High CourtsSingle Bench(2011) 12 KAR CK 0163

B.N. Srinivasappa, Sri M.E. Srinivasa Reddy and Smt. Sonamma vs The State of Karnataka, Taluka Agricultural Produce Co-Operative Marketing Society (Tapcms) Chintamani and Smt. M. Usha Bai, The Returning Officer Taluka Agricultural Produce Co-Operative Marketing Society (TAPCMS) Chintamani

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
B.V. Nagarathna, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No''s. 44596-598 of 2011 (CS-EL/11)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 232 words

Hon''ble Mrs. Justice B.V. Nagarathna

1.

These writ petitions are directed against Annexure "B", v/hich is a declaration of the results held on 24/11/2011 and a further direction is sought to hold the said elections are not in accordance with law.

2.

I have heard the learned counsel for petitioners and the learned A.G.A. for respondents 1 and 2 and perused the material on record.

3.

As far as the prayers in these Writ Petitions are concerned, the petitioners have an alternative remedy of assailing the elections by invoking Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. In that view of the matter, the aforesaid prayers cannot be sought in these writ petitions.

4.

At this stage, learned counsel for the petitioners submits that an application for amendment of the writ petition has been filed seeking deletion of these prayers and for fresh prayers. I have perused the application filed under Order 6 Rule 17 of CPC. The application only states that permission may be granted to amend the writ petition in the interest of justice and equity. The amendment sought has not at all been stated in the application. In that view of the matter, there are no prayers sought by way of amendment. These writ petitions seeking the aforesaid prayers is dismissed as not maintainable.

However liberty is reserved to the petitioners to seek alternative remedy, if so advised.