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2025 DAILYLAW 2773 (KAR)

HOLABASAPPA S/O ISHWARAPPA CHIKKUR v. THE STATE CO-OPERATIVE ELECTION AUTHORITY

WP/100136/2025 · 2025-01-09

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:371 WP No. 100136 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100136 OF 2025 (CS-EL/M) BETWEEN: HOLABASAPPA S/O. ISHWARAPPA CHIKKUR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: BUDANUR VILLAGE, AT POST SALAHALLI, TALUK: RAMADURGA, DISTRICT: BELAGAVI – 591 130. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE CO- OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU – 560002, REPRESENTED BY ITS COMMISSIONER. 2. THE ELECTION OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY CO-OPERATIVE SOCIETIS, AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELGAVI DISTRICT BELAGAVI 590 013. 3. THE RETURNING OFFICER PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT SALAHALLI TALUK: RAMDURGA, DISTRICT BELAGAVI – 591 123. 4. PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT SALAHALLI TALUK: RAMDURGA, DISTRICT BELAGAVI – 591 123, REPRESENTED BY CHIEF EXECUTIVE OFFICER. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:371 WP No. 100136 of 2025 5. THE ASSISTANT REGISTRAR COOPERATIVE SOCIETIES BAILHONGAL AND AUTHORITY UNDER THE ACT. BAILHONGAL DISTRICT BELAGAVI - 590 011. 6. GANGASAHEB S/o BALASAHEB DESAI AGE: MAJOR, OCC: AGRICULTURE R/O: KAMANAKOPPA, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. 7. CHANNAPPA YALLAPPA CHOORI. AGE: MAJOR, OCC: AGRICULTURE R/O: GUDAKATTI, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. 8. SHIVANAND MALLAPPA TALLUR AGE: MAJOR, OCC: AGRICULTURE R/O: BUDANUR, AT POST: SALAHALLI, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. 9. RAJU ARJUN TUNGAL AGE: MAJOR, OCC: AGRICULTURE R/O : BUDANUR, AT POST: SALAHALLI, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. 10. HANAMANTAPPA BALLAPPA MADDI. AGE: MAJOR, OCC: AGRICULTURE R/O: KAMANAKOPPA, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. 11. SIDDAPPA DUNDAPPA GADADAR. AGE: MAJOR, OCC: AGRICULTURE R/O: KAMANAKOPPA, TALUK RAMADURG AND DISTRICT BELAGAVI - 591 123. 12. IRANAGOUDA RUDRAGOUDA HOSAGOUDAR. AGE: MAJOR, OCC: AGRICULTURE R/O: BUDANUR, AT POST: SALAHALLI, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. - 3 - NC: 2025:KHC-D:371 WP No. 100136 of 2025 13. PUSHPAVATI IRAPPA MURAGOD. AGE: MAJOR, OCC: AGRICULTURE R/O: CHANNATTI, TALUK RAMADURG AND DISTRICT BELAGAV – 591 123. 14. CHINNAPPA MALLAPPA VADDAR. AGE: MAJOR, OCC: AGRICULTURE R/O : BUDANUR, AT POST: SALAHALLI, TALUK RAMADURG AND DISTRICT BELAGAVI – 591 123. 15. SOMASHEKHARAYYA IRAYYA HALAGIMAT AGE: MAJOR, OCC: AGRICULTURE R/O : KAMANAKOPPA, TALUK RAMADURG AND DISTRICT BELAGAVI - 591 123. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R5; SRI G.V.BHARAMAGOUDA, ADVOCATE FOR R2 AND R3) 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 THE 3RD RESPONDENT NOT TO HOLD THE ELECTIONS TO THE POST OF PRESIDENT AND VICE PRESIDENT OF THE 4TH RESPONDENT SOCIETY SCHEDULED ON 10/01/2025 AS PER CALENDAR OF EVENTS DATED 31/12/2024 VIDE ANNEXURE B UNTIL THE 5TH RESPONDENT DECIDE THE ELECTION PETITION VIDE ANNEXURE C IN THE ENDS OF JUSTICE AND EQUITY. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:371 WP No. 100136 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question an order dated 10.01.2025, by which, the Interlocutory Application of the petitioners to stall the elections to the posts of President and Vice President of the 4th respondent comes to be rejected. 2. Heard the learned counsel for petitioners and learned HCGP for the respondent-State. 3. It transpires that the petitioners are before the concerned Court calling in question the elections held to the 4th respondent-Society and the matter is pending consideration. There was no interim order granted of stay of further proceedings. Therefore, the calendar of events is now notified by the Returning Officer for the purpose of conduct of elections to the posts of President and Vice President of the Society. It is then the petitioners move the application that was filed along with the petition seeking stay of further proceedings. The concerned Court - 5 - NC: 2025:KHC-D:371 WP No. 100136 of 2025 rejects the prayer for any interim relief on the score that the calendar of events had already been notified for the purpose of conduct of election of President and Vice President. 4. I do not find any warrant to interfere with the reasons so rendered by the concerned Court though the order does not inspire the confidence insofar as the rendering of reasons is concerned. The order is cryptic but the issue is that calendar of events have already been notified. Therefore, all proceedings that would be taken pursuant to the filing of Election Petition shall remain subject to the result of Election Petition including the election to the posts of President and Vice President. 5. All the contentions are left to be urged by the petitioners before the concerned Court. The proceedings before the 1st respondent be concluded, in terms of the mandate and statute without brooking any further delay than what is prescribed under the statute. - 6 - NC: 2025:KHC-D:371 WP No. 100136 of 2025 6. Ordered accordingly. 7. In view of the aforesaid reasons, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 3 Sl No.: 7