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 Nos.4329 – 4330/2019 (CS – EL/M) BETWEEN:
1. PUTTASHETTY S/O HANUMANTHA SHETTY, AGED ABOUT 45 YEARS, MARATIKYATHANAHALLI VILLAGE & POST, JAYAPURA HOBLI, MYSURU TALUK & DISTRICT-570 026.
2. NAGAMMA W/O MANTIMAHADEVASHETTY, AGED ABOUT 45 YEARS, MARATIKYATHANAHALLI VILLAGE & POST, JAYAPURA HOBLI, MYSURU TALUK & DISTRICT-570 026. ... PETITIONERS [BY SRI SANDESH T.B., ADV.] AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, Dr. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001, REP BY ITS CHIEF SECRETARY.
2. DISTRICT ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT, MYSURU-571 105.
3. THE RETURNING OFFICER MARATIKYATHANAHALLI MILK PRODUCERS, CO-OPERATIVE SOCIETY LTD., JAYAPURA HOBLI, MYSURU TALUK & DISTRICT-570 026.
4. MARATIKYATHANAHALLI MILK PRODUCERS, CO-OPERATIVE SOCIETY LTD., JAYAPURA HOBLI, MYSURU TALUK & DISTRICT-570 026, REP. BY ITS CEO. …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1 TO R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-E DATED 20.01.2019 PASSED BY THE R-3.
THESE PETITIONS 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 to 3.
The petitioners have challenged the order dated 20.01.2019 passed by the respondent No.3, whereby the nomination papers of the petitioners have been rejected.
2. Learned counsel for the petitioners would submit that the respondent No.3, without properly scrutinizing the nomination papers presented by the petitioners, has rejected the same. The petitioners belong to the backward class II-A and the certificate issued by the Tahsildar was attached to the documents filed before the respondent No.3. The perfunctory action of the respondent No.3 in rejecting the nomination papers has resulted in failure of justice.
3. The arguments of the learned counsel for the petitioners cannot be accepted for the reason that the challenge made to the rejection of the nomination papers is not amenable to the writ jurisdiction, more particularly in view of the alternative remedy available under Section 70 of the Karnataka Co-operative Societies Act, 1959, wherein the dispute touching the constitution, management or the business of the cooperative societies arising in connection with the election of a member, President, Vice-President or any Office Bearer or Member of Board of Society is the dispute to be tried by the Registrar of Cooperative Societies. On this ground alone, writ petitions are liable to be dismissed as not maintainable.
Hence, writ petitions stand dismissed with liberty to the petitioners to resort to appropriate proceedings in accordance with law, if so advised.
Sd/- JUDGE PMR