SHAKEEL AHMED MULLA S/O ABDUL RAZAK MULLA v. THE COMMISSIONER
WP/100029/2025 · 2025-01-17
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2611 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2611 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:786 WP No. 100029 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.100029 OF 2025 (CS-RES)
BETWEEN:
SHAKEEL AHMED MULLA S/O. ABDUL RAZAK MULLA, AGED ABOUT 54 YEARS, R/A: DHAROOL NADEEM, MADINA COLONY, BHATKAL, UTTARA - KANNADA – 581 320. …PETITIONER (BY SRI R NAGENDRA NAIK, ADVOCATE)
AND:
1. THE COMMISSIONER, CO-OPEERATIVE ELECTION COMMISSION, 3RD FLOOR SHANTI NAGAR, TTMC A BLOCK KENGAL HANUMANTHAIAH ROAD SHANTI NAGAR, BENGALURU, KARNATAKA – 560 027. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALIASKER ROAD, NEAR RAJ BHAVAN, VASANTH NAGAR BENGALURU, KARNATAKA – 560 052. 3. THE ELECTION OFFICER,
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:34:00 +0530
- 2 -
NC: 2025:KHC-D:786 WP No. 100029 of 2025
BHATKAL URBAN CO-OPERATIVE BANK, MAIN ROAD BHATKAL 58132, NO. 66/1, URBAN BANK, BUILDING, N.K. DISTRICT. 4. THE URBAN CO -OPERATIVE BANK, 66/1, URBAN BANK BUILDING, MAIN ROAD, BHATKAL – 581 320, UTTARA KANNADA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 5. BEENA D/O. MANKAL VAIDYA, AGED ABOUT 21 YEARS, R/O: BASTI, KAIKINI, BHATKAL – 581 421. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI SOURABH HEGDE, ADVOCATE FOR PROP. R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.1 TO COMPLETE THE INVESTIGATION CONSIDERING THE REPRESENTATION DATED 18/12/2024 OF THE PETITIONER AS PER ANNEXURE-C, AND TO FINALIZE THE LIST OF ELIGIBLE VOTERS ONLY AFTER COMPLETION OF INVESTIGATION, TO HOLD ELECTION THEREAFTER TO THE RESPONDENT NO. 4 BANK AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER
- 3 -
NC: 2025:KHC-D:786 WP No. 100029 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking the following prayer: a) Issue a writ in the nature of mandamus directing respondent no.1 to complete the investigation considering the representation dated 18/12/2024 of the petitioner as per annexure-c, and to finalize the list of eligible voters only after completion of investigation,
b) To hold election thereafter to the respondent no. 4 bank and
c) To pass such other order or orders as this court deems fit in the interest of justice and equity.
2. Learned Additional Advocate General Sri Gangadhar J.M., taking this Court through the documents produced by the petitioner would seek to demonstrate that what is called in question is provisional voters list to which the petitioner has filed his objections. 3. If that be so, it is for the authorities to consider the objections and pass necessary orders in accordance with law. There cannot be a question of challenge to the provisional voters list. Writ Petition disposed premature
- 4 -
NC: 2025:KHC-D:786 WP No. 100029 of 2025
reserving liberty to the petitioner to avail such remedy as available in law at the appropriate time before the appropriate form at the appropriate stage. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
NAA/CT-ASC List No.: 1 Sl No.: 89