IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.12937/2017 (CS-EL/M) BETWEEN MR. S.VAGEESH, S/O LATE H.SRIKANTAGHOESH, AGED ABOUT 56 YEARS, R/AT NO.1260, 2ND CROSS, KRISHNAMURTHIPURAM, MYSORE-570 004. ... PETITIONER (By Sri RAKSHIT K.N., ADV.) AND 1. STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE COMMISSIONER, CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, TTMC "A" BLOCK COMPLEX, BIG BAZAAR BUILDING, KH FLOOR, BANGALORE-560 027.
3. THE CHIEF EXECUTIVE OFFICER, SHRI VAGADHEVI SOUHARADHA CO-OPERATIVE REGISTERED NO.1226, SHRI VYASARAJ MATT PREMISES, 2ND CROSS, 3RD MAIN, KRISHNAMURTHIPURAM, MYSORE-570 004 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, PUBLIC OFFICE BUILDING, NEW SAYAGI ROA ROAD, MYSORE-570 004 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE SUB-DIVISION, PUBLIC OFFICE BUILDING, NEW SAYAGI RAO ROAD, MYSORE -570 004. ... RESPONDENTS (By Sri M.A.SUBRAMANI, HCGP FOR R1, R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESULTS ANNOUNCED BY THE RESPONDENT DT. 26.02.2017 VIDE ANXN-Q AS THE SAME IS NOT DONE IN CONSOLENCE WITHIN THE ACT AND RULES; AND TO DIRECT THE R-3 TO PREPARE THE QUALIFIED/DISQUALIFIED LIST IN TERMS OF RULE 5B 5A OF KARNATAKA SOUHARDA SAHAKARI RULES AND GET IT RECTIFIED BY THE R-4 AND THEREAFTER PROCEED WITH THE ELECTIONS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioner claims to be one of the members of Vagdhevi Souhardha Credit Co-operative Society, Mysore. In this writ petition, he is challenging the proceedings of the Returning Officer appointed to conduct election to the Board of Directors of the said Vagdhevi Souhardha Credit Co-operative Society. Impugned proceedings are produced at Annexure-A. Perusal of the same would disclose that after holding election to the Board of Directors and to the posts of President and Vice President of the Co-operative Society, proceedings have been drawn declaring them as having been duly elected. Several grounds are urged in support of the challenge made.
2. I have heard learned counsel for petitioner and learned Government Pleader who has taken notice for respondents 1, 4 and 5. As rightly submitted by the learned Government Pleader, Section 39(2)(c) of the Karnataka Souharda Sahakari Act, 1997 provides that any dispute arising in connection with election of a President or Chairperson, Vice-President or Vice Chairperson or director of the Co-operative or the Federal Co-operative, has to be referred to the Registrar for decision.
3. Thus petitioner has an alternative efficacious remedy of raising a dispute if he is aggrieved by the election of members of Board of Directors. Writ petition cannot be entertained when such an alternative efficacious remedy is available. Therefore, reserving liberty to petitioner to raise such a dispute, this writ petition is dismissed.
Learned Government Pleader is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE VP