IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NOs.301-303 OF 2019 (CS-EL/M) BETWEEN:
1. SRI MANCHEGOWDA S/O. MANCHEGOWDA AGED ABOUT 57 YEARS 2. N JAVAREGOWDA S/O. R.NARAYANAPPA AGED ABOUT 33 YEARS BOTH ARE R/O. YALIYURU VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562160 ... APPELLANTS (BY SRI JAYAKUMAR S.PATIL, SR.COUNSEL FOR SRI JAI PRAKASH REDDY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING DR.AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. ‘A’ BLOCK SHANTINAGAR, BENGALURU-560027 BY ITS COMMISSIONER 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER RAMANAGARA DISTRICT RAMANAGARA-562160 4. SRI. R.SRIDHARA RETURNING OFFICER FOR THE ELECTIONS TO YELIYURU MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, YELIYUR AND CO-OPERATIVE DEVELOPMENT OFFICER, CHANNAPATNA TALUK RAMNAGARA DISTRICT – 562160 5. YELIYURU MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED CHANNAPATNA TALUK RAMNAGARA DISTRICT – 562160 BY ITS CHIEF EXECUTIVE OFFICER 6. SRI PUTTARAJU, SIDDEGOWDA AGED ABOUT 55 YEARS 7. SRI SIDDAPPAJI S/O. MADEGOWDA AGED ABOUT 51 YEARS 8. SRI SHIVASWAMY S/O. MADEGOWDA AGED ABOUT 46 YEARS 9. SRI KRISHNA S/O. RAMAIAH AGED ABOUT 32 YEARS 10. SRI HONNEGOWDA S/O. HONNEGOWDA AGED ABOUT 60 YEARS 11. SRI DODDAIAH S/O. MADDAHEGDE AGED ABOUT 54 YEARS 12. SRI ANKAIAH S/O. ANKAIAH AGED ABOUT 58 YEARS 13. SRI KRISHNA S/O. HUCHAPPA AGED ABOUT 50 YEARS 14. SMT. KEMPAMMA W/O. VENKATAIAH AGED ABOUT 60 YEARS 15. SRI Y.C.EREGOWDA S/O.CHANNABASAVEGOWDA AGED ABOUT 54 YEARS 16. SRI Y.S.RAMESHA S/O. SIDDEGOWDA AGED ABOUT 50 YEARS 17. SRI MAHESHA S/O. CHICKKAHYDEGOWDA AGED ABOUT 47 YEARS 18. SMT. PUTTALINGAMMA W/O. SANNEGOWDA AGED ABOUT 60 YEARS 19. SRI K. MAHADEVU S/O. KARIGOWDA AGED ABOUT 47 YEARS 20. SRI P.RAJEGOWDA S/O. PUTTASWAMY AGED ABOUT 32 YEARS RESPONDENTS 6 TO 20 ARE R/O. YALIYURU VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT – 562160 21. SRI B.SWAMY S/O. BASAVEGOWDA AGED ABOUT 51 YEARS PRESIDENT YELIYURU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.
R/O. YALIYURU, CHANNAPATNA TALUK RAMANAGARA DISTRICT – 562160 22. SRI Y.C.MAHADEVU S/O. CHIKKAMADEGOWDA AGED ABOUT 55 YEARS R/O. YALUYURU, CHANNAPATNA TALUK RAMANAGARA DISTRICT – 562160 23. SRI VENKATESH S/O. VEERABHADRA SHETTY AGED ABOUT 44 YEARS R/O. YALIYURU, CHANNAPATNA TALUK RAMNAGARA DISTRICT - 562160 ... RESPONDENTS (BY SRI T.L.KIRAN KUMAR, AGA FOR R1, R3 & R4; SRI M.KESHAVA REDDY, ADVOCATE FOR R2; SRI RAMACHANDRA R.NAIK, ADVOCATE FOR R6 TO R20;
SRI M.R.RAJAGOPAL, ADVOCATE FOR R21 TO R23; R5 SERVED) ---
THESE WRIT APPEALS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE INTERIM ORDER DATED 28/01/2019 IN W.P.NOs.4978-80/2019 PASSED BY LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND DIRECT THE RESPONDENTS 4 AND 5 TO CONTINUE THE ELECTION PROCESS FROM THE STAGE WHERE IT IS INTERRUPTED.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:
JUDGMENT The appellants have challenged the interim order dated 28.01.2019 granted in W.P.No.4978-4980/2019.
2. Shri Jayakumar S.Patil, learned Senior advocate for the appellants submits that pursuant to the interim order, the nominations of appellants and some other members have been rejected.
3. Shri M.R.Rajagopal, learned advocate for respondent Nos.21 to 23 submits that pursuant to the interim order election proceedings are concluded.
4. Shri M.Keshava Reddy, learned advocate for respondent No.2 submits that in view of the interim order, election has been postponed.
5. Learned AGA for respondent Nos.1 to 4 submits that an Administrator has been appointed to manage the Society.
6. We have carefully considered rival contentions and perused the records.
7 In our view, the elections have been postponed and the matter requires to be finally decided by the Hon’ble Single Judge.
8. In the circumstances, we do not deem it appropriate to entertain these writ appeals at this stage. It shall be open for the parties to move the Hon’ble Singe Judge for disposal of the writ petitions.
All contentions of respective parties are kept open. The appeals stand disposed of accordingly.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HJ