BILIGEREHUNDI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., v. THE STATE OF KARNATAKA
WP/4494/2025 · 2025-04-09
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17358 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17358 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15344 WP No.4494 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4494 OF 2025 (CS-EL/M) BETWEEN:
1. BILIGEREHUNDI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BILIGERE VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT-571110 REPTD BY ITS CHIEF PROMOTER REG UNDER SOCIETIES REGISTRATION ACT 1959
2. M. RAJABUDDHI, S/O. B MAHADEVAPPA, AGED ABOUT 46 YEARS DANAYAKAPURA VILLAGE, KASABA HOBLI T NARASIPURA TALUK, MYSORE DISTRICT-571110
3. CHIKKEEREGOWDA, S/O. LATE NANJEGOWDA, AGED ABOUT 64 YEARS KIRAGASURU VILLAGE, KASABA HOBLI T NARASIPURA TALUK, MYSORE DISTRICT-571110
4. NAGARAJAPPA C.
S/O. CHIKKADASAIAH, AGED ABOUT 54 YEARS, NO 71, TRIVENI NAGAR, WARD NO.04, T. NARASIPURA TALUK, MYSORE DISTRICT-571110
…PETITIONERS (BY SRI. PATIL SUMANTH KUMAR S., ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15344 WP No.4494 of 2025
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-01. REPTD BY ITS PRINCIPAL SECRETARY
2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC, 'A' BLOCK, K.H.ROAD, SHANTHINAGARA, BANGALORE-027 REP BY ITS COMMISSIONER
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU REGION, MYSURU, MYSURU-570001
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION, MYSURU 571105
5. KASABA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., T.NARASIPURA, MYSURU-571110 REPTD BY ITS CEO REG UNDER SOCIETIES REGISTRATION ACT 1959
6. THE RETURNING OFFICER, KASABA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., T.NARASIPURA, MYSURU 571110
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3, R4 & R6;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. SANDESH T.B., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R-2, 3, 4, 5, 5 TO CONDUCT ELECTION TO THE R-6 SOCIETY EXCLUDING KIRAGASURU, BILIGERE HUNDI, HUNSAURU, JUDLOORU, MANNEHUNDI AND DANAYAKAPURA VILLAGES AS PER VIDE ANNX-S ISSUED BY R-6 SCHEDULED TO HELD ON 16.02.2025 AND ETC.
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NC: 2025:KHC:15344 WP No.4494 of 2025
DIRECT THE R-2, 3, 4 AND 5 TO RELEASE KIRAGASURU, BILIGEREHUNDI, HUNASURU, KUDLOORU, MANNEHUNDI, DANAYAKAPURA VILLAGES FROM THE AREA OF OPERATION OF THE R-5 SOCIETY.DIRECT THE R-2, 3, AND 4 TO TAKE IMMEDIATE STEPS TO CONDUCT ELECTIONS TO THE PETITIONER SOCIETY.GRANT AN INTERIM ORDER TO DIRECT THE R-2, 3, 4, 5 AND 6 TO HOLD ELECTIONS TO THE R-5 SOCIETY EXCLUDING KIRAGASURU, BILIGERE HUNDI, HUNSAURU, KUDLOORU, MANNEHUNDI AND DANAYAKAPURA AS PER ANNX-S ISSUED BY RESPONDENT NO. 6 SCHEDULED TO BE HELD ON 16.02.2025.A-
THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for Respondents No.1, 3, 4 and 6. Sri.T.L.Kiran Kumar, counsel is directed to accept notice for Respondent No.2. Sri.Sandesh T.B., counsel is
directed to take notice for Respondent No.5.
2. The Petitioners are before this Court seeking for the following reliefs: i. Issue writ in the nature of Mandamus directing the R2 to R6 to conduct election to the respondent No.6 Society excluding Kiragasuru, Biligeri Hundi, Hunasuru, Kudlooru, Mannehundi and Danayakapura village, as per Annexure-S issued by R6 scheduled to held on 16.02.2025.
ii. Issue a writ in the nature of mandamus directing the respondent Nos. 2-5 to release Kiragusuru,
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NC: 2025:KHC:15344 WP No.4494 of 2025
Biligere Hundi, Hunasuru, Kudlooru, Mannehundi, Danayakapura Village from the area of operation of the respondent No.5 society.
iii. Issue a writ in the nature of mandamus directing the Respondent No. 2, 3 and 4 to take immediate steps to conduct elections to the petitioner society.
iv. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.
3. None appears for the Petitioners.
4. Learned AGA as also counsel for respondent No.5 submits that elections have already been held rendering the above petition infructuous.
5. Placing the said submission on record, the Writ Petition is dismissed as infructuous.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 2 Sl No.: 11