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High Court of Karnataka · body

2025 DAILYLAW 2743 (KAR)

SRI BHAVIKATTE BHARAMAPPA S/O HANUMANTHAPPA v. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (ARCS)

WP/100105/2025 · 2025-01-08

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100105 OF 2025 (CS-EL/M) BETWEEN: 1. SRI BHAVIKATTE BHARAMAPPA S/O HANUMANTHAPPA, AGED ABOUT 74 YEARS, OCC: AGRICULTURE, R/O KURUBAGERI – 583 131. HARAPANAHALLI TQ, VIJAYANAGAR DIST. 2. SRI CHIKERI VENKATESH S/O SRI URAPPA, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O THEKKADAGARADIKERI-583131. HARAPANAHALLI TQ, VIJAYANAGAR DIST. 3. SRI PUJAR NAGAPPA S/O PUJAR NANJUNDAPPA, AGED ABOUT 71 YEARS, OCC: AGRICULTURE, R/O ADAVIHALLI VILLAGE – 583 131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 4. SRI TIMMALAPURADA RAVI SHANKAR S/O. LATE SRI T. BASAVARAJAPPA, AGED ABOUT 53 YEARS, ADVOCATE AND AGRICULTURIST, R/O 35/A, ERAMMAJI BASAPPA GOWDA FARM HOUSE, ARASIKERE ROAD, DEVERA-TIMMALAPURA VILLAGE–583131. HARAPANAHALLI TQ, VIJAYANAGAR DIST. 5. SRI G. HANUMANTHAPPA, S/O SRI SOMAPPA, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: SONDURAGERI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 6. SRI VIJAYAKUMAR S/O. GOWLY NINGAPPA, AGED ABOUT 64 YEARS, OCC: AGRICULTURE, R/O GOWLERA ONI, HARAPANAHALLI TOWN-583131, VIJAYANAGAR DIST. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 7. SRI. T. AHAMED HUSSAIN S/O SRI. ABDUL SAB, AGED ABOUT 45 YEARS, ADVOCATE, R/O: 7TH WARD, RAHAMATH NAGAR-583131, HARAPANAHALLI TOWN, VIJAYANAGAR DIST. 8. SMT. G. SUJATHA, W/O GUNDI MANJUNATHA, AGED ABOUT 40YEARS, OCC: AGRICULTURE, R/O: VALMIKI NAGARA -583131, HARAPANAHALLI TOWN, VIJAYANAGAR DIST. …PETITIONERS (BY SRI. RAJASHEKHAR BURJI, ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (ARCS), HARAPANAHALLI SUB-DIVISION, NEAR I.B.CIRCLE, HOSAPETE ROAD, HARAPANAHALLI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 2. THE RETURNING OFFICER, MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ELECTIONS, BY NAME SRI. G.S. SURENDRA, CO-OPERATIVE DEVELOPMENT OFFICER OF SIRUGUPPA. IN-CHARGE OF HARAPANAHALLI, DEPARTMENT OF CO-OPERATION, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 3. MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HOSPET ROAD, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. REP BY ITS CHIEF EXECUTIVE OFFICER, BY NAME SRI. BASAVARAJ 4. SRI UDDARA RANGAPPA S/O. SRI DURUGAPPA, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, R/O KURUBARAGERI-583131, HARAPANAHALLI TOWN. 5. SRI GATINA BASAVARAJA S/O. SRI DURUGAPPA, - 3 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O VALMIKI NAGAR, 8TH WARD, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 6. SRI K. MAHABOOB BASHA S/O. LATE. K. SHEIK HUSSAIN, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O SHILARAGERI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 7. SRI KALLIBAVI SHAFIULLAH S/O. SRI RIZWAN, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/O GUNDINAKERI-583131 HARAPANAHALLI TQ, VIJAYANAGAR DIST. 8. SRI H. DEVENDRAPPA S/O. SRI JUNZAPPA, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O: SANDURAGERI-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 9. SMT. B. UMAMAHESHWARI W/O. SRI SHANKAR. K.S., AGED ABOUT 54, OCC: AGRICULTURE, R/O: JOYEESARA KERI, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 10. SMT. JOGINA JAYASHREE W/O SRI. JOGINA BHARATESH, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O: SANDURUGERI-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ,VIJAYANAGAR DIST. 11. SRI NALBANDI NISARA S/O. SRI CHAMAN SAB, AGED ABOUT 33 YEARS, OCC: AGRICULTURE, R/O: BANAGERE-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 12. SRI HALEBEDARA NAGARAJAPPA S/O SRI DODDA KENCHAPPA, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: HULLUGARADIKERI-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST. - 4 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 13. SRI DADAPEER. D. S/O SRI LATE. ISMAIL SAB, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O: CHITTARAGERI-583131, HARAPANAHALLI TOWN, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 14. SMT. M. SUMANGALA W/O. SRI VENKATESHA, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: TELUGARA ONI, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 15. SRI M.V. KRISHNAKANTH S/O. SRI TUMUNAPPA, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O: ARASIKERE ROAD, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 16. SRI GIDDALLI NAGARAJA S/O. SRI SANNA DYAMAPPA, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, R/O: VALMIKI NAGAR, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 17. SRI THM MANJUNATHA S/O. LATE. SRI THM VIRUPAKSHAIAH, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/O: SUNAGARAGERI, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. 18. SRI DANDINA HARISHA S/O. SRI RAJAGOPALA, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O MATADAKERI, HARAPANAHALLI TOWN-583131, HARAPANAHALLI TQ, VIJAYANAGAR DIST. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. G.V. BHARAMAGOUD, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO, QUASH THE ORDER DATED 07.01.2025 PASSED IN ELECTION PETITION - 5 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 NO.Sa.Ni/HRP/Section-70/CR-05/2024-25 BY THE RESPONDENT NO.1, PRODUCED AT ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question an order dated 07.01.2025, by which, the Interlocutory Application of the petitioners to stall the elections to the posts of President and Vice President of the third respondent comes to be rejected. 2. Heard the learned counsel for petitioners and learned HCGP for the respondent-State. 3. It transpires that the petitioners are before the concerned Court calling in question the elections held to the third respondent-Society and the matter is pending consideration. There was no interim order granted of stay of further proceedings. Therefore, the calendar of events is now notified by the Returning Officer for the purpose of conduct of elections to the posts of President and Vice - 6 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 President of the Society. It is then the petitioners move the application that was filed along with the petition seeking stay of further proceedings. The concerned Court rejects the prayer for any interim relief on the score that the calendar of events had already been notified for the purpose of conduct of election of President and Vice President. 4. I do not find any warrant to interfere with the reasons so rendered by the concerned Court though the order does not inspire the confidence insofar as the rendering of reasons is concerned. The order is cryptic but issue is that the calendar of events have already been notified. Therefore, all proceedings that would be taken pursuant to the filing of Election Petition shall remain subject to the result of Election Petition including the election to the posts of President and Vice President. 5. All the contentions are left to be urged by the petitioners before the concerned Court. The proceedings before the first respondent be concluded in terms of the - 7 - NC: 2025:KHC-D:296 WP No. 100105 of 2025 mandate and statute without brooking any further delay than what is prescribed under the statute. 6. Ordered accordingly. 7. In view of the aforesaid reasons, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NAA/VP LIST NO.: 2 SL NO.: 6