Case Note & Summary
The petitioners, Lakshman and Shivakumar, filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought to quash the declaration issued under Rule 14 of the Karnataka Cooperative Societies Rules, 1960 by respondent No. 4 (Returning Officer) in respect of respondent Nos. 6 and 7 (Ashok and Wajuddin) for the presidential election of the 5th respondent (Bidar Sahakara Sakkare Karkane Ltd Hallikhed, a sugar factory). The petitioners also sought an interim order restraining respondent Nos. 6 and 7 from participating in the election scheduled for 24.05.2015, or alternatively, to stay the election. The court, after hearing the senior counsel for the petitioners and the Additional Government Advocate for the respondents, observed that the petitioners were not candidates in the election nor members of the 5th respondent society. The court held that the petitioners lacked locus standi to challenge the declaration of candidates, as they had no direct interest in the election process. Consequently, the court dismissed the writ petitions, finding no merit in the challenge. The judgment was delivered by Justice A.N. Venugopala Gowda on 19.05.2015.
Headnote
A) Constitutional Law - Locus Standi - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Petitioners, who were neither candidates nor members of the cooperative society, challenged the declaration of candidates for the presidential election of the society. The court held that the petitioners lacked locus standi to maintain the writ petition as they had no direct interest in the election process. (Paras 1-5) B) Cooperative Societies - Election - Declaration of Candidates - Rule 14 of the Karnataka Cooperative Societies Rules, 1960 - The Returning Officer issued a declaration under Rule 14 declaring respondent Nos. 6 and 7 as candidates for the presidential election. The court found no merit in the challenge as the petitioners failed to establish any legal right or grievance. (Paras 1-5)
Issue of Consideration
Whether the petitioners, who are not candidates or members of the cooperative society, have locus standi to challenge the declaration of candidates under Rule 14 of the Karnataka Cooperative Societies Rules, 1960.
Final Decision
The writ petitions were dismissed as the petitioners lacked locus standi.
Law Points
- Locus standi
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Cooperative societies election
- Declaration under Rule 14 of the Karnataka Cooperative Societies Rules
- 1960
