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2025 DAILYLAW 23868 (KAR)

BIAREGOWDA v. THE STATE OF KARNATAKA

WP/11229/2025 · 2025-07-04

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24299 WP No. 11229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11229 OF 2025 (CS-EL/M) BETWEEN: 1. BIAREGOWDA S/O LATE KATAPPA AGED ABOUT 66 YEARS 2. NANDISH KUMAR S/O LATE VENKATAIAH AGED ABOUT 50 YEARS BOTH ARE DIRECTORS OF K. SHETTYHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 …PETITIONERS (BY 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. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PANDAVAPURA SUB-DIVISION, SHRIRANGAPATTANA TALUK MANDYA DISTRICT-571438 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24299 WP No. 11229 of 2025 3. THE RETURNING OFFICER OF K SHETTYHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 4. K SHETTYHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER CO-OPERATIVE SOCIETY REGISTERATION ACT- 1959 5. PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK SHRIRANGAPATTANA, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER CO-OPERATIVE SOCIETY REGISTERATION ACT- 1959 6. K CHIKKABOREGOWDA S/O KAMPLEGOWDA R/AT K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 7. K SHINIVASAIAH S/O JAGAVAIAH R/AT K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3; SRI. N.R. KRISHNAPPA .,ADVOCATE FOR R6 AND R7; R4 & R5-SERVED) - 3 - HC-KAR NC: 2025:KHC:24299 WP No. 11229 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER DATED 26.03.2025 PASSED BY THE ASSISTANT REGISTRAR 2ND RESPONDENT VIDE ANNEXURE-E 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: 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 set aside the impugned dated 26.03.2025 passed by the 2nd Respondent vide Annexure-E in the interest of justice and equity. b. Issue a writ of mandamus directing the Respondent No.3 to permit the petitioners to cost their votes in the ensuing office bearers election dated 11.04.2025 in the respondent No.4 society. c. 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. By way of interim order dated 9.04.2025, the petitioners were permitted to cast their votes in the - 4 - HC-KAR NC: 2025:KHC:24299 WP No. 11229 of 2025 elections to be held on 11.04.2025 for the post of President and Vice President. 3. The elections having been held on 11.04.2025, learned counsel for the petitioners submits that the petitioners have cast their votes. In that view of the matter, the petition stands disposed. 4. The respondents are directed to announce the results of the elections. If the petitioners or anyone else aggrieved by the said result, they would be entitled to raise dispute under Section 70 of the Karnataka Cooperative Societies Act, 1959. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 119