Karnataka High Court
Sri Govind Shambu Gowda vs The State Of Karnataka on 24 December, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2024:KHC-D:18590
WP No. 107841 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO. 107841 OF 2024 (CS-EL/M)
BETWEEN:
SHRI GOVIND SHAMBU GOWDA, S/O. GOUDA SHAMBU,
AGE. 55 YEARS, OCC. AGRICULTURE,
R/O. HEBBARITHAL VILLAGE,
GUNNAVANTHE, HONNAVARA TALUK,
UTTARA KANNADA DISTRICT-581348.
...PETITIONER
(BY SRI. NAYANA KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S. BUILDING,
AMBEDKAR VEEDHI, BENGALURU-560001.
2. CO-OPERATIVE ELECTION COMMISSION,
R/BY ITS COMMISSIONER,
3RD FLOOR, SHANTI NAGAR,
TTMC 'A' BLOCK, BENGALURU-560027.
3. THE DEPUTY COMMISSIONER,
MANJANNA
E UTTARA KANNADA DISTRICT.
Digitally signed by
MANJANNA E
Location: High
Court of Karnataka
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,
Date: 2024.12.24
16:59:34 +0530 KARWAR, DIST. UTTARA KANNADA DISTRICT.
5. VIVIDOSHA PRATHAMIKA GRAMEEN
KRISHI SAHAKARI SANGH,
HONNAVARA, UTTARA KANNADA DISTRICT.
6. THE RETURNING OFFICER
VIVIDOSHA PRATHAMIKA GRAMEEN
KRISHI SAHAKARI SANGH
HONNAVAR, UTTARA KANNADA DISTRICT.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1, R3 AND R4;
SRI. SOURABH HEDGE, ADVOCATE FOR R5/CAVEATOR;
NOTICE TO R2 AND R6 DISPENSED WITH.)
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WP No. 107841 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO, A. ISSUE A
WRIT OF CERTIORARI AND QUASH THE ORDER DATED 21.12.2024
PASSED BY THE 4TH RESPONDENT THE DEPUTY REGISTRAR OF CO-
OPERATIVE SOCIETIES. B. ISSUE A WRIT OF MANDAMUS DIRECTING
THE 6TH RESPONDENTS TO PERMIT THE PETITIONER TO CONTEST
THE ELECTION DATED 28.12.2024 IN PURSUANCE OF CALENDAR OF
EVENTS DATED 06.12.2024 IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
ORAL ORDER
(PER: THE HON’BLE MR. JUSTICE RAVI V.HOSMANI)
Writ petition is filed seeking for following relief”
a) Issue a writ of certiorari and quash the order dated
21.12.2024 passed by the 4th respondent the Deputy
Registrar of Co-operative Societies.
B. Issue a writ of mandamus directing the 6th
Respondents to permit the petitioner to contest the
election dated 28.12.2024 in pursuance of calendar of
events dated 06.12.2024 in the interest of justice and
equity.
C. Pass such other order or orders which this Hon’ble
court deems fit and necessary under the facts and
circumstances of the case.
2. Sri. Nayana Kumar, learned counsel for petitioner
submits that, petitioner in pursuance of Election Notification at
Annexure-A, had filed nomination application as per Annexure-
B on 15.12.2024. But same was rejected at fag end of election
process on 21.12.2024 as per Annexure-C. It was submitted,
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petitioner belongs to Grama Vakkalu caste falling under
Category ‘A’. He had appended caste certificate at Annexure-D
along with nomination. It was submitted, said caste would fall
within Category-A of the notified castes under provisions of
Karnataka Gram Swaraj and Panchayat Raj Act, Returning
Officer rejected nomination application on ground that
certificate is not compliant with Explanation to Rule 14-ALA of
the Karnataka Co-operative Societies Rules. It was submitted
alternative remedy provided under Section 70 of Karnataka Co-
operative Societies Act was not efficatious as election would be
concluded. Hence, writ petition was filed.
3. Sri. Sourabh Hegde, learned counsel for
caveator/respondent no.5 on other hand, would oppose writ
petition. He has filed a memo producing proforma of caste
certificate issued under provision of Karnataka Gram Swaraj
and Panchayat Raj Act and regular caste certificate to point out
differences. It was also submitted that, this Court in Writ
Petition no.107059/2024 disposed of on 27.11.2024 had held
that disputes regarding election would require to be adjudicated
under Section 70 of Karnataka Co-operative Societies Act and
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there would be no scope to interfere with ongoing election
process.
4. Learned AGA for respondent nos.1, 3 and 4
supports submission.
5. Heard learned counsel and perused writ petition.
6. In view of nature of order passed, notice to
respondent nos.2 and 6 is dispensed. Moreover panel counsel
for respondent no.2 is not available to assist this Court.
7. It is not in dispute that rejection of nomination can
be subject matter of dispute under Section 70 of the Karnataka
Co-operative Societies Act. Only question to be examined
herein would be whether petitioner requires to be relegated to
avail said remedy or whether any indulgence may be shown at
this stage.
8. Since election process has been set in motion and
scheduled to be held on 28.12.2024 and Notification at
Annexure-A read with Rule 14-ALA of the Karnataka Co-
operative Societies Rules, mandatorily provides furnishing of
caste certificate under provisions of Karnataka Gram Swaraj
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and Panchayat Raj Act, I do not find any prima facie or good
ground to differ with view taken in Writ Petition
no.107059/2024.
9. Hence, writ petition is dismissed reserving liberty to
petitioner to avail alternative remedy by keeping open all
contentions.
Sd/-
(RAVI V.HOSMANI)
JUDGE
Kmv
CT: VP