- 1 - NC: 2025:KHC:6479 WP No. 4245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4245 OF 2025 (CS-EL/M) BETWEEN: 1. R.K.CHANDRA S/0 LATE KULLIAH, AGED ABOUT 61 YEARS, R/A, 136, RANGASAMUDRA VILLAGE AND POST, SOMWARPET VILLAGE, KARNATAKA-571 234 2. R.C.UDAYA KUMAR S/O R.K.CHANDRA AGED ABOUT 33 YEARS, R/A, 136, RANGASAMUDRA VILLAGE AND POST, SOMWARPET VILLAGE, KARNATAKA-571 234 3. MAHESH S/O BASAVIAH, AGED ABOUT 60 YEARS, R/A, HOSAKADU, BASAVANA HALLI, KUSHALNAGARA HOBALI, KODAGU, KARNATAKA- 571 234 4. PAPANNA J.S., S/O SANNAIAH AGED ABOUT 34 YEARS, MAVINHALLA SOMWARPET TALUK, RANGASAMUDRA, KODAGU, KARNATAKA- 571 234 …PETITIONERS (BY SRI.MITHESH G.A., ADVOCATE FOR SRI.HARSHA S., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6479 WP No. 4245 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, TTMC A BLOCK, SHANTHINAGAR, BENGALURU -560 027 REPRESENTED BY ITS SECRETARY 3. RETURNING OFFICER SOMWARPET TALUK TRIBAL PEOPLE'S LARGE SCALE MULTIPURPOSE CO-OPERATIVE SOCIETY, BASAVANAHALLI, KUSHALNAGAR- 571 234 4. SOMWARPET TALUK TRIBAL PEOPLE’S LARGE SCALE MULTIPURPOSE CO-OPERATIVE SOCIETY, BASAVANAHALLI, KUSHALNAGAR- 571 234 REPRESENTED BY ITS SECRETARY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT 5. THE DISTRICT CASTE VERIFICATION COMMITTEE FOR KODAGU DISTRICT AT OFFICE OF THE DEPUTY COMMISSIONER FOR KODAGU DISTRICT, MADIKERI-571 201 REPRESENTED BY ITS PRESIDENT THE DEPUTY COMMISSIONER KODAGU DISTRICT. 6. THE ASSISTANT COMMISSIONER KODAGU DISTRICT AT MADIKERI 571 201 7. THE TAHASILDAR KUSHALNAGARA TALUK KUSHALNAGARA -571 234 - 3 - NC: 2025:KHC:6479 WP No. 4245 of 2025 8. THE DEPUTY DIRECTOR THE DEPARTMENT OF SOCIAL WELFARE KODAGU DISTRICT NEAR SUDARSHAN CIRCLE, SGSY BUILDING, MADIKERI -571 201 9. HITENDRA.J., RETURNING OFFICER SOMAVARAPETE TALUK BASAVANAHALLI KUSHALANAGARA 10. SUNIL RAO S.R., AGED ABOUT 37 YEARS S/O LATE S.N.RAJA RAO R/AT MALLENAHALLI VILLAGE KUDIGE POST, KUSHALNAGARA TALUK KODAGU DISTRICT-571 232 11. ARUN RAO S.R., AGED ABOUT 39 YEARS S/O LATE S.N.RAJA RAO R/AT HEGGADAHALLI VILLAGE KUDIGE POST, KUSHALNAGARA TALUK KODAGU DISRICT- 571 232. 12. ANIL RAO S.R., AGED ABOUT 34 YEARS S/O LATE S.N.RAJA RAO R/AT HEGGADAHALLI VILLAGE KUDIGE POST, KUSHALNAGARA TALUK KODAGU DISRICT -571 232 13. POORNIMA S.R., AGED ABOUT 41 YEARS D/O LATE S.N.RAJA RAO W/O ARUN RAO P., R/AT NO. 417/10 MADESHWARA TEMPLE ROAD K.N.PURA, UDAYAGIRI MYSORE DISTRICT-570 019. - 4 - NC: 2025:KHC:6479 WP No. 4245 of 2025 14. SWAPNA S.R., AGED ABOUT 31 YEARS D/O LATE S.N. RAJA RAO W/O ADARSH RAO M C R/A NO. 153, KOPPA VILLAGE AND POST PIRIYAPATNA. MYSURU DISTRICT-571 104 …RESPONDENTS (BY SRI.YOGESH D. NAIK, AGA FOR R1, R3, R6 TO R8 SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2 NOTICE TO R4, R5, R9 TO R14 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO POSTPONE THE ELECTION SCHEDULED ON 13.02.2025 (ANNEXURE-A) BY ISSUING A FRESH CALENDAR OF EVENTS BY THE R-4. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following prayers: a) “Issue a Writ of Certiorari or any other writ, order or direction, Directing the Respondent No.3 to postpone the election scheduled on 13.02.2025 (Annexure-A) by issuing a fresh Calendar of Events by the Respondent No.4. b) Issue a writ of mandamus or any other appropriate writ, order or direction, to the Respondent No.5 to expedite the process of verifying whether Respondent No.11 belongs to the Scheduled Tribe (ST) category. - 5 - NC: 2025:KHC:6479 WP No. 4245 of 2025 c) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondent, learned counsel Sri.C.Jagadeesh appearing for respondent Nos.5 to 8. Learned counsel for the petitioner files memo seeking dispensation of notice to respondent Nos.9 to 14. Memo is taken on record, notice to respondent Nos.9 to 14 is dispensed with at the risk of the petitioners. 3. The petitioner by prayer No.1 seeks to direct the respondent No.3 - Returning Officer to postpone the election scheduled on 13.02.2025 by issuing a fresh calendar of events by respondent No.4. The law is well settled that once the election process is being ongoing the Court or the authority cannot interfere and stall the election process. The well established principle of law is in the light of the decision of the Apex Court in case of N.P. Ponnuswami Vs. Returning Officer, Namakkal - 6 - NC: 2025:KHC:6479 WP No. 4245 of 2025 Constituency and others1, wherein the Apex Court has observed that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of and whenever a remedy has been provided by an Act or Statute to challenge the outcome of the election or illegality committed during the course of the election, then extraordinary remedy of Article 226 should not ordinarily be exercised and at paragraph No.29 has held as under: “29. The points which emerge from this decision may be stated as follows :- (1) The right to vote or stand as a candidate for election is not a civil right but is a creature of statute or special law and must be subject to the limitations imposed by it. (2) Strictly speaking, it is the sole right of the legislature to examine and determine all matters relating to the election of its own members, and if the legislature takes it out of its own hands and vests in a Special Tribunal an entirely new and unknown jurisdiction, that 1 (1952) 1 SCC 94 - 7 - NC: 2025:KHC:6479 WP No. 4245 of 2025 special jurisdiction should be exercised in accordance with the law which creates it.” Thus, prayer No.1 seeking to postpone the election is rejected, reserving liberty to raise a dispute before the appropriate authority under Section 70(1)(c) of the Karnataka Co-operative Societies Act, 1959 if so advised in accordance with law. 4. 4. Prayer No.2 is seeking mandamus directing respondent No.5 to expedite the process of verifying whether respondent No.11 belongs to the Scheduled Tribe (ST) category. Several contentions have been raised by the petitioner stating that respondent No.11 does not belong to the particular caste. 5. It is the contention of the petitioner that an application/representation has been submitted to the District Caste Verification Committee i.e., respondent No.5. - 8 - NC: 2025:KHC:6479 WP No. 4245 of 2025 6. Learned counsel Sri.C.Jagadeesh appearing for respondent taking this Court to Sections 4-C and 4-F of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act 1990 (herein referred to as “Act” for short) submits that the revision is to be filed under Section 4-F of the Act before the Deputy Commissioner and not to respondent No.5 - the District Caste Verification Committee, as the order passed by the Tahsildar issuing caste certificate in favor of a particular person is sought challenged. 7. The representation given by the petitioner at Annexure – B is not in accordance with the provisions of the Act, liberty is reserved to petitioner to file revision under Section 4F before the Deputy Commissioner, if so advised and if such a revision is filed, the appropriate authority to consider the same in accordance with law and pass appropriate orders as expeditiously as possible. - 9 - NC: 2025:KHC:6479 WP No. 4245 of 2025 8. With the observation stated supra, writ petition stand disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MEG List No.: 1 Sl No.: 22