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2025 DAILYLAW 23326 (KAR)

SRI JAGADISHA v. THE STATE OF KARNATAKA

WP/10546/2025 · 2025-04-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17994 WP No. 10546 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. 10546 OF 2025 (CS-EL/M) BETWEEN: 1. SRI JAGADISHA S/O.LATE.MANCHAIAH AGED ABOUT 59 YEARS 2. MR.K.F.ABDUL SAMAD S/O.LATE. FARID SAB AGED ABOUT 76 YEARS 3. SMT. SINGAMMA W/O.LATE.MANDASAIAH AGED ABOUT 67 YEARS 4. SMT.CHAMAMMA W/O.LATE.MARINAIKA AGED ABOUT 62 YEARS 5. SMT.MADEVI W/O.SHANKARAIAH AGED ABOUT 42 YEARS 6. SMT. YASHODHA W/O.RAGHU AGED ABOUT 48 YEARS ALL ARE DIRECTORS, KATTEMALALAVADI PACCS HUNSUR TALUK, MYSORE DISTRICT - 571134. ...PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P.,ADVOCATE) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17994 WP No. 10546 of 2025 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. KATTEMALALAVADI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, KATTEMALALAVADI, HUNASURU TALUK, MYSURU DIST-571105. REPRESENTED BY ITS CEO. (A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 8. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE - 570 001. REP. BY ITS MANAGING DIRECTOR / CEO - 3 - NC: 2025:KHC:17994 WP No. 10546 of 2025 (A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 9. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE - 570 001. REP. BY ITS ADMINISTRATOR. (A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR., AAG A/W SRI. YOGESH D. NAIK., AGA FOR R1, R2, R4 TO R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3 & R7; SMT. K.S. ANASUYA DEVI., ADVOCATE FOR R7; R8-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENTS ANDDIRECT RESPONDENTS 1 TO 6 TO CONDUCT ELECTIONS TO ELECT THE BOARD OF MANAGEMENT OF THE 7TH RESPONDENT SOCIETY, WHOSE TERM HAS EXPIRED ON 14.02.2025 PURSUANT TO ANNEXURE-B DATED 21.03.2025 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: 1. 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 - 4 - NC: 2025:KHC:17994 WP No. 10546 of 2025 term has expired on 14.02.2025 pursuant to Annexure-C dated 21.03.2025 and 2. 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; 3. 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. 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. SD/- (SURAJ GOVINDARAJ) JUDGE LN/List No.: 2 Sl No.: 23.3