S. Sujatha ORDER
S. Sujatha, J.
1. Learned Additional Government Advocate accepts notice on behalf of respondent Nos. 1 to 8.
2. The petitioner has challenged the list of the nomination paper prepared by respondent No. 5, whereby the candidature and nomination of the petitioner has been rejected for the election scheduled to be held on 25.05.2019 to the respondent No. 9-Union.
3. The petitioner is claiming to be the delegate/representative of Padupanamburu Sahakari Vyavsayika Sangha. It is contended that the term of the Managing committee of respondent No. 9-Union comes to an end on 25.05.2019.
4. Sri. Aruna Shyam M., learned counsel appearing for the petitioner would submit that the petitioner's nomination paper has been rejected, without assigning any valid and proper reason and also not providing any opportunity of hearing. Hence, alternative remedy available under Section 70 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred as "the Act" for short) is no bar to invoke the writ jurisdiction under Articles 226 and 227 of the Constitution of India. In support of his contention, the learned counsel relies upon the judgment of the Hon'ble Apex Court in the case of Bharati Reddy V/s. State of Karnataka and others reported in MANU/SC/1034/2017 : (2018) 12 Supreme Court Cases 61.
5. Learned Additional Government Advocate appearing for respondent Nos. 1 to 8 would contend that no writ petition is maintainable once the calendar of events are notified, the petitioner cannot circumvent the alternative remedy available under the Act. Accordingly, he seeks for dismissal of the writ petition.
6. I have carefully considered the arguments of the learned counsel appearing for the parties.
7. It is a well settled law that no dispute regarding the election can be entertained by this Court, more particularly, in view of the alternative and efficacious remedy available under Section 70 of the Act, whereby it is contemplated that any dispute arising in connection with the election of a President, Vice-President or any office bearer or Member of board of the Society, shall be deemed to be the dispute touching the constitution, management, or the business of a Co-operative Society and such dispute shall be referred to the Registrar for decision who shall have the jurisdiction to entertain any suit or other proceedings in respect of such dispute.
8. In the case of Avtar Singh Hit V/s. Delhi Sikh Gurdwara Management Committee and Others, MANU/SC/4630/2006 : [2006] 8 SCC 487, the Hon'ble Apex Court in paragraph Nos. 19, 20, 22 and 23 has held as under:
"19. It is well-settled principle that where elections are conducted in accordance with the provisions of a statute and the statute also provides a remedy of settlement of election disputes by filing an election petition before a tribunal, it is that remedy alone which should be availed of and recourse cannot be taken to proceedings under Article 226 of the Constitution. This view has been taken in series of decisions rendered by this Court. The earliest decision was rendered in N.P. Ponnuswami vs. The Returning Officer MANU/SC/0049/1952 : AIR 1952 SC 64 by a Bench of six learned Judges. In this case the nomination paper of the appellant fo........