RAYAPPA SATHYAPPA SANNAKKI Vs. MAHESHWADGI GRAMA SEVA SAHAKARI

JUDGEMENT

(1.) The two petitioners who are members of the Co-operative Society known as Maheshwadagi Grama Seva Sahakari Sangha Ltd., have challenged the calendar of events published by the second respondent returning officer for election of committee of management consisting of nine members on the ground that the calendar of events does not provide for reservation of a seat on the committee of management for a member of the Scheduled Caste and Tribe or a woman in accordance with sub-section 2 of Section 28A of the Karnataka Co-operative Societies Act.

(2.) From Annexure-A, the notice of the meeting and calendar of events, it is apparent that nothing about reservation is mentioned. Petitioners have not pointed out any provision of law or rule which compels the returning officer to mention the same in the calendar of events i.e., that a saat for a woman and a seat for Scheduled Caste or Tribe member is reserved. In the absence of such compulsion, it would not be proper for this Court to insist upon the same. If the petitioners are entitled to contest the reserved seat in accordance with law subject to the exceptions created, then, they must file the nomination for such reserved seat. in accordance with the calendar of events now published if their nomination for reserved seat is rejected on the ground that there is no need for reservation, then, this Court may interfere. But, if for other reasons, the nomination is rejected this Court, on disputed questions of fact, will not be in a position to entertain the petition under Article 228 of the Constitution. The petitioners will have to pursue such remedies as are available under law.

(3.) Subject to the observation that there is nothing in the calendar of events now impugned is there a prohibition to file nomination for a reserved seat, whether so announced or not, this petition is rejected. Writ Petition is rejected.