WP.3924/2014 1

IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 6TH DAY OF FEBRUARY, 2014

BEFORE

THE HON’BLE MR.JUSTICE B.S.PATIL

W.P.No.3924/2014 (CS-EL/M)

BETWEEN

H K RENUKA PRASAD S/O KEMPABOREGOWDA AGED 43 YEARS R/AT HALNOOR VILLAGE TALUK AND DISTRICT. ... PETITIONER

(By Sri.SHANKARANARAYANA BHAT, ADV. )

AND

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY TO THE CO-OPERATIVE DEPARTMENT VIDHANA SOUDHA BANGALORE

2. THE ASSISTANT COMMISSIONER RETURNING OFFICER TUMKUR MILK UNION MALLASANDRA TUMKUR

3. THE TUMKUR MILK UNION LTD., MALLASANDRA REP BY ITS MANAGING DIRECTOR

4. CHANDRASHEKAR S/O KEMPANNA AGED ABOUT 42 YEARS KONDAWADI VILLAGE & POST, MADHUGIRI TALUK, TUMKUR DISTRICT. ... RESPONDENTS

WP.3924/2014 2

(By Sri.T.L.KIRAN KUMAR, AGA FOR R1 & 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF , PRAYING TO QUASH THE RESULT TO THE POST OF PRESIDENT R-3 HELD ON 26.11.2013 ANNX-A AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

1. Learned Additional Government Advocate takes notice for respondents 1 & 2.

2. In this writ petition, petitioner is calling in question the declaration of result of the election to the post of President of the 3 rd respondent – Tumkur Milk Union Limited, Mallasandra held on 26.11.2013 as per the proceedings produced at

Annexure-A of the Returning Officer. By the impugned proceedings, the 4th respondent is declared elected as the

President of the 3 rd respondent – Milk Union.

3. The main contention of the petitioner is that four nominated Directors have participated in the election of the

President contrary to the provisions contained under Section

28A[4-A] of the Karnataka Co-operative Societies Act, 1959

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4. Learned counsel for the petitioner Sri Shankaranarayana

Bhat contends that as there is apparent violation of the mandate of law, the election conducted has to be declared as illegal, inasmuch as the same does not require any detailed investigation or enquiry into the disputed facts.

5. Learned Additional Government Advocate contends that participation of the Ex-officio members is permissible and therefore, there is no justification for this Court to interfere in exercise of the writ jurisdiction as the petitioner has to raise a dispute challenging the election, if he is aggrieved.

6. Having heard the learned counsel for both the parties,

I find it unnecessary for this Court to go into the merits of the matter as the petitioner has to raise a dispute and challenge the election, if he is aggrieved. As a statutory remedy is available to raise a dispute, it is not appropriate in the facts of the present case to interfere with the declaration of the election of the 4 th respondent as President of the 3 rd respondent – Milk Union.

Hence, reserving such liberty, this writ petition is dismissed.

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Learned Additional Government Advocate is permitted to file memo of appearance for respondents 1 & 2 within three weeks from today.

Sd/- JUDGE

PKS