REVANASIDDESHWARA K.G. Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) PETITIONER is the Director of 5th respondent -Katalagere Milk Producers Co -operative Society Ltd., Channagiri. 5th respondent -Society is the member of the 4th respondent -Shimoga Co -operative Milk Producers Union. The members of the 5th respondent -Society are entitled to nominate one of their Directors to represent them in the election to be held to the Board of Directors of the 4th respondent -Union. 6th respondent is another Primary Milk Producers Co -operative Society at Channagiri, having similar privilege to send by way of nominating one of its Directors to represent it in the election of the Board of Directors of 4th respondent -Union.

(2.) PETITIONER was nominated to vote, propose or contest in the election to the Board of Directors of 4th respondent -Union by the 5th respondent -Society. Likewise, 7th respondent was nominated to represent the 6th respondent -Society. 8th respondent -H.K. Basappa who has been impleaded subsequently represents Kanchugaranahalli Milk Producers Cooperative Society in Channagiri Taluk, as he has been nominated by the said Society to participate and represent in the election to be held to the Board of Directors of the 4th respondent -Union.

(3.) ON 19.05.2014, the Returning Officer rejected the nomination of the petitioner as per Annexure -F on the ground that the proposer Mr. Suryaprakash S/o. Bujjaraja - 7th respondent who had proposed the name of the petitioner was the nominee of the 6th respondent -Society but was not authorized by his society to propose the name of any other candidate, as he was only authorized to vote in the election to the Board of Directors of the 4th respondent. However, despite the restricted authority given he had proposed the name of the petitioner, therefore, the nomination filed by the petitioner was defective as the person who had proposed his name was not eligible to propose. At this stage, being aggrieved by the rejection of the nomination vide Annexure -F, petitioner has rushed to this Court and has filed this writ petition on 21.05.2014.