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2025 DAILYLAW 20209 (KAR)

MUNEERAIAH v. THE STATE OF KARNATAKA

WP/7137/2025 · 2025-03-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:10565 WP No. 7137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7137 OF 2025 (CS-EL/M) BETWEEN: 1. MUNEERAIAH S/O BHADRANNA, AGED ABOUT 50 YEARS, R/O KOGGALIPURA, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-560082 MEMBERSHIP NO.9/50 2. MOHAN KRISHNA REDDY S/O BHUMIREDDY, AGED ABOUT 57 YEARS, R/O THARALU VILLAGE AND POST, UTTARAHALLI HOBLI, BENGALURU SOUTH, BENGALURU-560082 MEMBERSHIP NO.7/71 …PETITIONERS (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BANGALORE-560027 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10565 WP No. 7137 of 2025 REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER 4TH CIRCLE, SAHAKARA SOWDHA, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560003 4. RETURNING OFFICER APPOINTED FOR REVUGODLU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., CO OPERATIVE DEVELOPMENT OFFICER, OFFICE OF DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, 4TH CIRCLE, SAHAKARA SOWDHA, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560003 5. RAVUGONDLU PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD THARALU VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH, BENGALURU-560082 REPRESENTED BY CHIEF EXECUTIVE OFFICE. (RESPONDENT NO. 5 IS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1; SRI. T.L. KIRAN KUMAR.,ADVOCATE FOR R2; V/O DATED 12.03.2025 NOTICE TO R5 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE CALENDAR OF EVENTS DTD. 25.02.2025 ISSUED IN FORM NO. XII UNDER RULE 14(3) ISSUED BY THE R-4 PRODUCED AS ANNX-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:10565 WP No. 7137 of 2025 ORAL ORDER 1. Learned AGA is directed to accept notice for respondents No.1, 3 and 4 and Sri.T.L.Kiran Kumar., learned counsel is directed to accept notice for respondent No.2. 2. Notice to respondent No.5 is dispensed with, in view of the order proposed to be passed. 3. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ in the nature of certiorari quashing the calendar of events dated 25.02.2025 issued in form no. XII under rule 14(3) issued by the respondent no.4 produced as Annexure-A. ii. Issue a writ in mandamus directing the respondent No. 2, 3 and 4 to hold and conduct the elections to the respondent no.5 by issuing notice to all the member afresh in compliance with rule 13 D(2-A) and in strict compliance of Rule 13-E(1-A)(iii) of KCS Rules 1960. iii. Grant such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice. 4. The grievance of the petitioner is that the mandatory Rules under Rule 13D of the KSC Rules have not been complied with. - 4 - NC: 2025:KHC:10565 WP No. 7137 of 2025 5. On inquiry as to whether the petitioners have been declared ineligible, learned counsel for the petitioner submits that they have been declared eligible. 6. If that be so, the petitioners cannot maintain a claim that the mandatory Provision of Rule 13D has not been complied with. Such a grievance could only be raised by a person who has been declared ineligible. 7. That not being the case, no grounds being made out, there being no locus on part of the petitioner to seek for the aforesaid relief. The petition stands dismissed at the stage of admission itself. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 6