Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16423 WP No. 8198 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8198 OF 2025 (CS-EL/M) BETWEEN:
1.
RAMESH H K AGED 49 YEARS, S/O KRISHNAPPA,
2. RAJANNA AGED 70 YEARS, S/O HUCHCHPPA
3. MUNIRAJA AGED 45 YEARS S/O THIMMAGOWDA,
4.
MANJUNATH G AGED 56 YEARS S/O GANGADHARAPPA
5. YELLAPPA AGED 60 YEARS, S/O DODDA MALLARAPPA
6.
MANJUNATHA B AGED 52 YEARS C/O CHIKKABACHAPPA,
7. VEKKAMMA AGED 50 YEARS C/O NANJEGOWDA
8. ASHWATHAPPA AGED 51 YEARS S/O RAMAIAH,
9.
NAGARAJU H M AGED 44 YEARS,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16423 WP No. 8198 of 2025
S/O LATE MUNNIYAPPA
10. JAYARAMAIAH AGED 69 YEARS S/O SAMPANGAPPA
ALL ARE R/AT HUSKUR, ARALUMALLIGE, DODDABALLAPURA TALUK BANGALORE RURAL - 561203.
…PETITIONERS (BY SRI. KARUNAKARA P., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY FOR DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560001.
2.
ASST. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA TALUK BANGALORE RURAL - 561203.
3.
RETURNING OFFICER HUSKUR MILK PRODUCERS CO-OPERATIVE SOCIETY, AND CO-OPERATIVE DEVELOPMENT OFFICER, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETY, DODDABALLAPURA TALUK BANGALORE RURAL - 561203.
4.
5.
HUSKUR MILK PRODUCERS CO-OPERATIVE SOCIETY REPRESENTED BY ITS CEO HUSKUR ARALUMALLIGE, DODDABALLAPURA TALUK, BANGALORE RURAL - 561203.
ANJINAPPA R S/O RAMAKRISHNA MAJOR, HUSKUR,
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NC: 2025:KHC:16423 WP No. 8198 of 2025
6.
DODDABALLAPURA TALUK, BENGALURU RURAL-561203.
MUNIRAJU R.
S/O NARAYANAPPA MAJOR HUSKUR, DODDABALLAPURA TALUK, BENGALARU RURAL-561203.
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3;
SRI. DEVIPRASAD SHETTY., ADVOCATE R5 & R6; R4-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DTD. 06.03.2025 PASSED BY THE R-2 IN PROCEEDINGS NO. SANI47/DAVA/06/2024-25 IN 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
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari to quash the order dated 06.03.2025 passed by the R2 in proceedings No. SANI47/DAVA/06/2024-25 in Annexure-A.
b. Issue a writ of Mandamus directing the R3 to declare the result of the election held on
07.03.2025.
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NC: 2025:KHC:16423 WP No. 8198 of 2025
c. Issue any such other relief by this Hon’ble Court may be deems fit based on circumstances and facts of the case.
2. What is under challenge is the order dismissing the challenge made by the petitioners as regards the Co- option of one Mr. T.Anand. The said Mr. T.Anand has not been made a party to these proceedings. The present petition has been filed by the other directors who had Co-opted Mr. T.Anand as a Director.
3. In that view of the matter, firstly the petitioners would not have any locus to maintain the present petition; secondly, the order which has been passed is an interim order as regards which the Petitioners could always seek for modification by filing necessary application. In that view of the above, I am of the considered opinion that liberty is to be reserved for the petitioners to approach respondent No.2 - Assistant Registrar Cooperative Societies seeking for modification of the interim order. As such, I pass the following:
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NC: 2025:KHC:16423 WP No. 8198 of 2025
ORDER i) The Writ Petition is disposed reserving the aforesaid liberty. ii) Respondent No.2 shall consider the application for modification if any filed by the petitioner and pass necessary orders within a period of 30 days of such filing of the application.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 2 Sl No.: 11