Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23074 WP No. 17872 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17872 OF 2025 (CS-RES)
BETWEEN:
1. SHIVANNA S/O LATE BASAPPA AGE 66 YEARS DELIGATEE OF HEBBALAKUPPE CREDIT CO-OPERATIVE SOCIETY LTD.
HEBBALUKUPPE, KASABA HOBLI H.D KOTE TALUK MYSURU DISTRICT-571114. …PETITIONER
(BY SRI. SANDESH T.B., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION AMBEDKAR VEEDHI, BENGALURU REPRESENTED BY ITS PRINCIPLE SECRETORY.
2.
THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY.
3.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSURU SUB-DIVISION HUNSURU TALUK MYSURU DISTRICT-571105.
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23074 WP No. 17872 of 2025
4.
HEBBALUKUPPE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD.
HEBBALUKUPPE, KASABA HOBLI H.D KOTE TALUK MYSURU DISTRICT-571114.
REPRESENTED BY ITS CEO.
5.
MYSURU AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD.
NEHARU CIRCLE, ASHOOKA ROAD MYSURU-570001 REPRESENTED BY ITS CEO
6.
THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD.
NEHARU CIRCLE, ASHOOKA ROAD MYSURU-570001.
7.
G.K LAKSHMI PRASAD S/O KARIGOWDA AGED ABOUT 42 YEARS DELIGATEE OF ANTHARASANTHE CREDIT CO-OPERATIVE SOCIETY LTD.
ANTHARASANTHE, H.D KOTE TALUK MYSURU DISTRICT-571114.
8. SHIVANAJEGOWDA S/O LATE SHIVANNEGOWDA AGED ABOUT 66 YEARS DELIGATEE OF BADAGALAPURA CREDIT CO-OPERATIVE SOCIETY LTD.
BADAGALAPURA, H.D KOTE TALUK MYSURU DISTRICT-571114.
9. MADAPPA S/O LATE RAMALINGAPPA AGED ABOUT 60 YEARS DELIGATEE OF MANAGANAHALLI CREDIT CO-OPERATIVE SOCIETY LTD. MANAGANAHALLI
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HC-KAR NC: 2025:KHC:23074 WP No. 17872 of 2025
H.D KOTE TALUK MYSURU DISTRICT-571114.
10. ANIL KUMAR .C S/O LATE S.CHIKKAMADU AGED ABOUT 39 YEARS DELIGATEE OF NAGANAHALLI CREDIT CO-OPERATIVE SOCIETY LTD.
NAGANAHALLI, H.D KOTE TALUK MYSURU DISTRICT-571114. …RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R6;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2;
SRI. VIJAY SARATHY, ADVOCATE FOR R4;
SRI. K. ANAND, ADVOCATE FOR R5;
V/O/D 20.06.2025 NOTICE TO R7 TO R10 IS DEFERRED FOR THE TIME BEING)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ENDORSEMENT DATED 19.06.2025 ISSUED BY THE R-6 VIDE ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:23074 WP No. 17872 of 2025
ORAL ORDER
In the present writ petition, the petitioner is assailing the endorsement dated 19.06.2025 issued by respondent No.6, whereby the petitioner's nomination has been rejected on the ground that the Board is not in existence and that a Special Officer has been appointed in its place.
2. Learned Additional Government Advocate has brought to the attention of this Court that the elections in question have already been concluded. He further relies on the decision of a Co-ordinate Bench of this Court in Mohammad Beary v. State of Karnataka [W.P. No.29271/2023], wherein it has been categorically held that writ jurisdiction under Article 226 of the Constitution is not maintainable in cases concerning rejection of nominations once the election process has commenced or concluded.
3. In view of the undisputed fact that the elections have now concluded, this Court is of the considered opinion that no interference is warranted in the matter. Even otherwise, the petitioner’s claim, which is premised on his nomination as a delegate, is rendered infructuous in light of the fact that the
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HC-KAR NC: 2025:KHC:23074 WP No. 17872 of 2025
Board has been dissolved and a Special Officer has been appointed. Consequently, the petitioner does not possess any enforceable right to participate in or cast a vote in the elections pertaining to the Federal Bank.
4. Accordingly, the writ petition stands dismissed as having become infructuous.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB, List No.: 3 Sl No.: 19