Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19324 WP No. 13466 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 13466 OF 2025 (CS-EL/M)
BETWEEN:
SAYED SUHAIL S/O SAYED KUSHTHER AGED ABOUT 41 YEARS R/AT, HALAGANAHALLI VILLAGE BETTADAPURA HOBLI PIRIYAPATTANA TALUK MYSURU DIST-571 187 … PETITIONER (BY SRI.SANDESH T.B..,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA BENGALURU -560 001 REP BY ITS SECRETARY
2.
THE REGISTRAR CO- OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD BENGALURU -560 052
3.
THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H.ROAD, SHANTINAGAR BENGALURU -560 027 REP.BY ITS SECRETARY.
4.
THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MYSURU DISTRICT- 571 125
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19324 WP No. 13466 of 2025
5.
THE RETURNING OFFICER HALAGANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD HALAGANAHALLI VILLAGE PERIYAPATTANA TALUK MYSURU DISTRICT-571 187
6.
HALAGANAHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, HALAGANAHALLI VILLAGE PERIYAPATTANA TALUK MYSURU DISTRICT-571187 REP.BY ITS CEO …RESPONDENTS ( AGA FOR R-1,R-2 R-4 & R-5;
BY SRI.T.L.KIRAN KUMAR., ADVOCATE FOR R-3;
R6-HALAGANAHALLI PRIMARY AGRICULTURE CREDIT CO- OPERATIVE SOCIETY LTD,)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 - 6 TO CONDUCT THE ELECTION PROCESS FROM THE STAGE WHERE IT WAS STOPPED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: i) Issue a writ of mandamus directing the Respondent No.4 - 6 to conduct the Election Process from the stage where it was stopped.
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HC-KAR NC: 2025:KHC:19324 WP No. 13466 of 2025
ii) Issue such other order or direction as this Hon'ble Court deems fit under the circumstances of the case.
2. The submission of Sri Sandesh T.B., learned counsel for petitioner is that notice has already been issued in compliance with Rule 13-D of the Karnataka Co- operative Societies Rules, 1960 (hereinafter referred to as 'KCS Rules') as such Election is required to be held to the Respondent No.6 society. Notice having been issued, Respondent No.6 – society though not represented by the counsel, the CEO of the Respondent No.6 is present when it was taken up for hearing on 5.6.2025. He submitted that no meeting having been held for the last two years, none of the members would be disqualified under Section 20(2)(a-iv) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'KCS Act') and notice has been issued to the defaulters of the loan, who are disqualified in terms of Section 20(2)(a-v) of the KCS Act. He was called upon to place the
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HC-KAR NC: 2025:KHC:19324 WP No. 13466 of 2025
Registered Post Acknowledgement Due Cards indicating the service of notice. Today, the CEO has made available the said acknowledgment cards to the learned AGA.
3. Learned AGA submits that service being effected in compliance of Rule 13-D(3)(b) of the KCS Rules, there being no objection which has been received in respect thereof. Within 60 days' time, the election process would be completed.
4. In that view of the matter, placing the submission of learned AGA on record, directing Respondent No.4 to complete the entire election process within 60 days from today, the petition stands disposed of.
5. Pending I.As., if any stand disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 8