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2025 DAILYLAW 19767 (KAR)

V MALLESH v. THE STATE OF KARNATAKA

WP/6800/2025 · 2025-03-21

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:12190 WP No. 6800 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6800 OF 2025 (CS-EL/M) BETWEEN: 1. V MALLESH S/O VEERAPPA AGED ABOUT 53 YEARS DIRECTOR OF GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105 2. REVANNA S/O NANJEGOWDA AGED ABOUT 58 YEARS DIRECTOR OF GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105 3. PUTTASWAMY S/O MADEGOWDA AGED ABOUT 39 YEARS DIRECTOR OF GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105 4. S RAMACHANDRA S/O LATE SRIKANTEGOWDA AGED ABOUT 55 YEARS DIRECTOR OF GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12190 WP No. 6800 of 2025 MYSURU DIST-571105 …PETITIONERS (BY SRI. SANDESH T B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY 2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD BANGALORE-560052. 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MYSORE DISTRICT-571125 5. THE RETURNING OFFICER GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105 6. THE VOTER LIST SCRUTINY OFFICER GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO- OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105 7. GERAASANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, - 3 - NC: 2025:KHC:12190 WP No. 6800 of 2025 MYSURU DIST-571105 REPRESENTED BY ITS CEO. (CO-OPERATIVE SOCIETY REG ACT. 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R2, R4 TO R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3; SRI. S.B. TOTAD., ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4-6 TO CONDUCT THE ELECTION PROCESS FROM THE STAGE WHERE IT WAS STOPPED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R4 to R6 to conduct the election process from the stage where it was stopped, in the interest of justice and equity. b. Issue a writ of mandamus directing the Respondents to continue the present board of directors till the elections are held in the respondent No.7 society. c. Issue such other orders or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. The grievance of the petitioners is that despite the process under Rule 13D (2A) of the Karnataka - 4 - NC: 2025:KHC:12190 WP No. 6800 of 2025 Co-operative Societies Rules, 1960, having been completed, the elections have not been held. 3. Learned AGA upon instructions of the Assistant Registrar of Co-operative Societies submits that given 60 days’ time, the entire process of election would be endeavored to be completed. His submission answers the grievance of the petitioner. 4. Placing the said submission on record, directing respondents No.4 to 6 to conduct and complete the elections within a maximum period of 60 days from the date of receipt of a copy of this order. 5. The petition stands disposed of. 6. Needless to say, since steps have been taken to conduct elections, the question of disqualifying the petitioners and/or appointment of any Administrator/Special Officer would not arise for the above reason. SD/- (SURAJ GOVINDARAJ) JUDGE LN, List No.: 1 Sl No.: 72