High CourtsSingle Bench(2011) 12 KAR CK 0162

Sri R. Jayaram Reddy Ramanna 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. 45280 of 2011 (CS-EL/M)

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Judgment

7 paragraphs · 288 words

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

1.

This writ petition is directed against the notice dated 26/11/2011 (Annexure-F) issued to one Reddappa Naidu G.A., by respondent No.2 herein.

2.

I have heard the learned counsel for the petitioner and the learned AGA for respondent No.1.

3.

At the outset, learned AGA has raised preliminary objections with regard to the locus standi of the petitioner to rile this writ petition. He submitted that the petitioner is a defeated candidate of ''B'' Category Directors and he has no right to contest or vote for the post of Presidentship of either ''A'' Category or ''B'' Category. Secondly, he stated that Annexure "F" is not issued to the petitioner but to somebody else. Therefore, petitioner has no locus standi to file this writ petition.

4.

In response to the said submission, counsel for the petitioner submitted that if an interim stay of the elections is granted, then in future, he may have an opportunity to contest the elections and therefore, Annexure "F" is assailed by the petitioner herein.

5.

Having regard to the rival contentions raised by the counsel on both sides and on perusal of the material on record and having regard to the admitted fact that the petitioner is a defeated candidate in the ''B'' Category in the elections held and has no eligibility to either contest or vote for the post of President-ship of either ''A'' Category or ''B'' Category and having regard to the fact that no notice is issued to the petitioner but to somebody else, I am of the considered view that this petitioner has no locus standi to file this petition.

6.

This writ petition is only speculative in nature and therefore; deserves to be dismissed.