IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT APPEAL NO.1138 OF 2019 (CS-EL/M) BETWEEN:
V. M. VISHWANATH S/O MADEGOWDA AGED ABOUT 39 YEARS VADDARAHALI VILLAGE, MALAVALLI TALUK, CHOTTANAHALLI POST, MANDYA DISTRICT 571401 ... APPELLANT (BY SRI. SARAVANA.S., ADV. FOR SRI D R RAVISHANKAR, ADV.) AND 1. MANDYA DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETY UNION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, GEJJALAGERE VILLAGE MANDYA DISTRICT 571401 2. DISTRICT ELECTION OFFICER & DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY MANDYA (BY SRI ABHINAV R, ADV. FOR R1 SRI. P.B.ACHAPPA, AGA FOR R2) ... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET- ASIDE THE PORTION OF ORDERS DATED 11/04/19 IN WP NO.14095/2019 TO THE EXTENT ITS DIRECT THE CONSIDERATION OF INTERIM PRAYER AFTER THE SERVICE OF NOTICE TO THE RESPONDENT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant.
2. By the impugned order dated 11th April 2019, the learned Single Judge issued emergent notice on the writ petition filed by the petitioner. The prayer in the petition was for issuing a writ of mandamus directing the third respondent to include the name of the petitioner in the voters’ list to be finalized for the elections of Mandya District Milk Producers Co-operative Society Union Ltd. for the year 2019-20 and to accept his nomination.
3. By ad-interim order dated 25th April 2019 passed in this appeal, the first respondent was directed to include the name of the petitioner in the voters’ list and his nomination was directed to be accepted subject to the outcome of the writ petition.
4. Perusal of the writ petition shows that the same was filed as the elections of the Society for the year 2019-20 were round the corner. In the petition, there was a challenge to the notice dated 21st March 2019 (Annexure- C) to the petition. Annexure-C informs the petitioner that the petitioner does not qualify for the membership.
5. It is pointed out that during the pendency of the appeal, the Board of Directors of the Society has been superseded and an Administrator has been appointed. Therefore, as of today there is no question of appellant contesting the election. It is also pointed out that the appellant has been disqualified.
6. By the impugned order, the learned Single Judge has not rejected the prayer of the petitioner for grant for interim or ad interim relief and only emergent notice has been ordered to be issued.
7. Therefore, if occasion arises, the petitioner can always apply for appropriate interim relief in the pending writ petition, Therefore, it is not necessary to entertain the appeal. Accordingly, the appeal is disposed of.
8. We make it clear that we have not made any adjudication on the merits of the controversy of the pending writ petition.
Sd/- CHIEF JUSTICE Sd/- JUDGE DM