D HOSAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA
WP/2612/2025 · 2025-03-07
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15548 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15548 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9911 WP No. 2612 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2612 OF 2025 (CS-EL/M) BETWEEN:
D HOSAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT REPRESENTED BY ITS PRESIDENT/DELEGATE H S NAJESHA S/O SREEKANTEGOWDA, AGED 39 YEARS.
…PETITIONER (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY
2.
THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK SHANTHI NAGAR BANGALORE- 560027 REPRESENTED BY ITS SECRETARY
3.
ASSISTANT DEPUTY COMMISSIONER /ELECTION OFFICER DEPUTY COMMISSIONER OFFICE MANDYA-571401
4.
RETURNING OFFICER D HOSAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD KOPPA HOBLI,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9911 WP No. 2612 of 2025
MADDUR TALUK -571125 MANDYA DISTRICT
5.
MANDYA DISTRICT COOPERATIVE MILK PRODUCERS CO-OPERATIVE UNION LTD., MILK PRODUCERS UNIT GEJAALAGERE MADDUR TALUK MANDYA DISTRICT -571401 REPRESENTED BY ITS MANGING DIRECTOR.
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. B.L. SANJEEV., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-4 PERMITTING THE PETITIONER SOCIETY TO VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 02.02.2025 TO THE R-5 MILK UNION 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 petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R4 permitting the petitioner Society to vote in the election scheduled to be held on 02.02.2025 to the respondent no.5 milk union.
b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.
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NC: 2025:KHC:9911 WP No. 2612 of 2025
2. The petitioner in the above matter is represented by its President. The grievance of the President was that the President being the delegate was not permitted to vote at the election of the 5th respondent – Union to be held on 2-2-2025. This Court vide interim order dated 30.1.2025 permitted the President to cast a vote on behalf of the petitioner. Subsequently, before the elections were held, the Petitioner Society has nominated the President as a delegate and the petitioner has thereafter voted as a delegate.
3. In that view of the matter, nothing further survives in the present matter except for a direction to be issued to 4th respondent to declare the results of the election unless otherwise injuncted in any other proceedings. As such, the above petition is
disposed directing 4th respondent to count the votes including that of the petitioner and announce the
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NC: 2025:KHC:9911 WP No. 2612 of 2025
results within seven days from the date of receipt of copy of this order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 1 Sl No.: 6