IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.2090/2019 (CS – EL/M) BETWEEN:
SRINIVASA.R S/O RANGAPPA AGE 50 YEARS R/AT No.146/10 1ST FLOOR, 2ND CROSS NAGASHETTY HALLI SANJAYANAGARA BENGALURU-560094. ... PETITIONER [BY SRI DEVI PRASAD SHETTY, ADV.] AND:
1. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY/ DIESTRICT ELECTION OFFICER SAHAKARASOUDHA MALLESHWARAM, BENGALURU-560003.
2. RETURNING OFFICER APPOINTED FOR SRI VINAYAKA CREDIT CO-OPERATIVE SOCIETY LTD., No.14, 3RD MAIN ROAD, RAJMAHAL GUTTAHALLI, BENGALURU-560003.
3. SRI VINAYAKA CREDIT CO-OPERATIVE SOCIETY LTD., No.14, 3RD MAIN ROAD RAJMAHAL, GUTTAHALLI BENGALURU-560003 REPRESENTED BY ITS CEO.
4. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHINAGAR T.T.M.C., A BLOCK BENGALURU-560027 BY ITS SECRETARY. …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1 & R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 29.12.2018 ISSUED BY RESPONDENT No.3 VIDE ANNEXURE-E AND ETC., THIS PETITION 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 and 2.
2. The petitioner has challenged the notice dated 29.12.2018, issued by the respondent No.3 at Annexure-E to the writ petition, inter alia seeking a direction to the respondent No.2 to accept the nomination papers of the petitioner by including his name in the list of eligible voters list and permit the petitioner to contest, vote and participate in the elections to be held on 27.01.2019 to the respondent No.3 – Society.
3. Learned counsel Sri.Devi Prasad Shetty, appearing for the petitioner placing reliance on Annexures-D and D1 issued by the respondent No.3, would submit that the defaulter notice issued by the respondent No.3 at Annexure-D dated 29-12.2018 is wholly unjustifiable. According to the learned counsel, the arrears were cleared on 29.12.2018 in the morning and the impugned default notice at Annexure-E was issued in the evening of 29.12.2018 at about 6.20 p.m., without considering the payments made on the same day. It is submitted that the petitioner is not a defaulter and no notice was issued to the petitioner in terms of Rule 13D of the Karnataka Co-operative Societies Rules, 1961. Hence, the petitioner cannot be deprived of his rights to contest, vote and participate in the elections scheduled to be held on 27.01.2019 to the respondent No.3 – Society.
4. It is not in dispute that the calendar of events has been issued fixing the date of elections on 27.01.2019. In view of the election proceedings being initiated to conduct the elections to the respondent No.3 – Society, Section 70[2][c] of the Karnataka Co-operative Societies Act, 1959 ['Act' for short] gets attracted. Any dispute arising in connection with the election of a President, Vice-President or any office-bearer or Member of board of the society is amenable to Section 70 of the Act. The dispute in as much as payments of arrears of loan made on 29.12.2018 and the defaulter notice issued by the respondent No.3 dated 29.12.2018 resulting in the disqualification of the petitioner to contest, vote and participate in the elections certainly comes within the ambit of dispute which necessarily requires adjudication on factual aspects and the same cannot be entertained/adjudicated invoking the writ jurisdiction.
Hence, the writ petition is not maintainable. Accordingly, writ petition stands dismissed with liberty to the petitioner to resort to appropriate proceedings in accordance with law.
Sd/- JUDGE NC.