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2025 DAILYLAW 23536 (KAR)

SRI. NAGEGOWDA v. THE STATE OF KARNATAKA

WP/11067/2025 · 2025-04-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17996 WP No. 11067 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. 11067 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. NAGEGOWDA S/O.LATE. MARIGOWDA, AGED ABOUT 65 YEARS 2. SRI.K.BALASUBRAMANI S/O.LATE.C. TUTTANNAGOWDAR AGED ABOUT 66 YEARS 3. SRL. PUTTASWAMY S/O.LATE. YALAKKAIAH, AGED ABOUT 56 YEARS 4. SRI. MURALI S/O.LATE. NARAYANA RAO AGED ABOUT 52 YEARS 5. SRI. VENKATESH S/O.PAPEGOWDA, AGED ABOUT 43 YEARS 6. MR.V.MUJIB S/O. MOHAMMED, AGED ABOUT 46YERS. ALL ARE DIRECTORS, RATHNAPURI PACCS HUNSUR TALUK, MYSORE DISTRICT - 571189. ...PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P.,ADVOCATE) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17996 WP No. 11067 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 DEPUTY 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. RATHNAPURI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, RATHNAPURI, 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. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE - 570 001. REP. BY ITS ADMINISTRATOR. - 3 - NC: 2025:KHC:17996 WP No. 11067 of 2025 ...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) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS AND DIRECTING RESPONDENTS 1 TO 6 TO CONDUCT ELECTIONS TO ELECT THE BOARD OF MANAGEMENT OF THE 7TH RESPONDENT SOCIETY, WHOSE TERM HAS EXPIRED ON 12.02.2025 PURSUANT TO ANNEXURE-B DATED 21.03.2025 AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, 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 term has expired on 12.02.2025 pursuant to Annexure-B 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. - 4 - NC: 2025:KHC:17996 WP No. 11067 of 2025 2. Though the Society claims to have issued notices by registered post, what has been placed before the Court is only the bulk booking and not the acknowledgement as required under Clause (3) of Sub-rule (2-A) of Rule 13-D of the Karnataka Cooperative Societies Rules, 1960 [‘KCS Rules’ for short]. In that view of the matter, only bulk booking cannot be accepted. It would be for the Society to re-issue notices this time with ‘Registered Post Acknowledgement Due’ and place it before the Election Officer as required under Clause (3) of Sub- rule (2-A) of Rule 13-D of the KCS Rules. Once needful is done, the Respondents are directed to conduct elections as early as possible. 3. With the above observation, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 23.6