Shivakumar R C vs the State of Karnataka

Shivakumar R C vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Mar 27, 2025

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Citation: sooperkanoon.com/1658751
Court: Karnataka Orders High Court
Judge: Suraj Govindaraj
Decided On: Mar 27, 2025
Case Number: WP/3501/2025

Parties & Advocates

Appellant / Petitioner

Shivakumar R C

Respondent

The State of Karnataka

Excerpt

.....detail come to a categorical conclusion that any irregularity in the conduct of election a petition under article 226 of the constitution of india would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under section 70 (2) of the karnataka co-operative societies act, 1959 after the announcement of the results by counting even the vote cast by the petitioner.3. the said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. w.p.no.8502/2022 dated 7.6.2022 -4-4. in that view of the matter, i pass the following:orderi. the writ petition is disposed of. ii. the returning officer is directed to announce the result within seven days from date of the receipt of a copy of this order by taking into account the vote cast by the petitioner in the above matters. iii. in the event of any proceeding being filed in relation to the results of the election under section 70 (2) of the karnataka co-operative societies act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this court has not expressed any opinion on those issues. iv. the vote cast by the petitioner which had been directed to be kept in separate box shall continue to be retained in a separate box until -5- the disposal of the dispute if any raised within the time frame prescribed. sd/- (suraj govindaraj) judge sr list no.: 1 sl no.: 89

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3501 OF 2025 (CS-EL/M) BETWEEN: SHIVAKUMAR R C S/O CHANDRAMMA R S, AGED ABOUT 59 YEARS R/O RAJAGHATTA VILLAGE KASABA HOBLI DOBALLAPURA TALUK BENGALURU RURAL DISTRICT …PETITIONER (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING BENGALURU -560001 REP BY ITS PRINCIPAL SECRETARY
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
Digitally signed        3RD FLOOR TTMC A BLOCK
by SHWETHA              SHANTI NAGAR
RAGHAVENDRA             BANGALORE- 560027
Location: HIGH          REP BY ITS SECRETARY
COURT OF KARNATAKA
3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES /DISTRICT ELECTION OFFICER DC OFFICE PREMISES BEERSANDRA VILLAGE DEVANHALLI TALUK BENGALURU RURAL DISTRICT -562110
4. RETURNING OFFICE TALUK PRIMARY CO-OPERATIVE AGRIGULATURE AND RURAL DEVELOPMENT BANK LTD. BENGALURU RURAL -561203 -2-
5. TALUK PRIMARY CO-OPERATIVE AGRICULRTURE
AND RURAL DEVELOPMENT BANK LTD, DODDABALLAPURA BENGALURU RURAL DISTRICT -561203 REP BY ITS CHIEF EXECUTIVE OFFICER (REG UNDER THE KARNATAKA CO-OPERATIVE SOCIETES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3, R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 5 INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULE TO BE HELD ON 16.02.2025 AS PER THE CALENDAR OF EVENTS PRODUCED AT ANNEXURE -A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. This Court by way of various interim orders had

permitted the petitioner who is declared to be ineligible voter to cast his vote in the election of the Society, subject to the result of the writ petition and -3- that the vote cast by the petitioner shall be kept in separate ballot box.

2. A Coordinate Bench of this Court in the case of

H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail come to a categorical conclusion that any irregularity in the conduct of election a petition under Article 226 of the Constitution of India would not be the proper remedy any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regard the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959 after the announcement of the results by counting even the vote cast by the petitioner.

3. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matter. W.P.No.8502/2022 dated 7.6.2022 -4-

4. In that view of the matter, I pass the following:

ORDER

i. The Writ Petition is disposed of. ii. The Returning Officer is directed to announce the result within seven days from date of the receipt of a copy of this order by taking into account the vote cast by the petitioner in the above matters. iii. In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues. iv. The vote cast by the petitioner which had been directed to be kept in separate box shall continue to be retained in a separate box until -5- the disposal of the dispute if any raised within the time frame prescribed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 89

Same Court & Year Karnataka Orders · 2025 Same Parties Shivakumar R C vs The State of Karnataka Same Judge Suraj Govindaraj