Case Note & Summary
The petitioners were candidates who contested the election for the post of directors of Hanumanthapura Milk Producers Co-operative Society in Gowribidanur Taluk, Chickaballapur District. The elections were conducted on 2nd February 2014. The petitioners approached the Civil Court by filing a suit in O.S.No.49/2014 seeking a decree of mandatory injunction directing the 2nd respondent – Election Officer not to announce the election results, and in the alternative, sought setting aside the election and recounting of votes. An ex parte order of temporary injunction was granted by the Civil Court restraining the defendants from announcing the results, but this order was vacated on 5.3.2014. Thereafter, the petitioners filed the present writ petitions under Articles 226 and 227 of the Constitution of India seeking a direction to the 4th respondent to consider their representation dated 15.3.2014. The High Court observed that the petitioners had an alternative remedy of filing an election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959, which provides for adjudication of election disputes. The court held that the writ petitions were not maintainable in view of the availability of such alternative remedy and dismissed the petitions, leaving it open to the petitioners to pursue the remedy of election petition.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Availability of Election Petition - Petitioners, candidates in election to directors of a milk producers co-operative society, challenged the election results by filing a civil suit and later writ petitions - Held that the High Court should not entertain writ petitions when an efficacious alternative remedy of filing an election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959 is available (Paras 1-4).
Issue of Consideration
Whether the High Court should entertain writ petitions under Articles 226 and 227 of the Constitution of India challenging the election results of a co-operative society when an alternative remedy of filing an election petition is available under the Karnataka Co-operative Societies Act, 1959.
Final Decision
Writ petitions dismissed. Petitioners are at liberty to avail the remedy of election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959.
Law Points
- Election disputes
- Co-operative societies
- Alternative remedy
- Writ jurisdiction
- Articles 226 and 227 of the Constitution of India
Case Details
2014 LawText (KAR) (03) 46
Writ Petition Nos.13896-13901/2014(CS/EL/M)
Shri.Anil Kumar J.M. for petitioners; Shri.Kiran Kumar T.L., AGA for respondents 1,2 and 4
Shri. Chindigiri Gowda, Shri. A.Jayarame Gowda, Shri. H.N.Purushotham Gowda, Shri. Bheema Lingaiah, Shri. H.C. Ramakrishne Gowda, Shri. H.V. Ramaiah
The Returning Officer, Hanumanthapura Milk Producers Co-operative Society; The Election Officer (Counting); The Secretary, Hanumanthapura Milk Producers Co-operative Society; The District Election Officer and Registrar of Co-operative Societies
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging election results of a co-operative society.
Remedy Sought
Direction to the 4th respondent to consider the representation dated 15.3.2014 submitted by the petitioners.
Filing Reason
Petitioners, candidates in the election to directors of Hanumanthapura Milk Producers Co-operative Society, sought to challenge the election results after the civil court vacated the temporary injunction.
Previous Decisions
Civil Court in O.S.No.49/2014 granted ex parte temporary injunction restraining announcement of results, which was vacated on 5.3.2014.
Issues
Whether the High Court should entertain writ petitions under Articles 226 and 227 when an alternative remedy of filing an election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959 is available.
Submissions/Arguments
Petitioners argued that the election was conducted improperly and sought recounting of votes.
Respondents contended that the writ petitions are not maintainable as an alternative remedy of election petition exists.
Ratio Decidendi
When an efficacious alternative remedy is available under the statute, the High Court should not entertain writ petitions under Articles 226 and 227 of the Constitution of India. The remedy of election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959 is an appropriate remedy for challenging election results of a co-operative society.
Judgment Excerpts
Petitioners are all candidates who contested the election to the post of directors of Hanumanthapura Milk Producers’ Co-operative Society in Gowribidanur Taluk, Chickaballapur District.
In the alternative, petitioners have also sought for setting aside the election dated 2nd February 2014 and to direct the defendants therein to recount the votes.
At the first instance, an exparte order of temporary injunction was granted by the Civil Court restraining the defendants therein from announcing the results. This order has been vacated by order dated 5.3.2014.
In view of the availability of alternative remedy of filing an election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959, these writ petitions are not maintainable.
Procedural History
Elections held on 2.2.2014. Petitioners filed civil suit O.S.No.49/2014 seeking injunction and setting aside of election. Ex parte injunction granted, vacated on 5.3.2014. Petitioners then filed writ petitions under Articles 226 and 227 on 21.3.2014.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Co-operative Societies Act, 1959: Section 70
