IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT APPEAL NO. 6760/2017 (CS-EL/M) BETWEEN:
Jagadeeshappa Banakar S/o Siddappa Banakar Age 63 years, R/o Hanagavadi Village Hariyara Tq Davanagee Dist 577222. … Appellant (By Sri Y.R. Sadashiva Reddy, Sr. Counsel a/w Sri Devi Prasad Shetty, Advocates) AND:
1. The State Co-operative Election Authority, 3rd Floor, Shanthi Nagar, T.T.M.C. ‘A’ Block, Shanthi Nagar, Bangalore-27, Rep. by its Secretary.
2. The Joint Registrar of Cooperative Societies, Bengaluru Region, Pampamahakavi Road, Chamarajapet, Bengaluru-560018.
3. Shivamogga, Davanagere and Chitradurga Dist Co-op Milk Producers Societies Union Ltd. Machenahalli, Nidige Post, Shivamogga- 577222 Represented by its Managing Director.
4. Assistant Commissioner Appointed as the returning officer For Shivamogga, Davanagere and Chitradurga Dist. Co-op Milk Producers Societies Union Ltd. Shivamogga Division Shivamogga – 572222. …Respondents (By Sri.Keshava Reddy, Adv. for R-1; Sri.D.Aswathappa, AGA for R-2 & R-4; Sri.Ravindranath, Adv. for R-3; Sri.Jayakumar S. Patil, Senior Counsel a/w Sri.Chandrakanth R. Patil, Adv. for impleading applicant) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to allow the above Writ Appeal by setting aside the order dated 04/12/2017 passed in the Writ Petition No.53990/2017 and consequently granting an interim order as prayed in the Writ Petition.
This Writ Appeal coming on for Orders this day, B.S.Patil, J, delivered the following:-
J U D G M E N T This intra-Court appeal is filed by the Writ Petitioner making a grievance that the learned Single Judge ought to have granted an exparte interim order as prayed for in the Writ Petition, staying the notice - Annexure-M enclosed to the Writ Petition whereby calendar of events for conducting election to the post of Director of Shivamogga, Davanagere and Chitradurga District Co-operative Milk Producers Societies Union Limited was scheduled to be held on 7.12.2017 at 1.00 p.m.
2. Appellant was elected as President of the third respondent - Milk Union on 31.7.2016. According to him, he had submitted a letter dated 31.7.2017 addressed to the Managing Director of the third respondent informing him that some mischief was being played by creating a resignation letter attributing it to the appellant showing as if he was resigning to the post of President held by him in the third respondent- Milk Union. It is his further case that on 31.10.2017, a letter of resignation was created by misusing his signature put on a blank white paper showing that he had resigned from the Post of President. It was alleged in the Writ Petition that such letter was created by the third respondent and that he did not give the resignation letter. It has to be noticed here that the Managing Director has not been impleaded as a party – respondent to the Writ Petition.
3. When the writ petition came up for admission, learned Single Judge ordered notice to the respondents and ex-parte interim order sought was not granted. Hence aggrieved by the same, the present writ appeal is filed.
4. On 6.12.2017, after hearing learned Senior counsel Sri Y.R.Sadashiva Reddy appearing for the appellant, by way of an interim measure, it has been ordered that while election process commenced by issuing calendar of events for electing the President of the third respondent – Shivamogga, Davanagere and Chitradurga District Co-operative Milk Producers Societies Union Limited could go on and announcement of results shall be deferred till the next date of hearing. In this background, the matter has again come up before the Court.
5. The Managing Director of the third respondent - Milk Union has filed statement of objections to the interim application filed for stay. He has stated in the objections that appellant had voluntarily submitted his resignation letter on 31.10.2017 in person; after receipt of the said resignation letter and on expiry of 15 days, the same became final in terms of the provisions contained under Section 29-B of the Karnataka Co-operative Societies Act and on 18.11.2017 he forwarded the said resignation letter to the first respondent – State Co- operative Election Authority at Bengaluru. He has further asserted that he has performed his duties in accordance with law. He has denied the allegations made against the third respondent regarding creation of the resignation letter in collusion with the other Directors.
6. We have heard Sri Y.R.Sadashiva Reddy, learned Senior counsel appearing for the appellant, Sri Jayakumar S.Patil, learned Senior counsel appearing for the impleading applicant, Sri Keshava Reddy, learned counsel for respondent No.1, and Sri Dayanand S.Patil, learned counsel for respondent No.3.
7. After the interim order was passed, respondents have conducted election on 7.12.2017. But, the results have not been announced in view of the order passed by this Court. An impleading application – IA-4/2017 has been filed by one Sri H.N.Vidyadhara to get himself impleaded as party respondent No.5 in this appeal.
8. Sri Jayakumar S.Patil, learned Senior counsel submits that the impleading applicant has participated in the election and was the lone candidate who contested for the post of President of the respondent – Milk Union. He urges that the impleading application may be allowed and the interim order granted earlier may be vacated.
9. Upon hearing the learned Counsel for all the parties, we find that the questions raised before this Court are disputed questions of fact and the same are seized by the learned Single Judge. Learned Single Judge has not thought it fit to grant any ex-parte interim order. Having regard to the seriousness of the allegations made, this Court found it fit to call upon the third respondent to have its say. In the meanwhile, interim order to conduct the election with a rider that the results shall not be announced was passed.
10. Respondent No.3 has filed objections. It has denied the role in creating the resignation letter and has asserted that the resignation letter was submitted in person by the appellant. The appellant has also not denied his signature on the letter of resignation but has alleged that the signature put on the blank paper has been misused by the third respondent. Since these are disputed questions of fact, we do not wish to express any opinion on the issue. As the matter is being adjudicated by the learned Single Judge, all that can be said is that the Election conducted shall be subject to the result of the Writ Petition. If the appellant succeeds in the Writ Petition, appropriate orders will follow. Accordingly, this appeal is disposed of.
The results of the Election which is held pursuant to the interim order passed shall be announced and the same shall be subject to the result of the Writ Petition.
In view of the above, the impleading application is disposed of as having become unnecessary. If necessary, the impleading applicant may move the learned Single Judge to come on record.
With the above observations, the Writ Appeal is disposed of. Consequently, all other pending applications stand disposed of.
Sd/- JUDGE Sd/- JUDGE RS/* ct – pgg