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