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2025 DAILYLAW 30436 (KAR)

KONDAVADI MILK PRODUCERS CO OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/20098/2024 · 2025-01-06

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:223 WP No. 20098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.20098 OF 2024 (CS-EL/M) BETWEEN: 1. KONDAVADI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KONDAVADI MADHUGIRI TALUK, TUMKUR DISTRICT-572101 REPRESENTED BY ITS SECRETARY, SOCIETY IS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 2. SRI CHANDRASHEKAR S/O. KEMPANNA, AGED ABOUT 56 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101 PRESIDENT OF PETITIONER NO.1 SOCIETY. 3. BYARANNA S/O. DODDAPAIAH, AGED ABOUT 74 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. 4. SRI GIRIJAMMA W/O. CHOWDAPPA, AGED ABOUT 56 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:223 WP No. 20098 of 2024 5. SRI GOVINDAPPA S/O. GOVINDAIAH, AGED ABOUT 72 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. 6. SRI SIDDESH S/O. LINGAIAH, AGED ABOUT 37 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. 7. SRI DODDA CHOWDAIAH S/O. RAMA KRISHNAIAH, AGED ABOUT 45 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. 8. SRI VENKATAPPA S/O VENKATARAMANAPPA, AGED ABOUT 55 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. 9. SRI JAYARAMAIAH S/O. RAMAIAH, AGED ABOUT 58 YEARS, KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. 10. SRI SHIVARAM S/O. KAKIMALLAIAH, AGED ABOUT 48 YEARS, - 3 - NC: 2025:KHC:223 WP No. 20098 of 2024 KONDAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. (PETITIONERS NO.4 TO 10 ARE DIRECTORS OF PETITIONER NO.1 SOCIETY) ... PETITIONERS (BY SRI PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC, A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BENGALURU-560052. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ROOM NO.215, 2ND FLOOR, MINI VIDHANA SOUDHA, TUMKUR-572101. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MADHUGIRI SUB DIVISION MADHUGIRI, MADHUGIRI TALUK, TUMKUR-572101. 6. DISTRICT ELECTION OFFICER CO-OPERATIVE SOCIETIES REGISTRAR OFFICE, - 4 - NC: 2025:KHC:223 WP No. 20098 of 2024 TUMKUR DISTRICT, TUMKUR-572101. 7. THE TUMKUR MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206-BH ROAD, MALLASANDRA, TUMKUR-572101 REPRESENTED BY ITS MANAGING DIRECTOR REG. UNDER SOCIETIES REGISTRATION ACT, 1959. ... RESPONDENTS (BY SRI SIDHARTH BABURAO, AGA FOR R-1, R-3, R-4 & R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2 & R-6; SRI B.R. PRASHANTH, ADVOCATE FOR R-7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 6 TO CONDUCT THE ELECTION FOR THE BOARD OF DIRECTORS OF THE P-1 SOCIETY BEFORE HOLDING THE ELECTION TO THE R-7 I.E. BEFORE 10.11.2024 FROM THE STAGE WHERE IT IS STOPPED I.E. FROM THE STAGE CONTEMPLATED UNDER RULE 13-D(2-A) (V) OF THE RULES; DIRECT THE R-1 TO 6 TO CONDUCT THE ELECTION FOR THE BOARD OF DIRECTORS OF THE P-1 SOCIETY BEFORE HOLDING THE ELECTION TO THE R-7 I.E. BEFORE 10.11.2024 BY PERMITTING ALL THE MEMBERS TO PARTICIPATE IN THE SAID ELECTION AS PER THE VOTERS LIST PREPARED AND ANNEXED TO THE REPRESENTATIONS DATED 12.02.2024 VIDE ANNEXURE-H & H1. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:223 WP No. 20098 of 2024 ORAL ORDER Petitioners in this writ petition are seeking for the following reliefs: “(i) Issue a Writ of Mandamus directing the Respondents 1 to 6 to conduct the election for the board of directors of the 1st petitioner society before holding the election to the 7th respondent i.e. before 10.11.2024 from the stage where it is stopped i.e. from the stage contemplated under Rule 13-D(2-A) (V) of the Rules. (ii) Issue a Writ of Mandamus directing the Respondents 1 to 6 to conduct the election for the board of directors of the 1st petitioner society before holding the election to the 7th respondent i.e. before 10.11.2024 by permitting all the members to participate in the said election as per the voters list prepared and annexed to the representations Dated 12.02.2024 vide Annexure-H & H1. (iii) Grant such other relief as deems fit in the circumstances of case and allow the writ petition with cost in the interest of justice and equity.” 2. Heard the learned counsel for the petitioners and learned counsel appearing for the respondents. - 6 - NC: 2025:KHC:223 WP No. 20098 of 2024 3. Learned counsel for respondent No.7 submits that the prayer sought in the writ petition has become infructuous, as respondent No.7 has conducted the election on 10.11.2024 itself. 4. The said submission is recorded. 5. In light of election of respondent No.7 being concluded on 10.11.2024, the prayer sought in the present petition seeking to conduct the election for the Board of Directors of petitioner No.1-society before 10.11.2024 would not survive for consideration and accordingly, the present writ petition stands disposed of as having become infructuous. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 18