IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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.991-992 OF 2019 (CS-RES) BETWEEN:
1. SRI S.B. SIDDARAME GOWDA S/O S. BORAIAH AGED ABOUT 42 YEARS R/O K. SHETTIHALLI KARADAKERE POST, C.A.KERE HOBLI MADDUR TALUK, MANDYA DISTRICT – 571 422 AND PRESIDENT, MANDYA DISTRICT CO-OPERATIVE PRINTING & PUBLISHING HOUSE LIMITED 2. SMT. PREMA W/O MANCHE GOWDA AGED ABOUT 40 YEARS R/O HALUVADI VILLAGE, KOTHATHI HOBLI MANDYA TALUK & DISTRICT AND DIRECTOR, MANDYA DISTRICT CO-OPERATIVE PRINTING & PUBLISHING HOUSE LIMITED ... APPELLANTS (BY SRI M.R. RAJAGOPAL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BENGALURU – 560 001.
2. THE CHIEF EXECUTIVE OFFICER MANDYA DISTRICT CO-OPERATIVE PRINTING & PUBLISHING HOUSE LIMITED NO.1156, 1ST CROSS, ASHOKNAGAR MANDYA – 571 401.
3. THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. SHETTIHALLI MADDUR TALUK MANDYA DISTRICT – 571 428.
4. THE CHIEF EXECUTIVE OFFICER MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY (REGD.) HALUVADI VILLAGE, MANDYA TALUK MANDYA DISTICT – 571 428.
5. THE STATE CO-OPERATIVE ELECTION COMMISSION BY COMMISSIONER SHANTHINAGAR BENGALURU.
(R5 IMPLEADED V/C/O DTD: 10.04.2019) ... RESPONDENTS (BY SRI D. NAGARAJ, AGA FOR R1;
SRI SHARATH S. GOWDA, ADVOCATE FOR R2 SRI M. KESHAVAREDDY, ADVOCATE FOR R5) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 22.03.2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOS.10479 & 11603/2019 INSOFAR AS IT RELATES TO DECLINING TO GRANT AN EXPARTE INTERIM ORDER AND ETC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT The grievance of the appellants is that the interim order has not been granted by the Hon’ble Single Judge in the writ petitions.
2. Having heard Shri M.R. Rajagopal, learned advocate for the appellants, Shri D. Nagaraj, learned AGA for respondent No.1, Shri Sharath S. Gowda, learned advocate for respondent No.2 and Shri M. Keshava Reddy, learned advocate for respondent No.5-Election Commission, we are of the view that in view of this Court’s order dated 10.11.2016 in W.P.No.55589/2016, the election which is scheduled to be held on 26.04.2019 shall remain stayed.
3. All parties shall be at liberty to move the Hon’ble Single Judge in the vacation Bench.
Writ appeals are accordingly disposed of.
No costs.
Shri Keshav Reddy, learned advocate for the Election Commission shall inform this order forthwith to all concerned.
In view of disposal of the appeals, I.A.No.2/2019 does not survive for consideration and it is also disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca