Sri.T.V. Thimmegowda vs The State Of Karnataka on 21 February, 2024

Karnataka High Court

Sri.T.V. Thimmegowda vs The State Of Karnataka on 21 February, 2024

                                          -1-
                                                      NC: 2024:KHC:7242
                                                    WP No. 5300 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                       BEFORE
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                     WRIT PETITION NO. 5300 OF 2024 (CS-EL/M)
              BETWEEN:

              SRI.T.V. THIMMEGOWDA,
              S/O VENKEGOWDA,
              AGED ABOUT 64 YEARS,
              RESIDENT OF TALAGAVARA VILLAGE,
              KASABA HOBLI, DODDABALLAPUR TALUK,
              BENGALURU RURAL DISTRICT 561203.
                                                           ...PETITIONER
              (BY SRI RAGHUNATHA K, ADVOCATE)
              AND:

              1.    THE STATE OF KARNATAKA,
                    REPRSENTED BY ITS CHIEF SECRETARY,
                    GOVERNMENT OF KARNATAKA,
                    VIDHANA SOUDHA, BENGALURU 560001.
              2.    THE PRINCIPAL SECREETARY,
Digitally           DEPARTMENT OF CO-OPERATION
signed by           GOVERNMENT OF KARNATAKA
PRAMILA G V
                    6TH FLOOR, M S BUILDING, BENGALURU 560001.
Location:
HIGH COURT    3.    THE REGISTRAR,
OF
KARNATAKA           DEPARTMENT OF CO-OPERATION,
                    NO 1, ALI ASKER ROAD, BENGALURU 560052.
              4.    THE ASSISTANT REGISTRAR OF CO-OPERATIVE
                    SOCIETIES, DEPARTMENT OF CO-OPERATION,
                    LAKSHMI TALKIES ROAD, DODDABALLAPUR TOWN,
                    BENGALURU RURAL DISTRICT 561203.
              5.    THE SECRETARY / CHIEF EXECUTIVE OFFICER,
                    TALAGAVARA MILK PRODUCERS CO-OPERATIVE
                    SOCIETY, TALGAVARA VILLAGE,
                    KASABA HOBLI, DODDABALLAPURA TALUK,
                               -2-
                                           NC: 2024:KHC:7242
                                        WP No. 5300 of 2024




     BENGALURU RURAL DISTRICT - 561203.

6.   THE ELECTION OFFICER,
     TALAGAVARA MILK PRODCUERS CO-OPERATIVE
     SOCIETY, TALAGAVARA VILLAGE,
     KASABA HOBLI, DODDABALLAPUR TALUK,
     BENGALURU RURAL DISTRICT 561203.
7.  THE KARNATAKA CO-OPERATIVE
    ELECTION AUTHORITY,
    3RD FLOOR, SHANTHI NAGAR
    TTML, A BLOCK, BANGALORE PIN-560027,
    (INCLUSION AND RESPONDENT NO. 7 AS PER
    ORDER OF THIS HONBLE COURT DTD 20.02.24)
                                         ...RESPONDENTS
(BY SRI SIDHARTH BABU RAO, AGA FOR R1 TO R6,
 SRI T L KIRAN KUMAR, ADVOCATE FOR R7)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) TO
QUASH THE ANNEXURE-A PERTAINING TO DECLARATION TO
ELECTION RESULT (LIST ELECTED MEMBERS) WHO ARE
ELECTED UNDER GENERAL CATEGORY TO THE R5 SOCIETY
AND TO DIRECT THE RESPONDENTS TO HOLD FRESH
ELECTION TO ELECT THE GENERAL CATEGORY MEMBERS TO
THE R5 SOCIETY AND ETC.

    THIS PETITION COMING ON FOR ORDERS THIS DAY THE
COURT MADE THE FOLLOWING:
                            ORDER

1. Heard the learned counsel appearing for the

petitioner.

2. The petitioner is nominated by the Government

as a Director of the 5th respondent-Society. The notification

dated 02.02.2024 nominating the petitioner as a Director is
-3-
NC: 2024:KHC:7242
WP No. 5300 of 2024

marked at Annexure-B. The election to the Board of the 5th

respondent Society was held on 10.02.2024. The Bye-law of

the 5th respondent-Society provides for 13 members. When

the election was held on 10.02.2024, despite nomination

made by the State Government for one office of a Director to

the Board of the 5th respondent-Society, election was held

for all the 13 offices of Directors. The petitioner is before this

Court contending that the Returning Officer and the Election

Officer could not have held election to the post of Director for

which the petitioner is nominated.

3. On perusal of the records, it is evident that the

election of the Board of 5th respondent- Society is already

held on 10.02.2024 and results have been declared. It is

well-settled principle of law that once the election results are

declared, the remedy if any, for the party aggrieved is to

question the said election before the Competent Authority

under Section 70(2)(c) of the Karnataka Co-operative

Societies Act, 1959 (for short ‘the Act of 1959’).

4. Hence, the petitioner has to approach the

Registrar of Co-operative Societies under Section 70 of the
-4-
NC: 2024:KHC:7242
WP No. 5300 of 2024

Act of 1959 to raise a dispute, if he is aggrieved by the

election result.

5. With these observations, the Writ Petition is

disposed of.

6. Liberty is reserved to the petitioner to raise an

election dispute questioning the result of the election held on

10.02.2024 to the Board of 5th respondent-Society.

7. If such a dispute is raised, the jurisdictional

Registrar of the Co-operative Societies shall decide the

dispute strictly within a period of three months from the date

of presentation of the petition.

8. It is further made clear that this order disposing

of the Writ Petition should not be treated as a finding against

the petitioner. All contentions are kept open.

9. Registry to return the certified copy of Annexure-

A to the petitioner after retaining the Xerox copy.

Sd/-

JUDGE
GVP/ List No.: 2 Sl No.: 2