- 1 - HC-KAR NC: 2025:KHC:24841 WP No. 19649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19649 OF 2025 (GM-KSR) BETWEEN: 1. SMT CHAITRA NAYAKARAHALLI W/O SRI. MANJEGOWDA T., AGED ABOUT 46 YEARS, R/AT DOOR NO.203, SHANTHINAGAR, 3RD MAIN, KAVIRAJAMARGA, HALMIDI SHASANA CIRCLE, HASSAN 573 202 WORKING AS ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, BYADARAHALLI, KATTAYA HOBLI, HASSAN DISTRICT-573 205. …PETITIONER (BY SRI. MITHUN G A., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560 001. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY AND DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETY, 4TH ZONE, BENGALURU URBAN DISTRICT, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24841 WP No. 19649 of 2025 SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS ROAD, MALLESHWARAM, BENGALURU - 560 003. 3. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION (R) BENGALURU 5TH MAIN, 4TH CROSS, GANDHINAGAR, BENGALURU 560 009 REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 REP. BY ITS PRESIDENT, SRI. K. NAGESH. 4. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION (R) HASSAN DISTRICT UNIT HASSAN-573 201 REP. BY PRESIDENT. 5. SRI. K.V. KALEGOWDA KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION (R) HASSAN DISTRICT UNIT HASSAN-573 201. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 & R2; SRI. C H SRINIVAS, ADVOCATE FOR SRI. PRUTHVI WODEYAR, ADVOCATE FOR R5; SRI. P ANAND, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/DIRECTION DATED 26.06.2025 BEARING NO.DRB- 4/SOR/COMPLAINT/220/2024-25 VIDE ANNEXURE-A PASSED BY THE RESPONDENT NO.2 RELEGATING THE PARTIES TO WORK OUT THEIR REMEDIES BEFORE THE PENDING SUIT IN O.S. NO.362/2025, BEFORE THE LEARNED ADDL. CIVIL JUDE AND JMFC, HASSAN IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC:24841 WP No. 19649 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of certiorari to set aside the direction at Annexure-'A' dated 26.06.2025. 2. It is noticed that in terms of Bye-law 10(o) of the Bye-laws of Karnataka State primary School Teachers Association (R), in the event of any vacancy, the District Association is directed to proceed further to fill the same after obtaining permission from Karnataka State Primary School Teachers Association (R) [State Body]. Though certain action was taken by respondent No.4 which is the admitted position, respondent No.4 had not taken permission from the State Body. 3. The memo filed by respondent No.3 State Body reads as follows:- - 4 - HC-KAR NC: 2025:KHC:24841 WP No. 19649 of 2025 "That the respondent No.3 in the above Petition shall call for its State Executive Meeting on July 20th, 2025 to consider the representation submitted by Respondent No.4 seeking permission to fill up vacancy to the President post at Respondent No.4, Hassan District Committee, in accordance with 10(o) of the bye-laws. In view of the same Writ Petition may be disposed of and the impugned order at Annexure-A of Writ Petition directing to hold elections will not arise. Hence, the same may be taken on record, in the interest of justice and equity." 4. It is further submitted that the State Body would indeed consider the request made by respondent No.3 on 05.03.2025 in accordance with the Bye-laws and the law. 5. Learned counsel for the petitioner submits that the legal grievance would stand addressed if procedure as per Bye-law is followed. 6. In light of such stand by both sides, Annexures-'A' and 'E' are set aside. All action taken by the respondent No.4 to give effect to Bye-law 10(o) with respect to the representation which still has not received - 5 - HC-KAR NC: 2025:KHC:24841 WP No. 19649 of 2025 the approval of the State Body will also have no legal standing and is set aside. 7. Needless to state that the filling up of the vacant posts would have to continue only after the State body takes a decision in its executive meeting on 25.07.2025 and further process would be strictly in accordance with law and the Bye-laws. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR