Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17599 WP No. 10434 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10434 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI. SWAMY S/O. KENDAGANNAPPA AGED ABOUT 47 YEARS R/O GAGENAHALLI VILLAGE HUNSUR TALUK, MYSORE DISTRICT – 571103
2. SRI. KRISHNA SHETTY S/O. ANDANSHETTY AGED ABOUT 55 YEARS R/O VADERAHOSAHALLI VILLAGE HUNSUR TALUK, MYSORE DISTRICT – 571103
3. SMT.SUJATHA W/O.LINGARAJE URS AGED ABOUT 61 YEARS R/O GAGENAHALLI VILLAGE HUNSUR TALUK, MYSORE DISTRICT – 571103
4. SRI. CHANDREGOWDA S/O. SHIVANNEGOWDA AGED ABOUT 42 YEARS R/O GAGENAHALLI VILLAGE HUNSUR TALUK, MYSORE DISTRICT – 571103
5. SRI. PUTTASWAMY NAIKA S/O. THIMMA NAIKA AGED ABOUT 67 YEARS R/O GAGENAHALLI VILLAGE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17599 WP No. 10434 of 2025
HUNSUR TALUK, MYSORE DISTRICT – 571103
6. SRI. NAGEGOWDA S/O.CHIKKANNEGOWDA AGED ABOUT 54 YEARS R/O GAGENAHALLI VILLAGE HUNSUR TALUK, MYSORE DISTRICT - 571103
…PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P.,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 REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DISTRICT, MYSORE - 570024. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSUR SUB-DIVISION, HUNSUR, MYSORE DISTRICT - 571105. 6. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE - 571125. 7. GAGENAHALLI PRIMARY AGRICULTURE CREDIT
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NC: 2025:KHC:17599 WP No. 10434 of 2025
CO-OPERATIVE SOCIETY LTD, GAGENAHALLI VILLAGE, HUNASURU TALUK, MYSURU DIST-571105. REPRESENTED BY ITS CEO. 8. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE - 570 001. REP. BY ITS MANAGING DIRECTOR / CEO
9. 10. 11. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE - 570 001. REP. BY ITS ADMINISTRATOR. …RESPONDENTS
SWAMY NAYAKA S/O ANNAIAH NAYAKA AGED ABOUT 40 YEARS HULIGOWDANAKOPPALU, GAGENAHALLI POST, HUNASURU TALUK, MYSORE DISTRICT-571103. SHEKARE GOWDA S/O LATE PUTTASWAMY GOWDA AGED ABOUT 65 YEARS GAGENAHALLI VILLAGE AND POST, HUNASURU TALUK, MYSORE DISTRICT-571103. …IMPLEADING APPLICANTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1, R2, R4 TO R6;
SRI. T.L. KIRAN KUMAR., ADVOCATE OFR R3;
SMT. K.S. ANASUYA DEVI .,ADVOCATE FOR R7; R8-SERVED; SRI.
SANDESH T.B., ADVOCATE FOR IMPLEADING APPLICANT ON I.A.1/25)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE
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NC: 2025:KHC:17599 WP No. 10434 of 2025
OF MANDAMUS DIRECTING RESPONDENTS 1 TO 6 TO CONDUCT ELECTIONS TO ELECT THE BOARD OF MANAGEMENT OF THE 7TH RESPONDENT SOCIETY, WHOSE TERM HAS EXPIRED ON 12.01.2025 PURSUANT TO ANNEXURE-B 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 in the nature of Mandamus directing R1 to R6 to conduct elections to elect the Board of Management of the 7th Respondent Society, whose term has expired on 12.01.2025 pursuant to Annexure-B dated 21.03.2025 and
b. Direct the respondents 1 to 6 to continue the term of the present board of directors till the elections are held and the results are declared for the Board of Management of 7th respondent society and;
c. Grant such other relief/s as deems fit by this Hon’ble Court considering the
facts and circumstances of the case including the costs, in the interest of justice and equity.
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NC: 2025:KHC:17599 WP No. 10434 of 2025
2. Notices under Clause (2) of Sub-rule (2A) of Rule 13 of the Karnataka Cooperative Societies Rules, 1960 [‘KCS Rules’ for short] have not been issued.
3.
Learned counsel for the Society submits that necessary notices would be issued within a period of 30 days from today.
4. If said notices are issued and other compliances are made in terms of Rule 13-D, respondents are
directed to conduct elections as early as possible.
5. With the above observation, the petition stands
disposed.
6. In view of disposal of the above petition, the impleading application in IA No.1/2025 stands dismissed.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 2 Sl No.: 23