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2025 DAILYLAW 20169 (KAR)

B.S.NARAYANA GOWDA v. THE STATE OF KARNATAKA

WP/7270/2025 · 2025-03-14

Suraj Govindaraj

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10734 WP No. 7270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7270 OF 2025 (CS-EL/M) BETWEEN: 1. B.S.NARAYANA GOWDA AGED ABOUT 65 YEAR S/O LATE H. SUBHANN RESIDING AT BETTAHALSOUR VILLAGE AND POST JALA HOBLI, YELAHANKA TALUK BANGALORE-562157 2. RAJKUMAR M G. AGED ABOUT 60 YEARS S/O LATE GOPALGOWDA RESIDING AT MYLANAHALLI VILLAGE BANDI KODIGEHALLI AND POST JALA HOBLI, YELAHANKA TALUK BANGALORE-562149. 3. N JAGADESH AGED ABOUT 42 YEARS S/O NARAYANAPPA RESIDING AT MARENAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BANGALORE- 562 149 4. M. N. JAYAKUMAR AGED ABOUT 49 YEARS S/O MP NARAYANASWAMY MUTHAGADAHALLI VILLAGE B.K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE- 562 157. 5. M S. NARAYANARWAMY AGED ABOUT 53 YEARS S/O LATE SANJEEVAPPA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10734 WP No. 7270 of 2025 MYLANAHALLI VILLAGE B K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE 562.149. 6. ASHOK H K AGED ABOUT 49 YEARS S/O KRISHNAPPA HUNUCHOUR VILLAGE B.K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE- 562 149 7. SHIVANNA AGED ABOUT 73 YEARS S/O HANUMANTHARAYAPPA KOLIPURA VILLAGE, B.K HALLI POST JALA HOBLI, YELAHANKA TALUK BANGALORE- 562 149 8. C M THAMMEGOWDA AGED ABOUT 58 YEARS S/O LATE NANJUNDDAPPA CHIKKAJALA VILLAGE AND POST JALA HOBLI, YELAHANKA TALUK BANGALORE- 562 157. 9. C M RAVIKUMAR AGED ABOUT 56 YEARS S/O LATE PILLAPPA CHIKKAJALA VILLAGE AND POST JALA HOBLI, YELAHANKA TALUK BANGALORE- 562 157 10. P CHANDRAKALA AGED ABOUT 35 YEARS SHENEGERI VILLAGE, DODDAJALA POST JALA HOBLI YELAHANKA TALUK BANGALORE--562157 …PETITIONERS (BY SRI. BRIJESH CHANDER GURU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, - 3 - NC: 2025:KHC:10734 WP No. 7270 of 2025 DEPARTMENT OF CO-OPERATION VIDHANA SOODHA, BANGALORE-560001 2. THE CO-OPERATIVE SOCIETIES ELECTION AUTHORITY III FLOOR, T.T.M.C. A BLOCK, K.H. ROAD, SHANTHI NAGAR, BANGALORE-560027, REP BY CHIEF ELECTION OFFICER 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM BANGALORE-560 003. 4. THE YELAHANKA TALUK AGRICULTURAL PRODUCE CO. OPERATIVE MARKETING SOCIETY LIMITED SOCIETY HAVING OFFICE AT SAKAHARA BAHAVANA GROUND FLOOR NO. C A.51, 3D CROSS, 4 TH MAIN, 5 STAGE, YELAHANKA NEW TOWN BANGALORE 560064. REPRESENTED BY ITS SECRETARY 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO. 29, NEAR PRAKASH CAFE, I MAIN CHAMRAJPET, BENGALURU - 560018. 6. THE RETURNING OFFICER YELAHANKA TALUK AGRICULTURAL PRODUCE CO. OPERATIVE MARKETING SOCIETY LIMITED SOCIETY HAVING OFFICE AT SAKAHARA BAHAVANA GROUND FLOOR NO. C.A.51, 3RD CROSS, 4TH MAIN, 5TH STAGE, YELAHANKA NEW TOWN BANGALORE 560 064. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R3; R5 & R6; SRI. T.L. KIRAM KUMAR., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF - 4 - NC: 2025:KHC:10734 WP No. 7270 of 2025 CERTIORARI TO QUASH THE AMENDED BY LAW AT ANNX-F AND G PASSED BY THE R-4 SOCIETY AND APPROVED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES THE R-3 HEREIN AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.Devi Prasad Shetty, counsel accepts notice for respondent no.4. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari to quash the amended by law at Annexure-F & G passed by the R4 Society & approved by the Deputy Registrar of Co-operative Societies the R5 herein. b. Issue writ of mandamus directing the R3 and R4 to prepare a fresh voters list consisting of only persons/share holders who are eligible to join the R4 Society as “B” class members. c. Pass any appropriate writ, order or direction as this Hon’ble Court deem it fit and proper in the facts and circumstances of the case and allow this Writ Petition with cost, in the ends of justice and equity. - 5 - NC: 2025:KHC:10734 WP No. 7270 of 2025 3. A memo dated 14.3.2025 has been filed signed by the learned counsel for the petitioners, which reads as under:- Memo It is prayed that the petitioners may be permitted to withdraw the above Writ Petition with liberty to approach the appropriate authority for redressal if so required. 4. Accepting the said memo and the submission for the learned counsel for the petitioners, the Writ Petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 37