Ann-H and direct the respondent No.1 to recount the votes / ballot papers of the election held on 21/12/2024, in the interest of justice and equity. the respondent No.1 to recount the votes / ballot papers of the election held on 21/12/2024, in the interest of justice and equity.
b) Grant such others reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
2. The petitioner is an unsuccessful candidate in the election and she has filed an Election Petition. If that were to be so, reserving liberty to the petitioner to seek for the reliefs which have been sought in the present petition, in the pending Election Petition, the petition stands disposed of. election and she has filed an Election Petition. If that were to be so, reserving liberty to the petitioner to seek for the reliefs which have been sought in the present petition, in the pending Election Petition, the petition stands disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
BMV* List No.: 1 Sl No.: 48 CT: BHK