SRI G R SRINIVASA v. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
WP/16945/2025 · 2025-07-03
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28868 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28868 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16945 OF 2025 (CS-RES)
BETWEEN:
SRI. G.R. SRINIVASA S/O LATE G.RAMAIAH, AGED ABOUT 70 YEARS, RESIDING AT NO.294, NANDI AT AND POST HOBLI, CHIKBALLAPURA TALUK AND DISTRICT-562 103. …PETITIONER
(BY SRI. CHOWDAREDDY T.M., ADVOCATE)
AND:
1. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES CHIKKABALLAPURA DISTRICT , CHIKKABALLAPURA D.C. OFFICE COMPLEX, CHIKKABALLPURA-562 101. 2. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPURA TALUK AND DISTRICT-562 101. 3. THE PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. (PLD BANK) CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562 101, BY ITS MANAGER. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
[REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959]
4. THE RETURNING OFFICER THE PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., (PLD BANK) CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562 101. 5. SRI. RAVI J.
S/O N. JAYARAMAIAH, AGED ABOUT 61 YEARS, PERMANENT RESIDENT OF NANDI AT AND POST, CHIKKABALLAPURA TQ.-562 103. 6. MR. SYED NAWAB JAN S/O ABDUL SUKOOR, AGED ABOUT 69 YEARS, R/AT NANDI AT AND POST, CHIKKABALLAPURA TALUK AND DIST.-562 103. 7. MR. MAHABOOB PASHA S/O MUSTAF SAB, AGED ABOUT 59 YEARS, R/AT NANDI AT AND POST HOBLI, CHIKKABALLAPURA TQ AND DIST.-562 103. 8. SRI. M. GOVINDAPPA S/O SRI. MUNISHAMAPPA, AGED ABOUT 79 YEARS, R/AT NANDI AT AND POST HOBLI, CHIKKABALLAPURA TQ AND DIST.-562 103. 9. SRI. K.M.FAZLULLA S/O K.M. MAHAMED, AGED ABOUT 58 YEARS, R/AT NANDI AT AND POST,
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
CHIKKABALLAPURA TQ AND DIST.-562 103. 10. SRI. K.M.GOVINDAPPA S/O SRI. MUNINANJAPPA, AGED ABOUT 70 YEARS, R/AT KUDAVATHI VILLAGE AND POST, CHIKKABALLAPURA TALUK AND DIST.-562 103. 11. SRI. GOPI N.S.
S/O SRINIVASALU C.N., AGED ABOUT 50 YEARS, R/AT KUDAVATHI VILLAGE AND POST, CHIKKABALLAPURA TALUK AND DIST.-562 103. 12. SRI. LOKESH S/O CHIKKAMUNISHAMAPPA, AGED ABOUT 51 YEARS, R/AT SULTANPET VILLAGE, CHIKKABALLAPURA TALUK AND DIST.-562 103. 13. SRI. G.S.AJAY S/O G.R.SRINIVASAN, AGED ABOUT 30 YEARS, R/AT NANDI AT AND POST, CHIKKABALLAPURA TALUK AND DIST.-562 103. 14. SRI. S.AKSHAY S/O SRI. G.R.SRINIVASAN, AGED ABOUT 37YEARS, R/AT NANDI AT AND POST, CHIKKABALLAPURA TQ AND DIST.-562 103. 15. SRI.
MANJUNATH T.V.
S/O EARRAPPA, AGED ABOUT 73 YEARS
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
R/AT NANDI, SULTANPET ROAD, NANDI AT AND POST AND HOBLI, CHIKKABALLAPURA TQ AND DISTRICT-562 103. …RESPONDENTS
(BY SRI. YOGESH D NAIK, AGA FOR R1, R2 & R4;
SRI. JAI PRAKASH REDDY M., ADVOCATE FOR C/R15 (CP 12169/2025))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE PARTY OF THE RESPONDENT NO.1 DATED 10.06.2025 IN DISPUTE NO.DRC/CR-02/2024-25, PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
“a. Issue a writ in the nature of certiorari quashing the order passed by the party of the respondent no. 1 dated 10.06.2025 in Dispute No. DRC/CR- 02/2024-25, produced at Annexure-A in the ends of justice and equity. b. Issue such other appropriate writ, order or direction as this Hon'ble court may deem fit under the circumstances of the case in the interest of justice & equity.”
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
2. By way of the impugned order dated 10.6.2025 at Annexure-A, respondent No.1-Deputy Registrar had
directed recounting of the vote. Challenging the same, the petitioner is before this Court on the ground that the petitioner's objections have not been considered nor permitted the petitioner to cross- examine the Chief Executive Officer before such a decision was taken.
3. Respondent No.5 is represented by a counsel. Respondents-5 to 14 are being the co-respondents in a proceeding before the Deputy Registrar, notice to respondents-5 to 14 is dispensed with.
4. Sri Jai Prakash Reddy M., learned counsel for respondent No.15 fairly submits that the petitioner has indeed being deprived of the opportunity of cross-examining the Chief Executive Officer and he has no objection if the matter is remanded,
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
permitting the petitioner to cross-examine the Chief Executive Officer.
5.
Learned counsel for the petitioner would further submit that certain other persons have not been issued notice by the Deputy Registrar and notice may also be directed to be issued by the Deputy Registrar to such persons.
6. Learned AGA submits that notice has been ordered on all the respondents in the said proceedings.
7. In view of the above said submission, I pass the following:
ORDER
i. The writ petition is allowed. ii. The
Order dated 10.6.2025 in Dispute No.DRC/CR-02/2024-25 at Annexure-A passed by respondent No.1-Deputy Registrar is quashed.
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HC-KAR NC: 2025:KHC:23833 WP No. 16945 of 2025
iii. The matter is remitted to respondent No.1- Deputy Registrar for fresh consideration by permitting the petitioner to cross-examine the Chief Executive Officer as also to file objections in the said proceedings. iv. If notice has not been issued to any of the other respondents, the Deputy Register would be bound to issue notice to such persons and only upon service of notice on such persons, the matter could be proceeded with and shall dispose of matter as expeditiously as possible.
SD/- (SURAJ GOVINDARAJ) JUDGE
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