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In the High Court of Karnataka, Dharwad Bench

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In the High Court of Karnataka, Dharwad Bench : 1 : IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF APRIL, 2017 BEFORE HON' BLE MR. JUSTICE B.SREENIVASE GOWDA WP NOs 103145-103163 OF 2017 (CS-EL) BETWEEN 1. GULAPPA S/O. BHEEMAPPA KALADAGI AGE:67 YEARS, OCC:AGRICULTURE, R/O HOUSE NO. 4161,WARD NO. 5, ANAND NAGAR, BADAMI, TQ:BADAMI, DIST:BAGALKOT. 2. ASHOK S/O SURESH BHIMAPPA DARIYAPPANAVAR AGE:34 YEARS, OCC:AGRICULTURE, R/O HOUSE NO. 457, KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 3. DHARIYAPP DHARIYAPPANAVAR URF WALIKAR S/O SURESH AGE:33 YEARS,OCC:AGRICULTURE, R/O WARD NO. 3, HOUSE NO. 457, KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 4. SMT. HANAMAVVA W/O DARIYAPPA DARIYAPPANAVAR AGE:24 YEARS,OCC:AGRICULTURE, R/O HOUSE NO. 457, : 2 : KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. [ 5. YAMANAPPA S/O LATE BHIMAPPA DHARIYAPPANAVAR AGE:66 YEARS,OCC:AGRICULTURE, R/O HOUSE NO. 606,WARD NO. 3, KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 6. SMT. SHANTAVVA W/O YAMANAPPA DHARIYAPPANAVAR AGE:66 YEARS,OCC:AGRICULTURE, R/O HOUSE NO. 614,WARD NO. 3, KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 7. RAMESH S/O YAMANAPPA DHARIYAPPANAVAR AGE:66 YEARS,OCC:AGRICULTURE, R/O HOUSE NO. 606,WARD NO. 3, KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 8. JAGADISH S/O YAMANAPPA DHARIYAPPANAVAR AGE:23 YEARS,OCC:AGRICULTURE, R/O HOUSE NO. 614,KUNDARGI VILLAGE, BILAGI,TQ:BILAGI,DIST:BAGALKOT. 9. SMT. KASHIBAI D/O YAMANAPPA DHARIYAPPANAVAR AGE:27 YEARS,OCC:AGRICULTURE, R/O. KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. : 3 : 10. SMT. YALLAVVA W/O SURESH DHARIYAPPANAVAR URF WALIKAR, AGE:54 YEARS,OCC:AGRICULTURE, R/O. HOUSE NO. 614,WARD NO. 3, KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 11. SMT. SHOBA W/O RAMESH DHARIYAPPANAVAR AGE:24 YEARS,OCC:AGRICULTURE, R/O. KUNDARGI VILLAGE, BILAGI, TQ:BILAGI,DIST:BAGALKOT. 12. SMT. KASTURI W/O GOOLAPPA KALADAGI AGE:56 YEARS,OCC:AGRICULTURE, R/O. HOUSE NO. 4161,WARD NO. 5, ANAND NAGAR,BADAMI, TQ:BADAMI, DIST:BAGALKOT. 13. SMT. RENUVVA W/O RAMAPPA NOTAGAR AGE:48 YEARS,OCC:AGRICULTURE, R/O. HOUSE NO. 944,ASHRAYA COLONY, MUTTALAGERI VILLAGE,BADAMI, TQ:BADAMI, DIST:BAGALKOT. 14. AVINASH S/O GOOLAPPA KALADAGI AGE:32 YEARS,OCC:AGRICULTURE, R/O. WARD NO. 5,ANAND NAGAR, 2ND CROSS, MUTTALAGERI VILLAGE,BADAMI, TQ:BADAMI, DIST:BAGALKOT. 15. DAYAVAPPA S/O DAYAMANNA BEERANUR AGE:40 YEARS, OCC:AGRICULTURE, R/O. HOUSE NO. 132, MUSTHIGERI VILLAGE,BADAMI, : 4 : TQ:BADAMI, DIST:BAGALKOT. 16. REVANSIDDAPPA S/O KARIYAPPA NOTAGAR AGE:42 YEARS, OCC:AGRICULTURE, R/O. HOUSE NO. 5, CHALUKYA NAGAR, BADAMI, TQ:BADAMI, DIST:BAGALKOT. 17. RAVI S/O MALANAGOUD PATIL AGE:45 YEARS, OCC:AGRICULTURE, R/O. HOUSE NO. 5,KMP CHALL, BADAMI, TQ:BADAMI, DIST:BAGALKOT. 18. RAMAPPA S/O NINGAPPA NOTAGAR AGE:54 YEARS, OCC:AGRICULTURE, R/O. MUTTALAGERI VILLAGE, BADAMI, TQ:BADAMI, DIST:BAGALKOT. 19. SHIVAPPA S/O LATE BIRAPPA NAIKAR AGE:48 YEARS, OCC:AGRICULTURE, R/O. HOUSE NO. 575, WARD NO. 2, BANADAR ONI, BADAMI, Q:BADAMI, DIST:BAGALKOT. ... PETITIONERS (By Sri. F V PATIL & Sri. NANDISH PATIL, ADVOCATES) AND 1. THE CO-OPERATIVE ELECTION COMMISSION REP. BY ITS COMMISSIONER, 3RD FLOOR, SHANTINAGAR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU- 560 027 : 5 : 2. THE ELECTION OFFICER/ THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/ LAND DEVELOPMENT OFFICER, CO-OPERATIVE, KHADA MALAPRABHA AND GHATAPRABHA PROJECTS, BELAGAVI 3. THE ADMINISTRATOR KANAKADASA PATTINA SAHAKARI SANGHA LIMITED,BADAMI, TQ:BADAMI, DIST:BAGALKOT 4. THE RETURNING OFFICER/ TO HOLD ELECTIONS TO THE COMMITTEE OF MANAGEMENT OF KANAKADASA PATTINA SAHAKARI SANGHA LIMITED, BADAMI, TQ:BADAMI, DIST:BAGALKOT 5. KANAKADASA PATTINA SAHAKARI SANGHA LIMITED, BADAMI, TQ:BADAMI, DIST:BAGALKOT REP. BY ITS SECRETARY/CHIEF EXECUTIVE, SAI NAGAR, SHETTAR COMPLEX, BADAMI, TQ:BADAMI, DIST. BAGALKOT 6. DR. DEVARAJ H. PATIL AGE:MAJOR, OCC:DOCTOR, R/O. DHANUSH HOSPITAL, BAGALKOT, TQ & DIST. BAGALKOT ... RESPONDENTS (By Sri. SHIVA PRABHU HIREMATH, AGA FOR R3) (By Sri. HEMANTH KUMAR L HAVARAGI ADVOCATE FOR R1, R2 & R4) (By Sri. VIDYASHANKAR G DALWAI ADVOCATE FOR R5 & R6) : 6 : THESE WRIT PETITIONS ARE FILED UNDER SECTIONS 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED APPROVAL ORDER DATED:20.03.2017 ISSUED AND APPROVED BY THE 3RD RESPONDENT VIDE ANNEXURE-E ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING (B GROUP) THIS DAY, THE COURT MADE THE FOLLOWING ORDER Heard Sri. F.V.Patil, the learned counsel for the petitioners, learned Government Advocate for respondent No. 3, Sri. Hemant Kumar L Havaragi, learned counsel for respondent Nos. 1,2,4 and Sri. Vidyashankar G Dalwai, learned counsel for respondent Nos. 5 and 6. Perused the writ petition and Annexures produced along with the writ petition and the statement of objections filed on behalf of respondent Nos. 1,2 and 4 is taken on record and I have perused the same. 2. Petitioners in the above writ petitions have sought for the following reliefs. i) To quash the impugned approval order dated:20.03.2017 issued and approved by the 3rd respondent vide annexure-E. : 7 : ii) To quash the calendar of events issued on 26.03.2017 by the 4th respondent vide annexure-G. iii) Alternatively, a direction may be issued to the election officer-respondent no.2 and the returning officer respondent no.4 to hold elections permitting all the eligible members including the petitioners to exercise their vote and to contest the elections in terms of annexures-C and D. 3. The grievance of the petitioners is respondents Nos. 1, 2 and 4 are holding elections to the Managing Committee of the 5 th respondent Sahakari Sangha without issuing identity cards to its members and without preparing up to date voter list and defaulters voter list contrary to the provisions of the Karnataka Co-operative Societies Act and Rules thereto. It is further grievance of the petitioners that said respondents have illegally rejected the nominations of some of the petitioners and at the same time they have accepted the defective nominations of their rival group. 4. The learned counsel for the respondents including the learned Government Advocate for respondent No.3 jointly submit Writ petitions are not maintainable in view of alternate and efficacious remedy available to the petitioners under Section 70 (2) of the : 8 : Karnataka Co-operative Societies Act (herein after referred to as “Act” for short). 5. At this stage the learned counsel for the petitioners submits the petitioners may be permitted to withdraw the writ petitions with a liberty to challenge the calendar of events and holding of elections to the Managing Committee of the 5 th respondent Sangha in utter violation of the provisions of the Act and Rules thereto, by raising a dispute under Section 70 (2) of the Act and in that event a direction may be issued to the concerned authority to dispose such dispute expeditiously and a memo on behalf of the petitioners is also filed in this regard and it is taken on record. Hence the following, ORDER Writ petitions are dismissed as withdrawn. It is always open to the petitioners to challenge the calendar of events issued by 4 th respondent for holding elections to the Managing Committee of the 5 th respondent Sangha in violations of the provisions of the Act and Rules thereto as alleged by the petitioners by raising a Dispute under Section 70 (2) of the Act, before : 9 : the Jurisdictional Registrar of the Co-operative Societies. In the event of the petitioners raising any such dispute before the jurisdictional Registrar of Co- operative Societies, the said Registrar shall consider and dispose of such dispute on merits and in accordance with law as expeditiously as possible at any rate within five months from the date of raising such dispute by providing opportunity of hearing to all the parties. Parties to the dispute shall extend their co- operation with the Registrar concerned so as to enable him to dispose of the dispute within the period as indicated herein above. Sd/- JUDGE Meti..
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