THIPPAREDDY R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned AGA takes notice for respondents No.1 to 3 and 5. Learned counsel Sri T.L.Kiran Kumar, takes notice for respondent No.6. Notice to respondent No.4 is dispensed with.

(2.) The petitioner was earlier before this Court in W.P.No.16929/2023 complaining that although the petitioner has repaid the money borrowed from the respondent- society and there is no due to be paid from the petitioner, nevertheless a notice was issued to the petitioner calling upon him to pay the outstanding amount due to the society and for that purpose the petitioner was disqualified from taking part in the election. This court, by order dtd. 4/8/2023 held that this Court cannot go into disputed question of facts and therefore permitted the petitioner to approach the competent authority by raising a dispute and it was also directed that if such a dispute is raised by the petitioner and the competent authority is convinced that the petitioner had no dues to pay to the respondent society, then the competent authority may pass interim orders enabling the petitioner to contest in the elections. Learned counsel submits that inspite of such directions given by this Court and the petitioner approaching the respondent No.2 - The Deputy Registrar of Co-operative Societies and the 4th respondent - The Chief Executive Officer of the respondent society, no directions were issued by the said authorities to the Returning Officer to permit the petitioner to contest in the elections. Learned counsel would also draw the attention of this Court to Annexure-L, which is a communication dtd. 3/8/2023 made by the District Election Officer and Assistant Registrar of Co-operative Societies to the Chief Executive Officer of the Society to consider the grievance of the petitioner and include the name of the petitioner in the eligible voters list if it is found that the petitioner is not in any way due to the society. Inspite of such communication, the Chief Executive Officer has not issued any directions.

(3.) The learned Additional Government Advocate submits that the elections were scheduled to be held today and therefore no relief can be given to the petitioner at this point of time.