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2025 DAILYLAW 25167 (KAR)

SRI K P JAYARAM v. STATE OF KARNATAKA

WP/12187/2025 · 2025-04-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17192 WP No. 12187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12187 OF 2025 (CS-RES) BETWEEN: SRI K P JAYARAM S/O LATE PUTTEGOWDA, AGED ABOUT 75 YEARS, EX-PRESIDENT OF NGEF EMPLOYEES AND EX-EMPLOYEES HBCS LTD., R/AT NO.391, 2ND FLOOR, 5TH MAIN, NAGENDRA BLOCK, SRINAGAR, B.S.K. 1ST STAGE, BENGALURU-560050 …PETITIONER (BY SRI. RAMESH CHANDRA., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, BENGALURU-560001 2. REGISTRAR OF CO OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO OPERATIVE SOCIETIES, ALI ASKER ROAD, BENGALURU-560001 3. ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO OPERATIVES SOCIETIES, ALI ASKER ROAD, BENGALURU-560001 4. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BENGALURU REGION, NO.146, SAHAKAR SOWDHA, 3RD MAIN, 8TH CROSS, MARGOSA ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17192 WP No. 12187 of 2025 MALLESHWARAM BENGALURU-560003 5. NGEF EMPLOYEES AND EX EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LTD NO.325, 1ST FLOOR, LINK ROAD, SHESHADRIPURAM, BANGALORE-560020 REPRESENTED BY ADMINISTRATOR 6. ELECTION OFFICER ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETY, ALI ASKER ROAD, BENGALURU-560001 7. SMT. S PRASANNA KUMARI AGED ABOUT 50 YEARS, RETURNING OFFICER, NGEF EMPLOYEES AND EX EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LTD., NO.325, 1ST FLOOR, LINK ROAD, SHESHADRIPURAM, BANGALORE-560020 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE REJECTION OF THE PETITIONERS NOMINATION BY THE R-7 AS PER ANNX-A DTD. 20.04.2025 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 - 3 - NC: 2025:KHC:17192 WP No. 12187 of 2025 ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other appropriate writ, order or direction quashing the rejection of the Petitioner’s nomination by the 7th Respondent as per Annexure-A dated 20.4.2025. b. Direct the Respondents to accept the Petitioner’s nomination and permit him to contest in the forthcoming election of the 5th Respondent Society; c. Award costs of this Petition; and d. Pass such other orders as this Hon’ble Corut may deem fit and proper in the circumstances of the case. 2. The election is scheduled on 27.4.2025, in two days’ time from now. In that view of the matter, the question of directing the respondents to consider the nomination of the Petitioner would not arise. If at all the Petitioner has any dispute with the Society, liberty is reserved to raise the same in terms of Section 70 of the KCS Act. In view of the fact that there was a stay of the cancellation of membership the Petitioner, the Petitioner would have to be - 4 - NC: 2025:KHC:17192 WP No. 12187 of 2025 permitted to vote in the election subject to the result of the proceedings in GRB.MD/31/2024-25. The vote cast by the Petitioner shall be retained in a separate ballot box. 3. With the above observations, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 76