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2025 DAILYLAW 12783 (KAR)

SRI. K. T. LINGEGOWDA v. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER

WP/161/2025 · 2025-02-14

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:6791 WP No. 161 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 161 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. K. T. LINGEGOWDA, S/O TIPREGOWDA, AGED ABOUT 54 YEARS R/AT CHIKKAKURUBARAHALLI, HAROHALLI HOBLI, JAKKASANDRA, KANAKAPURA RAMANAGAR - 562 112 (SHARE NO. 99) 2. SRI . CHIKKANNA, S/O DEVEGOWDA AGED ABOUT 52 YEARS R/AT CHIKKAKURUBARAHALLI, HAROHALLI HOBLI, JAKKASANDRA, KANAKAPURA RAMANAGAR - 562 112 (SHARE NO. 97) 3. SRI KRISHNAPPA S/O DEVEGOWDA AGED ABOUT 56 YEARS R/AT CHIKKAKURUBARAHALLI, HAROHALLI HOBLI, JAKKASANDRA, KANAKAPURA RAMANAGAR - 562 112 (SHARE NO. 107) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6791 WP No. 161 of 2025 4. SRI PUTTAMADEGOWDA S/O MADEGOWDA, AGED ABOUT 59 YEARS R/AT CHIKKAKURUBARAHALLI, HAROHALLI HOBLI, JAKKASANDRA, KANAKAPURA RAMANAGAR - 562 112 (SHARE NO. 131) …PETITIONERS (BY SRI. M.R. RAJAGOPAL, SR. ADVOCATE FOR SRI. H.N. BASAVARAJU, ADVOCATE) AND: 1. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER, RAMANAGARA DISTRICT, RAMANAGARA - 562 159. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA DISTRICT, RAMANAGARA - 562 159. 3. SRI. S. NAGESH, RETURNING OFFICER TO THE ELECTIONS TO THE MANAGING COMMITTEE OF CHIKKAKURUBARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, HAROHALLI TALUK (EARLIER KANAKAPURA TALUK) AND SUPERINTENDENT OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY RAMANAGARA DISTRICT, RAMANAGARA - 562 159. 4. THE CHIKKAKURUBARAHALLI MILK PRODUCERS COOPERATIVE SOCIETY, - 3 - NC: 2025:KHC:6791 WP No. 161 of 2025 REPRESENTED BY ITS ADMINISTRATOR SRI. L. RAVINDRA SUPERVISOR OF DISTRICT MILK UNION, CHIKKAKURUBARAHALLI, HAROHALLI TALUK, RAMANAGARA DISTRICT, RAMANAGARA - 562 159. 5. CHIKKAKURUBARAHALLI MILK PRODUCERS CO-OPERATVIE SOCIETY, REPRESENTED BY ITS SECRETARY HAROHALLI TALUK, (EARLIER KANAKAPURA TALUK) RAMANAGARA DISTRICT - 562 117. R4 AND R5 IS THE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3; SRI. P. ANAND, ADVOCATE FOR R4 AND R5;) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 3 TO COMPLETE THE ELECTION PROCESS TO THE R-4 SOCIETY FROM THE STAGE WHERE IT IS INTERRUPTED IN VIEW OF THE CALENDAR OF EVENTS DATED 03.12.2024 AS PER ANNX-D KEEPING IN VIEW OF THE MANDATE OF GOVERNMENT ORDER DATED 05.06.2024 AND 13.12.2024 AS PER ANNX-F AND G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:6791 WP No. 161 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The petitioners are seeking direction directing respondent Nos.1 to 3 to complete the election process to respondent No.4-Society from the stage where it is interrupted in view of the calendar of events dated 13.12.2024 at Annexure-D. 2. Heard Sri. M. R. Rajagopal, learned Senior Counsel for Sri. H.N. Basavaraju., learned counsel for the petitioners, Sri. Yogesh D. Naik., learned AGA for respondent Nos.1 to 3 and Sri. P. Anand, learned counsel for respondent Nos.4 and 5. 3. Sri. M. R. Rajagopal, learned Senior Counsel for the petitioners submits that the election process was interrupted after appointing the Returning Officer, according to the calendar of events filing of nomination had to be commence from 11.03.2024 but for the Government order dated 21.03.2024, it was interrupted, process to be completed from the stage it was halted. - 5 - NC: 2025:KHC:6791 WP No. 161 of 2025 4. The affidavit is filed by Deputy Registrar of Co- operative Societies and District Election Officer, Ramanagara District, stating at paragraph No.3 as under: "I state that this Hon'ble Court directed the Respondent to file Affidavit regarding conducting the election. In this regard, Respondent No.1-Deputy Registrar of Co-operative Societies and District Election Officer, Ramanagara District, Ramanagara has appointed the Returning Officer on 12.02.2025. The copy of the appointment letter is herewith produced and marked as Annexure-R1. The election will be conducted within 20 days from 14.02.2025. Therefore, in this regard the Returning Officer will issue fresh Notification. The election will be conducted on or before 07.03.2025." 5. The affidavit indicates that the election will be conducted within 20 days from 14.02.2025 and the Returning Officer would issue further notification and the election would be conducted on or before 07.03.2025. 6. The affidavit is taken on record. Along with the affidavit Annexure-R1 is annexed, the order dated 12.02.2025 appointing the Returning officer. - 6 - NC: 2025:KHC:6791 WP No. 161 of 2025 7. Hence the following order; ORDER i. Writ petition is allowed. ii. Returning Officer is directed to issue a calendar of events and conduct the election on or before 07.03.2025. The process to be started from where it has been interrupted. iii. It is needless to observe that the election process to be continued as per the amended Bye-laws. Pending IA's if any would not survive for consideration. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 3 CT: BHK