IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S. SUJATHA WRIT PETITION No.2238 OF 2019(CS-EL/M) BETWEEN :
K.Beera Moideen S/o Late Mohammed Haji, Aged about 64 years, R/at: Haji House, Kanak Majalu Village and Post, Sullia Taluk, D.K.District-574 223 …Petitioner (By Sri. Lethif, Advocate.) AND:
1. The State of Karnataka Represented by its Secretary, Department Co-operatiion, M.S.Building, Bengaluru-560 001.
2. The Returning Officer, Sullia Taluk Minority Large Scale Multi-Purpose Co-operative Society Ltd., Nayar Commercial Complex, Gandhinagar, Sullia, D.K.District-574 239.
3. The Secretary, Sullia Taluk Minority Large Scale Multi-Purpose Co-operative Society Ltd., Nayar Commercial Complex, Gandhinagar, Sullia, D.K.District-574 239.
The Tahsildar Bantwal Taluk, D.K.District-574 001.
4. The Joint Registrar, Co-operative Society, Mysuru Division, Mysuru, Mysuru District-577 101.
5. K.M.Ismail, S/o Mohammed, Mahor, R/at:Padpunangadi House, Kalmadka Village, Sullia Taluk, D.K.District-574 2369.
… Respondents (By Sri. A.K.Vasanth, AGA for respondent No.1,2, and 4) This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the entire election proceedings dated 26.12.2018 conducted by the respondent No.2 to the post of President to the respondent No.3 co-operative Society which is produced at Annexure-A and to direct the respondent No.2 to hold re-election to the post of president and vice-president as per law to the respondent No.3 to C-operative Society.
This writ petition coming on for preliminary hearing, this day the Court made the following:-
O R D E R Learned Additional Government Advocate accepts notice for Respondent Nos.1, 2 & 4.
1. Petitioner has challenged the proceedings of the election conducted by the Respondent No.2 to the post of President of the Sullia Taluk Minority Large Scale Multi Purpose Co-Operative Society Limited.
2. It is well settled law that no writ petition is maintainable subsequent to the calendar of events issued by the competent authority for conducting election of the co-operative societies. Now elections are over and the alternative remedy available under Section-70 of the Karnataka Co-Operative Societies Act, 1959 has not been availed by the petitioner. The writ petition filed by the petitioner, circumventing the alternative and efficacious remedy available under the Act, is not maintainable.
Accordingly, the writ petition is dismissed, with liberty to the petitioner to resort to appropriate proceedings in accordance with law.
Sd/- JUDGE Vr.