H.C. MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Although the petitioner is aggrieved of his name not being found in the 'Final Voters List', where the elections to the Board of Directors are scheduled to be held on 11/8/2023 and the petitioner is seeking a direction to the Co-operative Election Authority and the Returning Officer to prepare and publish a fresh Voters List, this Court is of the considered opinion that such a relief cannot be granted in a writ petition filed under Article 226 of the Constitution of India, more so, because the calendar of events have been announced and the last date for filing the nomination papers are over.

(2.) This Court under similar circumstances has passed various orders permitting the writ petitioners either to contest in the elections or to casts votes depending on the time when the writ petitioners approached this Court and the stage of the elections. In the present case, this Court finds that the last date for filing the nomination papers have already elapsed and the elections are scheduled to be held on 11/8/2023 i.e., on tomorrow. Therefore, this Court can only permit the petitioner to cast his vote in the elections that are scheduled to be held tomorrow.

(3.) When the matter came up for Preliminary Hearing on 8/8/2023, this Court had directed the learned Additional Government Advocate to secure instructions from the Chief Officer of the 4th respondent-Society as to whether any individual notice was issued to the petitioner before disqualifying him from contesting in the elections. Learned Additional Government Advocate submits on instructions that no individual notice has been issued to the petitioner. Therefore, the petitioner is entitled for the relief given to all such similarly placed petitioners who had approached this Court, in the case of H.S.Raju and Others Vs. The State of Karnataka and Others in W.P.No.8502/2022 and connected matter. This Court being consistent with the opinion as expressed in W.P.No.8502/2022 which was followed in many other writ petitions including in the case of Kumar K and Others Vs. The State of Karnataka and others, in W.P.No.23375/2022, held that unless individual notices are issued to the members of the Society before disqualifying them and giving opportunity of hearing, such general orders of disqualification by publication of a notification could not be sustained.