Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14557 WP No. 6788 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6788 OF 2025 (CS-EL/M) BETWEEN:
1. CHANDRAPPA T C S/O CHANNARASEGOWDA AGED ABOUT 68 YEARS
2. MADANAYAKA S/O KALASIDDANAYAKA AGED ABOUT 75 YEARS
3. MAHADEVAMURTHY T S S/O NARASIMAIAH AGED ABOUT 51 YEARS
4. CHANDREGOWDA S/O MANCHEGOWDA AGED ABOUT 49 YEARS
5. KRISHNACHARI S/O SIDDACHARI AGED ABOUT 75 YEARS
6. DEVARAJEGOWDA S/O KARIGOWDA AGED ABOUT 65 YEARS
7. VIAJAYAKUMARA S/O BASAVARAJEGOWDA AGED ABOUT 45 YEARS
8. NARAYANA S/O A C SIDDARAMEGOWDA AGED ABOUT 55 YEARS
9. H M MADEGOWDA S/O CHIKKAMARISIDDEGOWDA AGED ABOUT 63 YEARS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14557 WP No. 6788 of 2025
10. RADAMMA W/O YOGANNA AGED ABOUT 65 YEARS
11. MAHADEVAMMA W/O HV ANNEGOWDA AGED ABOUT 68 YEARS
ALL ARE DIRECTORS OF HUSSAINPURA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, HUSSAINPURA VILLAGE, HUNASURU TALUK, MYSURU DIST-571105
…PETITIONERS (BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR 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 HUSSAINPURA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, GERASANAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105
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NC: 2025:KHC:14557 WP No. 6788 of 2025
6. HUSSAINPURA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., HUSSAINPURA VILLAGE, HUNASURU TALUK, MYSORE DIST-571105. 7. HUSSAINPURA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, HUSSAINPURA ILLAGE, HUNASURU TALUK, MYSURU DIST-571105 REPRESENTED BY ITS CEO
…RESPONDENTS (BY SMT. PRATHIMA HONNAPUR., AAG A/W SRI. YOGESH D. NAIK., AGA FOR R1, R2, R4, R5 & 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: i. Issue a writ of mandamus directing the R4-R6 to conduct the election process from the stage where it was stopped, in the interest of justice and equity.
ii. 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.
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NC: 2025:KHC:14557 WP No. 6788 of 2025
iii. Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.
2. Ms.Prathima Honnapur., learned Additional Advocate General submits that the documents submitted by the Society as regards the compliance with Rule 13 of the Karnataka Co-operative Societies Rules, 1956 (for short “KCS Rules”) has been examined by the officers of the Registrar of Co-operative Societies. She submits that certain of the compliance with Rule 13 of the KCS Rules having been made, elections would be held within 90 days in terms of the time frame fixed under Rule 13 of KCS Rules.
3. In that view of the matter, I pass the following;
ORDER i. The writ petition is allowed. ii. A mandamus is allowed, directing respondents No.4 to 6 to conduct the election from the stage where it has been stopped for respondent No.7- society within a period of 110 days from the date of receipt of copy of this order.
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NC: 2025:KHC:14557 WP No. 6788 of 2025
iii. The interim order earlier granted shall continue till the elections are held.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 107