IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.51243/2019(CS-EL-M) BETWEEN:
HANUMANTHA GOWDA S/O K GAVIYANNA AGED ABOUT 61 YEARS DIRECTOR KARNATAKA STATE INDUSTRIAL SUPPLIES AND MARKETING CO-OPERATIVE FEDERATION LTD., R/AT FLAT NO.401, 4TH FLOOR NO.92, SRI BALAJI NIVAS, 3RD MAIN POORNAPRAGNA LAYOUT BANGALORE-560 001.
... PETITIONER (BY SRI.R.S.RAVI, ADVOCATE ) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATIVE SOCIETY MS BUILDING, BANGALORE-560 001.
2. COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY TTMC BUILDING, 3RD FLOOR SHANTHINAGAR, K.H. ROAD BANGALORE-560 027.
3. REGIONAL COMMISSIONER AND ELECTION OFFICER BANGALORE DIVISION, BANGALORE TTMC BUILDING, 2ND FLOOR SHANTHINAGAR, K.H. ROAD BANGALORE-560 027.
4. KARNATAKA STATE INDUSTRIAL SUPPLIES AND MARKETING CO-OPERATIVE FEDERATION LTD, 10TH FLOOR, VOKKALIGARA BHAVAN KITHUR RANI CHENNAMMA CIRCLE BANGALORE-560 027.
BY ITS MANAGING DIRECTOR.
... RESPONDENTS (BY SMT. H.C.KAVITHA, HCGP. FOR R1, SRI . RAJESH SHETTIGAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONDUCT THE ELECTION FOR THE POST OF PRESIDENT OF THE R-4 FEDERATION WITH IMMEDIATE EFFECT PURSUANT TO DIRECTION ISSUED BY THE R-2 BY LETTER DATED:22.10.2019 AS PER ANNEXURE-A AND PURSUANT TO PUBLISHING THE VOTER LIST DATED:04.11.2019 AS PER ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner claiming to be one of the Directors of 4th respondent-Karnataka State Industrial Supplies and Marketing Co-operative Federation Limited, Bengaluru has filed this writ petition seeking a direction to respondent Nos.2 and 3 to conduct election for the post of President of the said Federation.
2. By communication dated 11th October 2019, respondent No.4 has requested the Commissioner, Co- operative Election Authority, Bengaluru to conduct elections. In reply, on 22nd October 2019, the Commissioner, Co- operative Election Authority, Bengaluru has called upon the Regional Commissioner and Election Officer, Bengaluru to submit a proposal. Thus the process is in progress. In such a situation, this writ petition has been filed on 18th November 2019. No dereliction on the part of respondent Nos.2 and 3 is pointed out. In the circumstances, situation does not warrant issuance of mandamus to respondent Nos.2 and 3.
Resultantly, writ petition fails and same is accordingly dismissed.
Sd/- JUDGE *mn/-