Karnataka High Court
WP/35897/2024 of SRI ESHWARAPPA Vs DEPARTMENT OF CO OPERATION on 31 December 2024
2024:KHC:53349 WP No. 35897 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.35897 OF 2024 (CS-EL/M) BETWEEN: SRI. ESHWARAPPA, S/O. SRI. BASETTAPPA, AGED ABOUT 75 YEARS, MEMBER OF
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
NC: 2024:KHC:53349
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.35897 OF 2024 (CSEL/M)
BETWEEN:
SRI. ESHWARAPPA,
S/O. SRI. BASETTAPPA, AGED ABOUT 75 YEARS, MEMBER OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, HAVING SL NO.48, SHARE NO.19/07, R/O. HEGGERI, CHORADI POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 423.
…PETITIONER
(BY SRI. PRASHANTH H. S., ADVOCATE)
AND:
1. DEPARTMENT OF CO-OPERATION,
M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3[RD] FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU - 560 027, REPRESENTED BY ITS SECRETARY.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201.
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SHIVAMOGGA, SUB-DIVISION, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 201.
5. SRI. NAGARAJ T. K., THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, CHORADI, KUMADVATI HIGH SCHOOL, CHORADI, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 423.
CHORADI, KUMADVATI HIGH SCHOOL,
6. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, CHORADI, KUMADVATI HIGH SCHOOL, CHORADI, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 423, REPRESENTED BY ITS SECRETARY.
7. SRI. C. V. RUDRESH, S/O. SRI. VEERABHADRAPPA, S/O. SRI. VEERABHADRAPPA, R/O. CHORADI VILLAGE, CHORADI POST, SHIVAMOGGA TALUK, SHIVAMOGGA - 577 423.
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R-1 TO R-4.,ADVOCATE) FOR R-1 TO R-4.,ADVOCATE)
…RESPONDENTS
THIS WP IS FILED PRAYING TO A) SET ASIDE THE COMMUNICATION CUM DECLARATION DATED 23/12/2024,
NC: 2024:KHC:53349WP No. 35897 of 2024
BEARING NO. NIL, ISSUED BY THE R5, VIDE ANN-A AND CONSEQUENTLY DIRECT THE R5 TO WITHDRAW THE CERTIFICATE DATED 23/12/2024, ISSUED BY R5 VIDE ANN-B ISSUED TO DECLARE THE R7 AS WINNER OF DIRECTORS ELECTIONS UNDER BCM (B) CATEGORY TO THE R6 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
"a. Issue a writ of certiorari to set aside the communication cum declaration dated 23.12.2024, bearing No. nil, issued by the 5[th] Respondent, vide Annexure - A and consequently direct the 5[th]Respondent to withdraw the certificate dated 23.12.2024, issued by 5[th]respondent vide Annexure - B issued to declare the 7[th] Respondent as winner of directors elections under BCM (B) category to the 6[th] Respondent.
b. Issue a Write of Mandamus to the 5[th] Respondent to accept the nomination of the Petitioner for the post of director of the 6[th] Respondent Society to be held on 29.12.2024 under BCM (B) Category and to conduct free and fair elections.
c. Pass such other order or orders as this Hon'ble Court deems fit to grant under the facts and circumstances of the case.
2. In the present petition, the petitioner is challenging the election of the respondent. If the petitioner is aggrieved by the same, the petitioner always has a remedy to challenge the same by way of Election Petition. election of the respondent. If the petitioner is aggrieved by the same, the petitioner always has a remedy to challenge the same by way of Election Petition.
3. The writ petition is hereby dismissed.
4. Liberty is reserved in favour of the petitioner as aforesaid.
SD/- (SURAJ GOVINDARAJ) JUDGE
ASN
List No.: 2 Sl No.: 37