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2025 DAILYLAW 26617 (KAR)

SRI. PAVAN. T. R. v. THE STATE OF KARNATAKA

WP/14116/2025 · 2025-05-22

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18354 WP No. 14116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14116 OF 2025 (CS-RES) BETWEEN: 1. SRI. PAVAN. T. R. S/O RAMALINGEGOWDA K.M AGED ABOUT 40 YEARS PRESIDENT/DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562 160. 2. SRI. RAMESH S/O DODDAMANCHAYYA AGED ABOUT 58 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. 3. SRI. SATISH T P S/O PUTTASWAMY GOWDA AGED ABOUT 43 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. 4. SRI. RAJU T C S/O CHIKKAMARIGOWDA AGED ABOUT 47 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18354 WP No. 14116 of 2025 RAMANAGARA DISTRICT 562160. 5. S. KUMAR S/O CHANNEGOWDA AGED 53 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. 6. SRI. SHIVALINGEGOWDA S/O NINGEGOWDA AGED 54 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. 7. SRI. SIDDAPPA S/O SIDDAYYA AGED 50 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. 8. SRI. SHIVALINGEGOUDA T L S/O LINGARAJU AGED 40 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. - 3 - NC: 2025:KHC:18354 WP No. 14116 of 2025 9. SRI. RAJA S/O RAMEGOWDA AGED 50 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 10. SMT MANJULA W/O SHIVALINGEGOWDA AGED 40 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABAHOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. 11. SMT NANDINI W/O RAMESH AGED 41 YEARS DIRECTOR TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160. …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR CO-OPERATIVE SOCIETIES ALI ASKER ROAD BANGALORE-560051. - 4 - NC: 2025:KHC:18354 WP No. 14116 of 2025 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB DIVISION RAMANAGARA-562159. 4. THE TAGACHAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, CHANNAPATTANA TALUK RAMANAGARA DISTRICT-562159 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 REP. BY ITS SECRETARY. 5. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562159. 6. THE BANGALORE URBAN BANGALORE RURAL AND RAMNAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS CO-OPERATIVE SOCIETY M.H MARIGOWDA ROAD, DR COLLEGE POST BANGALORE 560029 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL A/W SRI. BHOJEGOWDA T KOLLER AGA FOR R1 TO R3 AND R5; SRI. B L SANJEEV, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD. 25.04.2025 BEARING NO. SANIRA- 46/NOTISU/2025-26 PASSED BY R-3 VIDE ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:18354 WP No. 14116 of 2025 CORAM: HON'BLE MR JUSTICE C M JOSHI ORAL ORDER Heard learned counsel for petitioners and learned Advocate General for respondents-State. 2. The petitioners herein for one or the other reason are likely to be disqualified in the elections. 3. It is the case of the petitioners that they may not be permitted to vote as there is various other factors leading to it, including certain misappropriation, and the previous conduct, and that they had not attended the meetings. 4. The question whether they are to be permitted to vote or not? is the matter which has to be determined by the Assistant Registrar of Co-operative Societies. 5. If for any reason, the Assistant Registrar of Co- operative Societies holds that these petitioners are disqualified, the right of hearing and an opportunity for them would be ended. In that view of the matter, an interim arrangement has to be made. Hence, the following; - 6 - NC: 2025:KHC:18354 WP No. 14116 of 2025 ORDER i) The petitioners be permitted to cast their votes in the election to be held on 25.05.2025. ii) The votes cast by the respective petitioners be kept in a separate ballot box and shall continue to be retained in a separate box until the disposal of the dispute if any raised between the petitioners and the Co-operative Society. iii) The Assistant Registrar of Co-operative Societies, shall decide the matter regarding qualification of the petitioners to vote in a time bound manner and in all the probabilities not more than 15 days from the date of this order. iv) After such finding the ballot box which has been kept separately be considered in accordance with the order passed by the Assistant Registrar of Co- operative Societies. - 7 - NC: 2025:KHC:18354 WP No. 14116 of 2025 v) In other words, the counting of the votes will take place after the Assistant Registrar of Co- operative Societies give such a finding. vi) The Returning Officer is at liberty to declare the results if the winning margin is more than the votes kept in the separate ballot box. Accordingly, the petition is disposed of. Sd/- (C M JOSHI) JUDGE SRK List No.: 1 Sl No.: 263