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2025 DAILYLAW 13250 (KAR)

DEVARAJA MOHALLA CONSUMERS CO-OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/1474/2024 · 2025-03-14

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:10733 WP No. 1474 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1474 OF 2024 (CS-EL/M) BETWEEN: 1. DEVARAJA MOHALLA CONSUMERS CO-OPERATIVE SOCIETY LTD NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004 REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959, REPRESENTED BY ITS PRESIDENT, SRI M H SHANKARAPPA, S/O LATE HUCCHAIAH, AGED ABOUT 74 YEARS, 2. SRI. KUMARASWAMY C AGED ABOUT 60 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 3. SRI M PRAKASH S/O MAHADEVAPPA, AGED ABOUT 50 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10733 WP No. 1474 of 2024 DEVARAJA MOHALLA, MYSORE-570004. 4. SRI. PAAPANNA S/OLATE SOMAIAH, AGED ABOUT 60 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 5. SRI. M N MANI S/O NATARAJ, AGED ABOUT 46 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 6. SRI.T. RAMESH S/O THAMMANNAGOWDA, AGED ABOUT 59 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 7. SMT. SHIVAMMA KUMAR W/O RUDRAPPA, AGED ABOUT 65 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, - 3 - NC: 2025:KHC:10733 WP No. 1474 of 2024 BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 8. SRI. MANIKANTASWAMY S/O LATE MALLAIAH, AGED ABOUT 48 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 9. SMT. PREMALEELA W/O SOMASHEKAR, AGED ABOUT 52 YEARS, DIRECTOR, DEVARAJA MOHALLA CONSUMERS CO OPERATIVE SOCIETY LTD., NO.1174, BIDAARA KRISHNAPPA, RAMA MANDIRA ROAD, DEVARAJA MOHALLA, MYSORE-570004. 10. M S RAJU S/O LATE MAADAIAH, AGED ABOUT 42 YEARS, …PETITIONERS (BY SRI. MAHAMAD TAHIR A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S.BUILDING, BANGALORE-560001 REPRESENTED BY ITS SECRETARY 2. THE REGISTRAR OF CO OPERATIVE SOCIETIES - 4 - NC: 2025:KHC:10733 WP No. 1474 of 2024 NO.1, ALI ASKAR ROAD, BANGALORE-560052 3. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MYSORE DIVISION, PUBLIC OFFICES BUILDING, NEW SAYYAJI RAO ROAD, MYSORE-570024 5. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MYSORE SUB DIVISION, MYSORE-570005 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R3 TO 6 TO CONDUCT THE ELECTION OF PETITIONER NO. 1 SOCIETY AS EXPEDITIOUS AS POSSIBLE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R3 to R6 to conduct the election of Petitioner No.1 society as - 5 - NC: 2025:KHC:10733 WP No. 1474 of 2024 expeditious as possible, in the interest of justice and equity. b. To issue a writ of mandamus directing the Respondents not to take any action against the members of the board of Petitioner No.1 Society till the elections are held for the term 2024 to 2029, in the interest of justice and equity. c. Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case of the interests of justice and equity. 2. A memo dated 14.3.2025 has been filed signed by the learned counsel for the petitioners, which reads as under:- Memo The petitioner humbly submits as follows: That, the election to the petitioner society have completed. Hence, in view of the same, the above petition has become infructuous. Hence the petitioner may be permitted to withdraw the above petition, in the terms of justice and equity. 3. Accepting the said memo and the submission of the learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE