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.4167 – 4170/2019 (CS – EL/M) BETWEEN:
1. SRI PANCHAKSHARI G.M., S/O LATE G.M.MAHADEVAPPA, AGED ABOUT 48 YEARS, NO.788/20, RAMANUJA ROAD, 10TH CROSS, 2ND FLOOR, SRINIVASA AGRAHARA PARK, FORT MOHALLA, MYSORE-570004 2. BASAVARAJU D., S/O DODDAVEERAPPA, AGED ABOUT 50 YEARS, # 2430, HOSABANDI KERI, 1ST CROSS, K.R. MOHALLA, MYSORE-570004 3. SRI PRATHIDWANI PRASAD S/O SOMARADYA, AGED ABOUT 38 YEARS, # 26/2B, MATHRU NILAYA, 16TH CROSS, RAMANUJA ROAD, FORT MOHALLA, MYSORE-570004 4. SMT.NAGAJYOTHI B., D/O BASAVANNA, W/O PRATHIDWANI PRASAD, AGED ABOUT 34 YEARS, # 26/2B, MATHRU NILAYA, 16TH ROSS, RAMANUJA ROAD, FORT MOHALLA, MYSORE-570004 ... PETITIONERS [BY SRI CHANDRAKANTH R. PATEL, ADV.] AND:
1. THE STATE OF KARNATAKA BY THE REVENUE SECRETARY, B.R. AMBEDKAR VEEDHI, M.S. BUILDING, BANGALORE-560001 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES LEGAL CELL, ALI ASKER ROAD, BANGALORE-560052 3. THE RETURNING OFFICER THE JANATHA CO-OPERATIVE BANK LTD., MALLESWARAM, BANGALORE-560055 4. THE JANATHA CO-OPERATIVE BANK LTD., MALLESWARAM, BANGALORE-560055. REP BY ITS GENERAL MANAGER 5. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD LOOR, SHANTHI NAGAR, TTMC, A BLOCK, SHANTHI NAGAR, BANGALORE 27, REP BY ITS SECRETARY …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1 & R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE - B DATED 19.01.2019 PASSED BY THE R-5 AND QUASH ANNEXURE - D 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 The petitioners have challenged the order passed by the respondent No.3 rejecting the nomination papers of the petitioners to contest in the election to be held on 27.01.2019.
2. It is the contention of the petitioners that despite the interim order granted by this Court on 18.1.2019 the respondent No.3 has rejected the nomination papers of the petitioners to contest for the election to be held on 27.01.2019.
3. It is true that this Court by order dated 18.1.2019 directed the Co-operative societies to conduct the election without reference to the amended Section 20(2)(a-iv) & (a-v) of the Karnataka Co-operative Societies Act, 1959 (‘Act’ for short). However, in view of the clarificatory order passed by the cognate Bench in W.P.Nos.57154-155/2018 and allied matters on 18.01.2019, this Court subsequently has held that Co-
operative Society shall conduct the ensuing elections in terms of the clarificatory order passed by this Court dated 18.01.2019 in W.P.Nos.57154-57155/2018 and allied matters.
4. Hence, rejection of the nomination papers of the petitioners to contest for the elections cannot be held to be unjustifiable. Moreover, challenge to the rejection of nomination papers is not amenable to writ jurisdiction circumventing the alternative and efficacious remedy available under the Act.
For the aforesaid reasons, the writ petitions stand dismissed.
Sd/- JUDGE Dvr/Pmr