Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4865 WP No. 814 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 814 OF 2025 (CS-EL/M) BETWEEN:
MR. N. RAJ SHEKAR JAIN AGED 69 YEARS, S/O LATE PADMARAJ JAIN NIRPAJE HOUSE AND VILLAGE PUTTUR TQ-574 203, D.K. DIST …PETITIONER (BY SRI. N SUKUMAR JAIN., ADVOCATE) AND:
1.
STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT MULITY STORIED BUILDING BENGALURU-560 001, BY ITSSECRETARY.
2.
RETURNING OFFICER PUTTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT- BANK, PUTTUR TQ D.K. DIST PIN-574 214.
3.
PUTTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, PUTTUR TQ D.K. DIST REP BY ITS MANAGER - 574 214.
4.
THE STATE OF CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTHINAGAR, BANGALORE- 560 027,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4865 WP No. 814 of 2025
REPRESENTED BY IT’S SECRETARY. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 AND R2;
SRI. G. RAVISHANKAR SHASTRY, ADVOCATE FOR R3)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 12.01.2025 IN REF. BETTER 24/25 PASSED BY THE R2, MARKED AS ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
1. The petitioner seeks for the following prayer:
"Wherefore it is prayed that this Hon'ble may be pleased to issue a writ of Certiorari by quashing the
order dated 12.01.2025 in Ref:Better/2024-25 passed by the second respondent, marked as Annexure 'B' and to pass any other appropriate
order/direction under the facts and circumstances of the case."
2. This Court on 16.01.2025, by an interim order stayed the impugned endorsement at Annexure-B, respondent No.2 was directed to accept the nomination of the petitioner, which was subject to the final outcome of this writ petition.
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NC: 2025:KHC:4865 WP No. 814 of 2025
3. Learned Additional Government Advocate brings to the notice of this Court that on 13.01.2025 itself, the election result was declared and unanimously the office bearers of the society have been elected and files a memo to that effect.
4. The memo is taken on record.
5. The contention of the petitioner is that the endorsement issued at Annexure B is contrary to Rule 14(B) of the Karnataka Co-operative Societies Rules, 1960 (‘the Rules’ for short) and by virtue of the impugned order, the petitioner has lost the opportunity of becoming the Director to respondent No.3 and also lost the opportunity to contest for the directorship to Karnataka State Co- Operative Agricultural Rural Development Bank a State- level organization. As the result of the election was already declared on 13.01.2025, even before this Court granted the interim
order, i.e., on 16.01.2025, in the circumstances, the present writ petition has been rendered
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NC: 2025:KHC:4865 WP No. 814 of 2025
infructuous, accordingly, writ petition is dismissed as having become infructuous.
6. Needles to observe that the petitioner is always at liberty to raise a dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959, if so advised, in accordance with law.
Sd/- _______________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 11