IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.Nos.32665/2019 & 33311-33318/2019(CS-EL/M) BETWEEN:
1. G.R. RAVIKUMAR S/O RUDRAPPA AGED ABOUT 40 YEARS R/AT STR ROAD BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
2. D. PUTTAPPA S/O LATE MARIYAPPA AGED ABOUT 70 YEARS R/AT POOJAR BEEDHI BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
3. CHANNABASAPPA T S/O LATE DODDAMALLAPPA AGED ABOUT 62 YEARS R/AT MARIKAMBA TEMPLE STREET, BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
4. NAGARAJAPPA T S/O LATE DODDAMALLAPPA AGED ABOUT 60 YEARS R/AT MARIKAMBA TEMPLE STREET, BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
5. HARISH S/O CHANNABASAPPA AGED ABOUT 40 YEARS R/AT MARIKAMBA TEMPLE STREET, BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
6. NAGARAJAPPA M S/O LATE HALAPPA AGED ABOUT 55 YEARS R/AT MARIKAMBA TEMPLE STREET, BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
7. PRAKASHA B.K S/O LATE KENCHAPPA AGED ABOUT 43 YEARS R/AT STR ROAD BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
8. CHANDRAPPA T S/O LATE BASAPPA AGED ABOUT 72 YEARS R/AT MARIKAMBA TEMPLE STREET, BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
9. S. KARIBASAPPA S/O LATE THIRTHAPPA AGED ABOUT 72 YEARS R/AT NO.82, MARIKAMBA TEMPLE STREET BELAGUTTI POST - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
(BY SRI. S.V. PRAKASH, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING BENGALURU - 560 001 BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE DISTRICT DAVANAGERE - 577 001.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE SUBDIVISION DAVANAGERE - 577 001.
... PETITIONERS 4. THE CO-OPERATIVE DEVELOPMENT OFFICER, HONNALI AND ELECTION COMMISSIONER, PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY LTD., BELAGUTTI - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT.
5. PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY LTD., BELAGUTTI - 577 223 NYAMATHI TALUK DAVANAGERE DISTRICT REPRESENTED BY ITS CHIEF PROMOTER.
... RESPONDENTS (BY SMT. .H.C. KAVITHA, HCGP FOR R-1 TO R-4) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT INCLUSION OF 100 ACRE (ONE HUNDRED) PERSONS IN THE VOTER LIST WHO ARE NOT THE MEMBERS OF R-5 SOCIETY AS ILLEGAL AND WITHOUT JURISDICTION AND QUASH THE CALENDAR OF EVENTS ISSUED BY THE R-4 TO CONDUCT ELECTION TO THE BOARD OF DIRECTORS OF THE R-5 SOCIETY PRODUCED AS PER ANNX-H DATED:18.07.2019.
THESE PETITIONS COMING ON FOR PRELIMINARY HEAING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.H.C.Kavitha, learned HCGP undertakes to take notice for respondents-1 to 4.
No notice is issued to respondent-5 since at the threshold itself this petition is being dismissed for reasons indicated herein below:
Fifth respondent-society which came to be registered on 16.09.2016 and which is at the infant stage, is pushed in to this litigation by petitioners- members of fifth respondent with a prayer to declare that inclusion of 100 persons in the voters list as illegal on the ground that they are not members of fifth respondent-society and thereby conducting of elections to the Board of Directors of fifth respondent –society would be illegal. Hence, petitioners have sought for a writ of certiorari being issued by quashing the calendar of events issued by fourth respondent calling for nomination for conducting election to the Board of Directors of fifth respondent – society vide Annexure-H.
2. The question as to whether inclusion of 100 persons in the voters list is improper, erroneous or illegal would be a question of fact. As such, this Court is not inclined to entertain this writ petition.
Accordingly, reserving liberty to the petitioner to challenge the results of election by raising a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 these petitions stand rejected.
SD/- JUDGE *sp