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2025 DAILYLAW 29574 (KAR)

SRI N PRABHAKAR v. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/17969/2025 · 2025-06-24

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22042 WP No. 17969 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17969 OF 2025 (CS-RES) BETWEEN: SRI.N PRABHAKAR S/O NAGARAJAPPA AGED ABOUT 43 YEARS R/AT M.BAYYAPPANAHALLI VILLAGE BAIRAKURU POST MULABAGILU TALUK KOLAR DISTRICT-563 131 …PETITIONER (BY SRI. SANDESH T.B, ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLAR SUB-DIVISION KOLAR-563 102 2. THE DISTRICT ELECTION COMMISSIONER CUM DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563 102. 3. THE RETURNING/SCRUTINY OFFICER KOLAR MILK UNION CUM DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT KOLAR DISTRICT KOLAR-563 102 4. KOLAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22042 WP No. 17969 of 2025 KOLAR-563 102, REPRESENTED BY ITS MANAGING DIRECTOR 5. M.BAYYAPPANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MULABAGILU TALUK KOLAR DISTRICT-563 131 REPRESENTED BY ITS SPECIAL OFFICER REGISTERED CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1 TO R4 SRI. RAJESWARA P N FOR C/R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 15/05/2025 IN NO.AR49/SSN/06/2025-26 PASSED BY THE 1 RESPONDENT ARCS APPOINTING THE SPECIAL OFFICER TO THE 5TH RESPONDENT CO-OPERATIVE SOCIETY BY INVOKING THE PROVISIONS OF SECTION 31(1) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned AGA would point out that in fact, six members have tendered resignation and has produced copy of the latest modified order dated 15.05.2025 to that effect. - 3 - HC-KAR NC: 2025:KHC:22042 WP No. 17969 of 2025 2. In view of the modified order indicating that six members have tendered resignation, the petitioner has no locus to question the appointment of a Special Officer. Therefore, the action of the Returning Officer in notifying the petitioner as ineligible voter cannot be subjected to judicial review. Therefore, the writ petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 3 Sl No.: 16