Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 13993 (KAR)

CHANNEGOWDA NAGARA WOMEN MILK PRODUCERS CO OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/1556/2025 · 2025-03-27

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14681 WP No. 1556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1556 OF 2025 (CS-EL/M) BETWEEN: CHANNEGOWDA NAGARA, WOMEN MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., REP. BY ITS SECRETARY, SMT. B.B. BHAGYA, W/O SRI K.C. PUTTEGOWDA, AGED ABOUT 58 YEARS, O/AT: CHANNEGOWDA NAGARA VILLAGE, H. MALLIGERE POST, KASABA HOBLI, MANDYA TQ. AND DIST., REGISTERED UNDER KCSACT 1959. …PETITIONER (BY SRI VINAYA H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, SHANTHINAGAR TTMC, 'A' BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027. 3. THE DISTRICT ELECTION OFFICER/ DEPUTY COMMISSIONER, MANDYA DISTRICT CO-OPERATIVE, MILK PRODUCERS SOCIETIES UNION LTD., O/AT DC OFFICE BUILDING, M.C.ROAD, MANDYA DISTRICT-571 428. 4. THE RETURNING OFFICER / ADDITIONAL DEPUTY COMMISSIONER, MANDYA DISTRICT CO-OPERATIVE MILK Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14681 WP No. 1556 of 2025 PRODUCERS SOCIETIES UNION LTD., O/AT: DC OFFICE BUILDING, M.C.ROAD, MANDYA DISTRICT-571 428. 5. THE MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., GEJJALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 428. REP. BY ITS MANAGING DIRECTOR, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1, R-3, R-4; SRI T.L KIRAN KUMAR, ADVOCATE FOR R-2; SRI B.L SANJEEV KUMAR, ADVOCATE FOR R-5 [VK NOT FILED]) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE ORDER DATED 26/07/2024 PASSED BY THE R-3 IN E.L.N(2)MANMUL44(4)/2023-24 VIDE ANNEXURE-D SO FAR CONCERN TO THE PETITIONER SOCIETY ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a) Issue a writ of certiorari to quash the order dated 26.07.2024 passed by the 3rd Respondent in E.L.N(2)MANMUL44(4)/2023-24 vide Annexure-D so far concern to the Petitioner Society. b) Issue a writ of mandamus directing the 3rd to 5th Respondents to include name of the Petitioner Society in the list of Eligible Voters list and permit to cast their vote in the elections of the 5th Respondent Union, which is held on 02.02.2025 Annexure-A. - 3 - NC: 2025:KHC:14681 WP No. 1556 of 2025 c) Pass any appropriate writ, order or direction as this Hon'ble Court deem it fit and proper in the facts and circumstances of the case and allow this Writ petition with cost, in the ends of justice and equity. 2. A memo dated 27.3.2025 has been filed and signed by the learned counsel for the petitioner, which reads as under; Memo "In view of the above matter, the Petitioner filed the instant Writ Petition seeking voting rights to the Respondent No.5 Union. However the Petitioner not casted their vote in the election held on 02.02.2025. Hence the instant writ petition does not survive for consideration. Hence that this Hon'ble court may kindly be permit to withdraw. In the interest of justice and equity." 3. Learned counsel for the petitioner also submits that despite the interim order the petitioner has not taken advantage of the same and not caste his vote and there would be no requirement to count the vote. 4. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 74