RAVIKUMAR H P S/O LATE H G PUTTEGOWDA Vs. STATE OF KARNATAKA DEPARTMENT OF APMC VIDHANA SOUDHA BANGALORE

JUDGEMENT

(1.) The petitioner herein is claiming himself to be an authorized representative to participate in the election to be held for Sakaleshpur APMC. According to him the election notice bearing No.Chunavane(2)/APMC/69/2016- 17, dated 16.12.2016, vide Annexure-A was issued calling upon the nomination for election to Sakaleshpur APMC which is at Item No.4 to the said notice, which deals with election to the post of Members of Sakaleshpur APMC. In the said Item No.4 there is a reference to nomination under different 14 categories.

(2.) In these proceedings, the grievance of the petitioner is that the election to Sakaleshpur APMC Cooperative Society was scheduled to be conducted on 12.1.2017. The name of the petitioner was agreed by majority of members of 6th respondent-society which is at Sl.No.13 to Item No.14 of the notice dated 16.12.1016. The recommendation of Ravikumar H.P., the petitioner herein, as the candidate for the society is at Annexure-B. The grievance of the petitioner is that though he is selected by majority of members of the society by passing a resolution as a candidate, respondent No.8 has filed nomination independently which is contrary to Rule 41(1A) of Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968 ('Rules' for short).

(3.) A reading of the said Rule does not support the same inasmuch as the there is no reference to the candidate being recommended based on the resolution to be passed. Therefore, the contention raised by the petitioner is opposed by the learned Additional Government Advocate on the premise that the resolution which is passed does not give any force in the eye of law to recognize a person said to be nominated in the aforesaid manner as the only person as a candidate. He would rely upon a decision of a Co-ordinate Bench of this Court where it deals with a batch of writ petitions, in the case of Service Co-operative Society Ltd., Chalkapur Vs. The Deputy Commissioner, Bidar & others, 1975 ILR(Kar) 241, wherein at paragraph 27 it is held as under:-