SHIVAMOGGA ZILLA MAHILA VIVIDHODDESHA CO-OPERATIVE SOCIETY LTD., v. THE STATE OF KARNATAKA
WP/2818/2025 · 2025-04-24
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14431 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14431 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17101 WP No. 2818 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2818 OF 2025 (CS-EL/M) BETWEEN:
SHIVAMOGGA ZILLA MAHILA VIVIDHODDESHA CO-OPERATIVE SOCIETY LTD., M.I.G. 274, KALLEHALLI, 2ND CROSS, K.H.B. COLONY, VINOBANAGAR, SHIVAMOGGA - 577204 REPRESENTED BY ITS PRESIDENT SMT. NAGARATHNA W/O REVAN NAIK AGED ABOUT 64 YEARS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …PETITIONER (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE - 560001 REP BY ITS SECRETARY
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1 ALI ASKER ROAD BANGALORE – 560052
3.
THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTINAGAR, BANGALORE - 560027 REPRESENTED BY ITS SECRETARY.
4.
THE ELECTION OFFICER AND CO-OPERATIVE SOCIETIES DEPUTY COMMISSIONER
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17101 WP No. 2818 of 2025
OF CO-OPERATIVE SOCIETIES, DIARY AND INDUSTRY BENGALURU – 560052
5.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA, 1ST FLOOR, SAHAKARA BHAVAN, SHIVAMOGGA - 577201 …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1, R2, R4 & R5 SRI T L KIRAN KUMAR, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 TO 5 TO CONDUCT THE ELECTION PROCESS FROM THE STAGE WHERE IT WAS INTERFERED WITH I.E FROM APPOINTMENT OF RETURNING OFFICER AND 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. Petitioner is before this Court seeking for the following reliefs:
“Wherefore, it is prayed that this Hon’ble Court be pleased to call for records and issues: a) Issue a writ of mandamus directing the Respondent No.3 to 5 to conduct the election process from the stage where it was interfered with i.e from appointment of returning officer, in the interest of justice and equity. b) Issue a writ of mandamus directing the Respondents to continue the present board in accordance with the notification dated 05.06.2024 in CO.34 CLM 2024 vide Annexure-E till the elections are held.
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NC: 2025:KHC:17101 WP No. 2818 of 2025
c) Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.”
2. Notice having been issued to the learned AGA. Learned AGA on verification of the records submit that partial compliance with Rule 13D has been made and given 50 days time the elections would be held.
3. In that way of the matter, I pass the following:
ORDER i. The petition is allowed; ii. A mandamus is issued directing respondent Nos.3 to 5 to conduct and complete the elections within a period of 70 days from the date of receipt of copy of this order.
SD/- (SURAJ GOVINDARAJ) JUDGE
PNV - List No.: 1 Sl No.: 75