High Court of Karnataka
THE HONOURABLE MRS. JUSTICE MANJULA CHERLLUR & THE HONOURABLE MR. JUSTICE ARAVIND KUMAR
Chokka Basavanna Gowda
Versus
State of Karnataka & Others
Writ Appeal Nos.1801, 1806 and 1807 of 2010 (CS.RES)
Decided On : 29-04-2010
These appeals are filed seeking setting aside the interim order dated 22-4-2010 passed by the learned Single Judge in W.P.Nos.63136 to 63138 of 2010 by allowing the writ appeal.
2. The interim order dated 22-4-2010 in the above writ petitions reads as under:
“Pending issue of Rule nisi in the aforesaid writ petition it is hereby ordered by this Court on Thursday the 22nd day of April, 2010 by Hon’ble Mr. Justice S. Abdul Nazeer. That the operation and execution of the impugned order dated 8-4-2010 bearing No.Sam.Ni.Ra.V-4:29-C:59/2009-10 vide Annexure-A, passed by the 2nd respondent i.e., the Joint Registrar of Co-operative Society, Gulbarga Division, Raichur, Order dated 8-4-2010 bearing No.Sam.Ni.Ra.V-4:29-C:60/2009-10 vide Annexure-B passed by the 2nd respondent, Proceedings of meeting of Bellary District Co-operative Central Bank Limited, Hospet, dated 13-4-2010 bearing No.Nadavalike:165:2010-2011, vide Annexure-C and order bearing No.Aa.Na.Aa.Aa.Pa.Ta:204:2010-2011, dated 12-4-2010 vide Annexure-D, in the above writ petition, be and the same are hereby stayed, for a period of three months. Respondents 7 and 8 are restrained from allowing the 9th respondent to represent BDCC Bank, Hospet, in the proposed election to be held on 26-4-2010 for the post of President of the State Co-operative Apex Bank. Liberty is reserved to the respondents to seek modification/vacation of this interim order in accordance with law. The parties are also permitted to move vacation Bench for appropriate orders, if they so desire”.
The present appellant is aggrieved insofar as the interim direction issued to respondents 7 and 8 restraining the 9th respondent to represent the BDCC Bank, Hospet in the proposed election to be held to the post of President of the State Cooperative Apex Bank.
3. The undisputed facts are as under:
The 9th respondent herein by name T.M. Chandrashekariahya was elected as Director of VSSBN Kududarahalu Co-operative Society. He was deputed as a representative of the said society to the TAPCMS Siruguppa the secondary society. His directorship to Kududarahalu Co-operative Society was to expire on 30-3-2010 and this respondent did not contest the election for directorship to VSSBN Co-operative Society on 19-3-2010.
The 10th respondent by name Sri Gadeppa was elected as a Director of Bellary Kendra Sahakari Sagatu Marata Sangha for a term of 5 years. He is also a primary member of District Horticulture Society and was elected as Director of the said Society. The 11th respondent-Mr. Ravindra is the President of Bellary District Centre Cooperative Bank (BDCC Bank) and respondents 9 and 10 claims to be the strong supporters of 11th respondent. The BDCC Bank, Bellary District Centre consists of 13 Directors and they are either elected or nominated from different categories. The appellant herein Chokka Basavanna Gowda is from Belagalu, Shiraguppa Taluk and he is the Director of the BDCC Bank, Hospet.
4. On 12-4-2010 election to the post of delegate/representative to represent 6th respondent to the Apex Bank (State level) of the 7th respondent took place. Respondent 11-Ravindra and the appellant-Chokka Basavanna Gowda both contested the election. Appellant was elected by a majority of 6 to 5 votes and 11th respondent was defeated.
5. Prior to this election on 12-4-2010 to the post of delegate or representative to the Apex Bank, disqualification proceedings came to be initiated against the 9th and 10th respondents herein and originally the time was fixed as 3.00 p.m. on 8-4-2010 later changed to 11.30 a.m. directing the respondents 9 and 10 to reply to the said notice. This came to be questioned in W.P.Nos.62612 of 2010 etc. before the High Court. Interim stay was granted staying further proceedings.
6. When the things stood as stated supra, on 8-4-2010 disqualification order also came to be passed by the concerned authority against the 9th and 10 respondents and the same was challenged in the present W.P.Nos.63136 to 63138
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