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2025 DAILYLAW 15609 (KAR)

CHANDAMMA v. THE STATE OF KARNATAKA

WP/2748/2025 · 2025-01-31

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4558 WP No. 2748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2748 OF 2025 (CS-RES) BETWEEN: CHANDAMMA, W/O. GURUNANJAPPA M G, AGED ABOUT 68 YEARS, SHRE NO.5475, MEMBER OF SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI TALUK, R/A. MADABHAVI VILLAGE AND POST, NYAMATHI TALUK - 577 223. DAVANAGERE DISTRICT (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. CHANDRAKANTH R. PATEL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4558 WP No. 2748 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE DISTRICT - 577 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HONNALI SUB-DIVISION, HONNALI TALUK, DAVANAGERE DISTRICT - 577 217. 5. CHIEF EXECUTIVE OFFICER, THE SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI TALUK, DAVANAGERE DISTRICT - 577 217. (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER, SHIVA CREDIT CO-OPERATIVE SOCIETY LTD, HONNALI TALUK, DAVANAGERE DISTRICT - 577 217. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR R-1, R-3 , R-4 & R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AMENDMENT OF BY-LAW APPROVAL DATED 25.11.2019 VIDE ANNEXURE-B ISSUED BY THE RESPONDENT NO.3 WHEREIN THE RESERVATION FOR THE UPCOMING ELECTIONS FOR RESPONDENT NO.5 SOCIETY HAS BEEN NOTIFIED ON 09.02.2025. IN BEARING NO. DR/DVG/RASAR/U.THI/CR/21/19-20 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4558 WP No. 2748 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has called in question the amendment of Bye-Law approval dated 25.11.2019 vide Annexure-B issued by respondent No.3. 2. The challenge in this writ petition is towards the amendment of Bye-Law, which is passed by respondent No.3 under Section 12 (1) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). There is an appeal provision provided under Section 106 of the Act against the order passed by Registrar under Section 12 (1) of the Act. 3. There being an alternative efficacious remedy provided under the Act by filing an appeal under Section 106 of the Act, the present writ petition under Article 226 of the Constitution is not maintainable, accordingly, the writ petition is dismissed reserving liberty to approach the appropriate authority in accordance with law. Sd/- ________________________ JUSTICE K.S. HEMALEKHA KVR/List No.: 1 Sl No.: 10