IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NOs.32016-32023/2019(CS-EL/M) BETWEEN:
1. H.D. REVANNA S/O H.D. DEVEGOWDA AGED ABOUT 61 YEARS R/O PADUVALAHIPPE VILLAGE & POST, HOLENARASIPUR TQ HASSAN DIST., DIRECTOR HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., B.M. ROAD, HASSAN – 573 201.
2. R. SRINIVAS S/O B. RAMAIAH AGED ABOUT 45 YEARS R/O K. MUTHUGADAHALLY CHEEMANAGALA POST SHIDLAGATTA TQ, DIRECTOR KOLAR-CHICKABALLAPUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., KOLAR – 563 102.
3. HANUMANTHGOWDA GOVINDEGOWDA HIREGOWDAR S/O GOVINDEGOWDA AGED ABOUT 69 YEARS R/O HULAKOTI, GADAGA DIRECTOR, DHARWAR-HAVERI-GADAG & UTTARA KANNADA CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., DHARWAD – 580 004.
4. K.S. KUMAR S/O SIDDEGOWDA AGED ABOUT 43 YEARS R/O KEMPANAHALLY HUSAINPURA POST BILIKERE HOBLI, HUNSUR TQ DIRECTOR, MYSORE CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MYSORE – 570 011.
5. SRISHAILA GOWDA B PATIL S/O BIMANAGOWDA AGED ABOUT 56 YEARS R/O SAMRUDHI NIVAS 749, VIVEKANAGARA WEST VIJAYAPUR DIST, DIRECTOR VIJAYAPURA & BAGALKOTE CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD VIJAYAPURA – 586 103.
6. KAAPU DIWAKARASHETTY S/O BABUSHETTY AGED ABOUT 61 YEARS R/O SAI PREM ULIVAIRGULI VILLAGE KAAPU – 574 106 DIRECTOR, DAKSHINA KANNADA CO –OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MANGALORE – 575 005.
7. C. VEERABADRA BABU S/O CHELLURAIAH AGED ABOUT 58 YEARS R/O KAYATHAGODANAHALLY CHALLAKERE TQ, DIRECTOR SHIMOGGA CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., SHIMOGGA- 577 222.
8. MARUTHI KASHAMPUR S/O MANIKAPPA KASHAMAPUR AGED ABOUT 52 YEARS R/O OLD CIVIL HOSPITAL BIDAR DIRECTOR KALBURGI-BIDARK & YADGIR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., KALBURGI – 585 104.
... PETITIONERS (BY SRI. JAYAKUMAR S PATIL, SR. COUNSEL A/W SRI. VARUN J PATIL, ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA M.S. BUILDING BANGALORE – 560 001.
2. THE REGISTRAR OF COOPERATIVE SOCIETIES, ALIASKAR ROAD BANGALORE – 560 001.
3. THE REGIONAL COMMISSIONER & ELECTION OFFICER, BANGALORE DIVISION, IIND FLOOR, K.H. ROAD SHANTHINAGAR, BANGALORE – 27.
4. THE CO-OPERATIVE ELECTION COMMISSIONER T.T.M.C. BUILDING SHANTHINAGARA BANGALORE – 27.
5. THE RETURNING OFFICER KARNATAKA MILK FEDERATION KMF COMPLEX, DR. H.M. MARIGOWDA ROAD, BANGALORE – 560 029.
6. THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, DR. M.H. MARIGOWDA ROAD, BANGALORE – 560 029.
... RESPONDENTS (BY SRI. PRABHULING K NAVADAGI, AG A/W SMT. H.C. HAVITHA, HCGP FOR R-1, R-2, R-3 & R-5; SRI. G.V. SHASHIKUMAR, ADVOCATE FOR R-4;
SRI. G. KRISHNAMOORTHY, SR. COUNSEL A/W SRI. PRASANNA, ADVOCATE FOR R-6;
SRI. P.N. MANMOHAN, ADVOCATE FOR SRI. C.H. ANJANA, ADVOCATE FOR IMPLEADING APPLICANTS) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:29.07.2019 PASSED BY R-1 VIDE ANNEXURE-C AND DIRECT R-5 TO CONTINUE THE ELECTION PROCESS FROM THE STAGE AT WHICH ELECTION TO THE POST OF PRESIDENT OF R-6 FEDERATION WAS INTERRUPTED.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Jayakumar S. Patil, learned Senior counsel appearing for petitioners, Sri. Prabhuling K. Navadagi, learned Advocate General appearing on behalf of Smt. H.C.Kavitha, HCGP for respondent Nos. 1 to 3 and 5, Sri. G.V. Shashikumar, learned Advocate appearing for respondent No.4 and Sri. G.
Krishnamoorthy, learned Senior counsel appearing on behalf of Sri. B.R. Prasanna, learned counsel appearing for respondent No.6.
2. Elections to the post of President of Karnataka Milk Federation- respondent No.6 as per the calendar of events- Annexure-A dated 18.07.2019 which had been declared came to be postponed by impugned order dated 29.7.2019-Annexure-C by first respondent and same has been called in question by petitioners raising several grounds including the power available under Section 121 of The Karnataka Cooperative Societies Act, 1959 to the appropriate Government.
3. Perusal of the calendar of events- Annexure- A would disclose that filing of nomination had to commence on 29.07.2019 from 9.30 a.m and was to end at 1.00 p.m on the same day. However, by virtue of impugned order dated 29.7.2019 said election stood postponed.
4. Today, Sri. Prabhuling K. Navadagi, learned Advocate General appearing on behalf of respondent Nos.1 to 3 and 5 would fairly submit that election process which came to stalled on account of various reasons would now be held and Government would now take steps to hold election on 31.08.2019 by continuing the process from the stage of filing of nominations. His submission is placed on record.
5. In that view of the matter without expressing any opinion with regard to power available under Section 121 of The Karnataka Cooperative Societies Act, 1959, second prayer of petitioners stands addressed to, and placing the undertaking given to the Court by learned Advocate General on record, this petition stands disposed of by directing the respondent No.5 to continue with the process of conducting election to the post of president of respondent No.6- Federation by continuing the same from the stage of filing of nomination and concluding the election on 31.08.2019 as undertaken by learned Advocate General.
Ordered accordingly.
In view of disposal of writ petitions, interlocutory applications pending do not survive for consideration and without expressing any opinion on merits, I.A.2/19 stands consigned to its record.
SD/- JUDGE RU