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2025 DAILYLAW 27115 (KAR)

SMT. JAYASHREE v. THE STATE OF KARNATAKA

WP/14993/2025 · 2025-05-22

C M Joshi

body2025

Judgment text

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- 1 - NC: 2025:KHC:18360 WP No. 14993 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. 14993 OF 2025 (CS-RES) BETWEEN: 1. SMT. JAYASHREE W/O YOGESH AGED 35 YEARS PRESIDENT/DIRECTOR KADARAMANGALA MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 2. SMT. SUNITHA K R W/O LATE RAJU AGED 44 YEARS DIRECTOR KADARAMANGALA MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 3. SMT. YASHODAMMA W/O THIMMEGOWDA AGED 54 YEARS DIRECTOR KADARAMANGALA MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 4. SMT. KAMALAMMA W/O CHANNAPPA Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18360 WP No. 14993 of 2025 AGED 57 YEARS DIRECTOR KADARAMANGALA MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 5. SMT. PAVITRA S/O RAVIKUMAR KT AGED 39 YEARS DIRECTOR KADARAMANGALA MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 6. SMT. PREETHI HS W/O NAGARAJU K AGED 41 YEARS DIRECTOR KADARAMANGALA 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 - 3 - NC: 2025:KHC:18360 WP No. 14993 of 2025 ALI ASKER ROAD BANGALORE-560001. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB DIVISION RAMANAGARA-562 160. 4. THE KADARAMANGALA MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 REPRESENTED BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 5. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562 160 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 REPRESENTED BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. K.SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT. PRATHIMA HONNAPUR, AAG A/W SRI BHAJEGOWDA 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 ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DATED 25.04.2025 BEARING NO. SANIRA-46/NOTISU/2025-26 PASSED BY THE R-3 VIDE ANNEXURE-C AND ISSUE ANY WRIT OR ORDER OR DIRECTION AS THIS COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE. - 4 - NC: 2025:KHC:18360 WP No. 14993 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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; - 5 - NC: 2025:KHC:18360 WP No. 14993 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. - 6 - NC: 2025:KHC:18360 WP No. 14993 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.: 250