- 1 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 180 OF 2025 (CS-RES) C/W CIVIL CONTEMPT PETITION No. 810 OF 2024 WRIT APPEAL No. 208 OF 2025 (CS-RES) IN WA No. 180/2025 BETWEEN: 1. BYAHALLI M. GOVINDEGOWDA, SON OF LATE MULBAGALAPPA, AGED ABOUT 58 YEARS, PRESIDENT KOLAR & CHIKBALLAPURA DISTRICT, CO-OPERATIVE CENTRAL BANK LTD., KOLAR- 563101. …APPELLANT (BY SRI PRABHULING K. NAVADAGI, SENIOR ADVOCATE AND SRI M.R. RAJAGOPAL, SENIOR ADVOCATE A/W SRI H. N. BASAVARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. REPTD. BY ITS CHIEF SECRETARY. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 2. CO-OPERATIVE ELECTION COMMISSIONER, CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BANGALORE-560 027. 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER, KOLAR DISTRICT -563131. 4. RETURNING OFFICER, KOLAR AND CHIKBALLAPURA DISTRICT CO-OPERATIVE CENTRAL BANK LTD, KOLAR- 563101. 5. KOLAR & CHIKBALLAPURA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., KOLAR-563101, BY ITS CHIEF EXECUTIVE OFFICER. 6. JAGADISH. M., CO-OPERATIVE DEVELOPMENT OFFICER, OFFICE OF DEPUTY REGISTRAR, KOLAR DISTRICT CUM ASSISTANT RETURNING OFFICER, KOLAR AND CHIKBALLAPURA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., KOLAR- 563101. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI NAVEEN CHANDRASHEKAR, AGA FOR R1, R3 & R4; SRI RAMESH T.R., ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 29/01/2025 PASSED IN WP No.20454/2023. CONSEQUENTLY, PASS AN APPROPRIATE ORDER DIRECTING THE RESPONDENTS TO COMPLETE THE ELECTION PROCESS IN COMPLIANCE WITH DIRECTIONS ISSUED DATED 03/07/2024 PASSED IN WP No.20454/2023. - 3 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 IN CCC No. 810/2024 BETWEEN: 1. BYALAHALLI M. GOVINDE GOWDA, S/O LATE MULBAGALAPPA, AGED 60 YEARS, EX-PRESIDENT, KOLAR AND CHIKKABALLAPURA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., R/O BYALAHALLI, KOLAR 563101. ...COMPLAINANT (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND: 1. AKRAM PASHA, S/O NOT KNOWN TO THE COMPLAINANT, AGED ABOUT 55 YEARS, DEPUTY COMMISSIONER / DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER, KOLAR CHIKKABALLAPURA DISTRICT CO OPERATIVE CENTRAL BANK LTD., KOLAR, KOLAR DISTRICT-563101. 2. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. ...ACCUSED (BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI NAVEEN CHANDRASHEKAR, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED AND PUNISH THE ACCUSED FOR COMMITTING CONTEMPT OF COURT AND FOR - 4 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.No.20454/2023 DATED 03.07.2024. IN WA No. 208/2025 BETWEEN: 1. RAMAPURA VYVASAYA SEVA SAHAKARA SANGHA NIYAMITH RAMAPURA, GOURIBIDANUR TALUK, CHIKKABALAPURA DISTRICT, REPRESENTED BY ITS DIRECTOR, SRI HANUMANTHA REDDY, S/O LATE RAMAIAH, AGE 66 YEARS, AND ALSO DIRECTOR, KOLAR-CHIKKABALAPUR DISTRICT, CENTRAL CO-OPERATIVE BANK, KOLAR DISTRICT, KOLAR, REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1956. ...APPELLANT (BY SRI PRABHULING K. NAVADAGI, SENIOR ADVOCATE AND SRI M.R. RAJAGOPAL, SENIOR ADVOCATE A/W SRI P. ANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. REPTD. BY ITS CHIEF SECRETARY. 2. STATE CO-OPERATIVE ELECTION AUTHORITY, CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BANGALORE-560 027. REPRESENTED BY ITS SECRETARY. - 5 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 3. THE DEPUTY COMMISSIONER CUM DISTRICT ELECTION OFFICER, KOLAR DISTRICT -563131. 4. ASSISTANT COMMISSIONER /RETURNING OFFICER, KOLAR CHIKBALLAPURA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., KOLAR- 563101. 5. KOLAR CHIKBALLAPURA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., KOLAR-563101. BY ITS CHIEF EXECUTIVE OFFICER/ MANAGING DIRECTOR, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI NAVEEN CHANDRASHEKAR, AGA FOR R1, R3 & R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER ON IA No.1/2024 PASSED BY THE LEARNED SINGLE JUDGE DATED 29.01.2025 IN WP No. 23677/2023 (MAIN PETITION ON 20454/2023. PASS ANY APPROPRIATE OR ORDERS OR DIRECTIONS AS THIS HON'BLE COURT DEEMED FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE RESPONDENTS IN IA No. 1/2024, AND ALLOW THIS WRIT PETITION, IN THE ENDS OF JUSTICE AND EQUITY. THESE APPEALS AND CCC COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) For the purpose of holding elections to respondent No.5- Kolar & Chikkaballapura District Co-operative Central Bank Ltd., extension of four months was granted by learned Single Judge as per his order dated 29.01.2025. This aspect was recorded in the order dated 04.03.2025. 2. At the same time, learned Additional Advocate General Smt. Prathima Honnapura made the submission, which was recorded, that the elections would be conducted within the extended time. She had also assured the court that she will take instructions and also will produce the election programme on the next date. 3. Today, when the appeal came up for consideration, learned Additional Advocate General rendered the memo dated 25.03.2025 along with which, she produced calendar of events - 7 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 for the conduct of the general elections to the said Co-operative Central Bank. 3.1 The election programme is as under, "SCHEDULE CALENDAR OF EVENTS FOR CONDUCT OF GENERAL ELECTIONS TO BOARD OF DIRECTORS FOR DISTRICT COOPERATIVE CENTRAL BANK, KOLAR Sl. No. Date & Day Event 1 28th March 2025 Friday Submission of Draft Voter list by the Managing Director, DCC Bank. 2 07th April 2025 Monday Draft Publication of Voter List by DEO 3 12th May 2025 Monday Final Publication of Voter List by DEO 4 12th May 2025 Monday Issue of Notification by the Returning Officer 5 20th May 2025 Tuesday Last date for receipt of nominations 6 21st May 2025 Wednesday Scrutiny of nominations 7 23rd May 2025 Friday Withdrawal of nominations 8 28th May 2025 Wednesday Date of Poll & Counting (Between 9 am and 4 p.m.) 9 29th May 2025 Thursday Date before which election to be completed Deputy Commissioner & District Election Officer, and Deputy Commissioner, Kolar District, Kolar" 3.2 In view of the above, the election process is scheduled to start on 28.03.2025, which is the date stated for submission of - 8 - NC: 2025:KHC:12464-DB WA No. 180 of 2025 C/W CCC No. 810 of 2024 WA No. 208 of 2025 draft voter list. The various stages in the election programme are provided and the date of polling is fixed to be 28.05.2025. 4. In the aforesaid view, since the respondents have initiated the steps by announcing the election programme and that the elections are imminent, they will proceed to hold the election according to the programme. The present appeal therefore does not survive. The respondents shall adhere to the election stages as announced by them. 5. In view of the above order, Writ Appeal Nos.180 of 2025 and 208 of 2025 stand disposed of. CCC No.810 of 2024 will not survive and it is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 23