LAWS(KAR)-2019-9-227

M. C. SHASHIKALA Vs. STATE OF KARNATAKA

Decided On September 03, 2019
M. C. SHASHIKALA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Perused the impugned order. The impugned order is an interim order that permits the writ petitioners to exercise their franchise in the elections to be held on 27th May, 2019, if they are otherwise eligible without reference to the provisions of Section 20 [2] [a-iv] and [a-v] of the Karnataka Co-operative Societies Act, 1959. The impugned order records that the writ petitioners are not entitled to claim any equity in the event if they fail in the writ petitions and that the exercise of franchise by the writ petitioners shall be subject to the outcome of the present writ petitions.

(2.) The appellants are not parties to the writ petitions. They claim to be affected by the impugned interim order which is specifically made subject to the outcome of the writ petitions. The elections have already been held on 27th May, 2019. The more appropriate remedy for the appellants is to apply to the learned Single Judge for impleadment and also for vacating the interim relief granted under the interim order.

(3.) Therefore, by granting liberty as aforesaid, we dispose of the appeals.