Back
2024 Supreme(Online)(KAR) 19834
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 2181 OF 2024 (CS-EL/M)
BETWEEN:
1. VENAKATARAYAPPA, S/O CHIKKALAKSHAMAIAH, AGED ABOUT 60 YEARS, 2. CHIKKAMUNIYAPPA, S/O RAMAIAH, AGED ABOUT 60 YEARS, 3. SHILPA V, W/O SUBRAMANI, AGED ABOUT 45 YEARS, 4. V KRISHNAMURTHY, S/O VENKATAPPA, AGED ABOUT 52 YEARS, 5. N RAMESH, S/O NARAYANAPPA, Digitally AGED ABOUT 46 YEARS, signed by PRAMILA G V
6. L VENKATESHAPPA, Location:
S/O LAKSHMAIAH, HIGH COURT OF AGED ABOUT 65 YEARS, KARNATAKA (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED)
7. P RAMAKRISHNAPPA, S/O PILLAPPA, AGED ABOUT 56 YEARS, 8. NARAYANASWAMY S/O DODDAMUNIYAPPA, AGED ABOUT 55 YEARS, 9. MUNIYAPPA S/O MULAGILAPPA, AGED ABOUT 60 YEARS, 10. CHIKKATHIMMARAYAPPA, S/O MUNIYAPPA, AGED ABOUT 50 YEARS, 11. VENKATALAKSHMAMMA, W/O S SRINIVAS, AGED ABOUT 58 YEARS, 12. MUNIYAPPA, S/O VEMLATESHAPPA, AGED ABOUT 60 YEARS, 13. AMARAVATHI, W/O ANAND, AGED ABOUT 45 YEARS, 14. MUNISHAMAPPA, S/O LAKSHMAIAH, AGED ABOUT 48 YEARS, 15. LOKESH, S/O EERADHIMMAIAH, AGED ABOUT 60 YEARS, 16. NARAYANASWAMY, S/O BALADHIMMAIAH, AGED ABOUT 49 YEARS, 17. MUNIVENKATAPPA, S/O EERADHIMMAIAH, AGED ABOUT 55 YEARS, 18. DEVARAJA S/O ANJINAPPA, AGED ABOUT 50 YEARS, 19. R PAPANNA S/O RAMAIAH, AGED ABOUT 58 YEARS, 20. H M NARAYANAPPA S/O MUNIVEERAPPA, AGED ABOUT 78 YEARS, (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED)
21. H M VENKATESHAPPA S/O MUNIYAPPA, AGED ABOUT 78 YEARS, (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED)
22. LOKESH S/O LAKSHMAIAH, AGED ABOUT 55 YEARS, 23. RAMAPPA S/O VENKATAPPA, AGED ABOUT 62 YEARS, 24. VENKATALAKSHMAMMA W/O CHINNAPPA AGED ABOUT 54 YEARS, 25. MUNIVENKATAPPA S/O VENKATARAVANAPPA AGED ABOUT 54 YEARS
26. SHARADHAMMA W/O NARAYANASWAMY P AGED ABOUT 72 YEARS (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED)
27. SHIVASHANKAR S/O CHIKKARAMAIAH AGED ABOUT 70 YEARS (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED )
28. DODDAMUNIYAPPA S/O RAMAIAH AGED ABOUT 82 YEARS (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED)
29. VENKATAPPA S/O VENKATARAYAPPA AGED ABOUT 78 YEARS (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED)
30. SRINIVAS S/O NARAYANAPPA AGED ABOUT 61 YEARS
31. VENKATALAKSHMAMMA W/O NARAYANSWAMY AGED ABOUT 55 YEARS
32. AMRUTHA W/O SOMASHEKAR AGED ABOUT 45 YEARS
33. KRISHNAMURTHY S/O RAMAIAH AGED ABOUT 60 YEARS
34. VENKATALAKSHMAMMA W/O K VENKATESH AGED ABOUT 55 YEARS
35. MANJUNATHA S/O GOVINDAPPA AGED ABOUT 51 YEARS
36. ASHWATHAMMA S/O NARAYANAPPA AGED ABOUT 56 YEARS
37. RAJAMMA W/O MUNIVENKATAPPA AGED ABOUT 48 YEARS
38. CHINNAMMA W/O LAKSHMANNA AGED ABOUT 53 YEARS
39. HANUMANTHAPPA S/O NARAYANAPPA AGED ABOUT 52 YEARS
40. SRINIVASAPPA S/O VENKATARAVANAPPA AGED ABOUT 57 YEARS
41. MUNIYAPPA S/OMULAVAGILAPPA AGED ABOUT 60 YEARS
42. ROOPA W/O KRISHNAPPA AGED ABOUT 48 YEARS
43. CHINAPPA S/O PILLAPPA AGED ABOUT 52 YEARS
44. GURUSWAMY S/O NARAYANAPPA AGED ABOUT 58 YEARS PETITIONERS NO.1 TO 44 ALL ARE R/AT HOLERAHALLI, KOLAR - 563 101.
…PETITIONERS (BY SRI Y R SADASHIVA REDDY, SR. COUNSEL, FOR SRI RAHUL S REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 01, BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. A BLOCK SHANTHINAGAR, BANGLAORE - 27, REPRESENTED BY ITS SECRETARY.
3. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BENGALURU - 560 052, REPT BY ITS REGISTRAR.
4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DISTRICT ELECTION OFFICER, KOLAR TALUK - 563101.
5. RETURNING OFFICER, HOLERAHALLI MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD., KOLAR TALUK - 563101.
6. HOLERAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD., KOLAR TALUK - 563101, REPRESENTED BY ITS CEO, (DULY REGD UNDER TEH SOCIETIES ACT VIDE REG NO. AR-49/CR-98/34989/2004-05).
…RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R1, R3 TO R5 SRI T L KIRAN KUMAR, ADVOCATE R2, SRI VENKAT REDDY C M, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-5 TO PERMIT THE PETITIONER/MEMBERS OF R-6 HOLERAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD TO VOTE IN THE ELECTIONS TO THE R-6 HOLERAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD SCHEDULED TO BE HELD ON 26.01.2024 AS PER ANNX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard Sri.Y.R.Sadashiva Reddy, the learned Senior counsel appearing for the petitioners and the learned counsel appearing for the contesting respondent-Bank and the learned Government Advocate appearing for the Co-operative Election Commission.
2. This petition is filed on the premise that the petitioners have been wrongly excluded from the eligible voters' list in the election to the Board of the 6th respondent - Society despite the petitioners fulfilling the eligibility criteria.
3. This Court vide interim order dated 23.01.2024 granted permission to the petitioners to cast their votes in the election. However, results are withheld in the interim order.
4. Pursuant to the notice issued by the Court, the respondent-Society has entered appearance and has filed statement of objection.
5. It is the case of the respondent-Society that four petitioners out of 44 petitioners did not avail any service, as such they are ineligible to vote in the election.
6. Learned Senior counsel appearing for the petitioners submits that all the four persons did not vote in the election.
7. Learned counsel appearing for respondent-Society would submit that one among them voted and three did not vote.
8. It is the submission of the learned Senior counsel appearing for the petitioners that the records are available to establish that remaining 40 persons have availed minimum services. Learned counsel appearing for the respondent- Society would submit that the remaining 40 persons also did not avail minimum services. He would submit that they did not provide milk for 180 days in two years.
9. This Court has perused the Bye-law. The Bye-law would clearly stipulate that in past five years, the members have to supply minimum of 500 liters milk in any one co-operative year for a minimum of 180 days.
10. Learned counsel appearing for the respondent -
Society would admit that 40 petitioners have supplied milk for a minimum of 180 days in one co-operative year in the last five years and it is also his submission that each of them supplied minimum 500 liters in a co-operative year. This being the position, the contention that the petitioners have to supply milk for two co-operative years for 180 days each is untenable.
11. This being the position, this Court is of the view that the petitioners have made out a case for counting their votes cast pursuant to the interim order.
12. However, it is to be noticed that one of the petitioners has not availed minimum services and he is said to have voted in the election. It is not possible to segregate the vote cast by the said voter. At this juncture, the learned Senior counsel would submit that if difference of vote between winning candidate and losing candidate is one vote, petitioners will withdraw the petition.
13. Under these circumstances, with the consent of the learned Senior counsel appearing for the petitioners and the learned counsel appearing for the contesting respondent-
Society, the following order is passed:
ORDER
(i) The Writ Petition is allowed in-part.
(ii) The petitioners' votes cast in the election held on
28.01.2024 be counted.
(iii) If the difference of votes secured by the candidate is more than one, then results shall be announced by counting all votes of the petitioners. If the difference of votes secured by the winning candidate is just one vote then excluding the votes of all the petitioners, results shall be announced.
