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2025 DAILYLAW 15501 (KAR)

GADDIGESH ACHAR v. THE STATE OF KARNATAKA

WP/2731/2025 · 2025-02-13

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:6800 WP No. 2731 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2731 OF 2025 (CS-EL/M) BETWEEN: 1. GADDIGESH ACHAR S/O. VEERABHADRACHAR, AGED ABOUT 39 YEARS. MEMBERSHIP NO 4981/33 R/A NO. 13B, KALIKAMBA ROAD, NYAMATHI TOWN, DAVANAGERE DISTRICT- 577223. …PETITIONER (BY SRI. CHANDRASHEKAR G M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. KHB ROAD, BENGALURU-560002 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HONNALI AND NYAMATHI, HONNALI, DAVANAGERE- 577217. 4. THE SECRETARY, SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI, DAVANAGERE DISTRICT-577217. 5. RETURNING OFFICER, SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI, DAVANAGERE DISTRICT-577217 …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6800 WP No. 2731 of 2025 (BY SRI. .,ADVOCATE) THIS W.P. IS FILED PRAYING TO DIRECT THE RESPONDENT TO CONCLUDE THE PROCESSES AS REQUIRED UNDER RULE 13D OF THE KARNATAKA CO- OPERATIVE SOCIETIES RULES AND TO CONDUCT ELECTIONS IN ACCORDANCE WITH THE SECTION 20 (2) (a-iv) (a-v) INCLUDING NAME OF THE PETITIONER.DIRECT THE RESPONDENT NO.2, 3 AND 4 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTER LIST AND CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE KARNATAKA COOPERATIVE SOCIETIES ACT, 1959 AND ITS RULES, 1960.GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENT NO.2 TO 5 TO CONDUCT ELECTIONS TO THE RESPONDENT NO.4 SOCIETY ON 09.02.2025 AS SCHEDULED WITH A PERMISSION TO ACCORD THE PETITIONER TO PARTICIPATE TO VOTE AND CONTEST IN THE FORTHCOMING ELECTION TO BE SCHEDULED ON 09.02.2025 ON SUCH TERMS AND MAY BE DEEMED FIT AND APPROPRIATE UNDER THE CIRCUMSTANCES OF THE CASE PENDING DISPOSAL OF THE ABOVE WRIT PETITION.POST THIS WP FOR PRELIMINARY HEARING BEFORE SINGLE JUDGESN- 30/01/2025A- THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:6800 WP No. 2731 of 2025 ORAL ORDER Learned counsel for the petitioner submits that the petitioner has been elected unanimously in the election and the petitioner does not intend to press the petition. A memo is filed to that effect. 2. Memo reads as under: "It is submitted that the respondent No.4 as unanimously elected the board of directors and hence the present petition does not survive for consideration. Wherefore, the Hon'ble court may kindly dismiss the petition as withdrawn in the interest of justice and equity." 3. Memo is taken on record. 3. In view of the submission and the memo, petition is dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SS List No.: 2 Sl No.: 8