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2025 DAILYLAW 21022 (KAR)

DASHARATHA v. THE STATE OF KARNATAKA

WP/7815/2025 · 2025-04-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:14559 WP No. 7815 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. 7815 OF 2025 (CS-EL/M) BETWEEN: DASHARATHA S/O LATE RAMAKRISHNA AGED ABOUT 54 YEARS DIRECTOR OF KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, KASABA VILLAGE, HD KOTE TALUK, MYSURU DIST-571125 …PETITIONER (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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14559 WP No. 7815 of 2025 5. THE RETURNING OFFICER KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, KASABA VILLAGE, HD KOTE TALUK, MYSURU DIST-571125 6. THE VOTER LIST SCRUTINY OFFICER KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, KASABA VILLAGE, HD KOTE TALUK, MYSURU DIST-571125 7. KASABA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, KASABA VILLAGE, HD KOTE TALUK, MYSURU DIST-571125 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 CALL FOR RECORDS AND 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: - 3 - NC: 2025:KHC:14559 WP No. 7815 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is 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. 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 50 days in terms of the time frame fixed under Rule 13 of KCS Rules. - 4 - NC: 2025:KHC:14559 WP No. 7815 of 2025 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 70 days from the date of receipt of copy of this order. iii. In view of there being default on part of society in compliance with Rule 13 of the KCS Rules, the term of the Managing Committee has expired, the interim order stand recalled. The respondents are at liberty to appoint an administrator, who shall hold the election after complying with Rule 13 of the KCS Rules. SD/- (SURAJ GOVINDARAJ) JUDGE SR, List No.: 1 Sl No.: 110