IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.49934 OF 2013 (CS-EL/M) BETWEEN:
NEELAVANKI VSSN SOCIETY NABUVARAPALU, SRINIVASAPURA TQ.
KOLAR DISTRICT, BY ITS PRESIDENT, N.S.SHANKER. ...PETITIONER (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S.BUILDING, BANGALORE. REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. STATE ELECTION COMMISSION FOR COOPERATION KARNATAKA STATE CO-OPERATIVE HOUSING FEDERATION 2ND FLOOR, KARIYAPPA ROAD, BASAVANAGUDI, BANGALORE – 560 001.
3. ASSISTANT COMMISSIONER/ RETURINING OFFICER APPOINTED FOR KOLAR-CHIKKABALLAPUR DCC BANK, KOLAR – 560 301 4. KOLAR- CHIKKABALLAPUR DISTRICT CENTRAL CO OPERATIVE BANK, KOLAR DISTRICT, KOLAR -563 001, REPRESENTED BY ITS MANAGING DIRECTOR 5. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLAR SUB DIVISION, KOLAR -563 001 ... RESPONDENTS (BY SRI LAXMINARAYAN, AGA FOR R1 TO R3 & R5 R4- SERVED) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Annexure-E passed by the R5 dated 29.10.2013 and etc., This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER The petitioner herein is Vyasaraya Seva Sahakara Sangha Niyamitha which has come up in this writ petition impugning an endorsement issued by 5th respondent to Kolar District Co-operative Union with reference to certain clarification sought by them. It is stated that the clarification sought is regarding the transaction carried out by the petitioner – Society with DCC Bank, Srinivasapura which is sought to be challenged in this writ petition.
2. At the same time, a direction is sought to 3rd respondent – Assistant Commissioner / Returning Officer appointed for Kolar – Chikkaballapur DCC Bank, Kolar to allow the petitioner herein to participate in an election scheduled to be held on 15.11.2013 by including its name in the final voters list.
3. Admittedly, the prayer insofar as seeking direction to 3rd respondent in directing them to permit the petitioner to participate in the election scheduled to be held on 15.11.2013, has become infructuous.
4. However, when the 1st prayer is looked into, it is with reference to an endorsement issued by 5th respondent to a person who is not a party to this proceeding. The material on record does not disclose under what circumstance the said endorsement is issued and the relevance of that in the present petition is not forthcoming.
5. Accordingly, this writ petition is disposed of as necessary party is not made party to this proceedings to ascertain the relevance of Annexure-E which is sought to be quashed in this proceedings.
Sd/- JUDGE RV