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High Court of Karnataka · body

2025 DAILYLAW 34264 (KAR)

SRI. AMARESH v. THE STATE OF KARNATAKA

WP/25268/2023 · 2025-01-15

K S Hemalekha

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1365 WP No. 25268 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 25268 OF 2023 (CS-RES) BETWEEN: 1. SRI. AMARESH S/O KEMPANNA AGED ABOUT 41 YEARS 2. SRI VENKATESHAPA R S/O LATE RAMAKRISHNAPPA AGED ABOUT 55 YEARS 3. SRI VENKATESHAPPA M V S/O DODDA VENKATARAYAPPA AGED ABOUT 58 YEARS 4. SRI KRISHNAPPA K S/O LATE KEMPANNA AGED ABOUT 65 YEARS 5. SRI ESHWARAPPA M B S/O LATE BYRAPPA AGED ABOUT 53 YEARS 6. SRI SRINIVAS M S/O MUNIVENKATAPPA AGED ABOUT 50 YEARS Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1365 WP No. 25268 of 2023 7. SRI DYAVAPPA S/O LATE NARAYANAPPA AGED ABOUT 70 YEARS 8. SRI AMARESH S/O CHIKKA PILLAMMA AGED ABOUT 38 YEARS 9. SRI AMARNATH M S S/O SRIRAMAPPA AGED ABOUT 30 YEARS 10. SRI DEVAPPA S/O NARAYANAPPA AGED ABOUT 47 YEARS 11. SMT SNEHA W/O ANANDA REDDY AGED ABOUT 34 YEARS ALL ARE ELECTED MEMBERS OF THE MYLAPURA MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. MYLAPURA, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 563 125 …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001 - 3 - NC: 2025:KHC:1365 WP No. 25268 of 2023 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGARA, TTMC, A BLOCK, KH ROAD, SHANTHINAGAR BENGALURU - 560 027 3. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 563 125 4. THE MYLAPURA MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. MYLAPURA, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125 BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 5. THE RETURNING OFFICER/ ASSISTANT COMMISSIONER OF MYLAPURA CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD. MYLAPURA, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125. 6. SRI. MANJUNATH GOWDA SON OF GOPALA GOWDA, AGED ABOUT 45 YEARS, 7. SRI M G MANJUNATH SON OF GOPALKRISHNA, AGED ABOUT 43 YEARS, 8. SRI. GOPALA REDDY SON VENKATARAYAPPA, AGED ABOUT 40 YEARS, - 4 - NC: 2025:KHC:1365 WP No. 25268 of 2023 9. SRI. G CHANNAPPA SON OF LATE GOPALAPPA, AGED ABOUT 70 YEARS, 10. SRI. M.S NAGESH SON OF SUBBANNA, AGED ABOUT 42 YEARS, 11. SRI MUNIREDDY M N SON OF LATE NAREPPA, AGED ABOUT 52 YEARS, 12. SRI RAMANJAPPA V SON OF LATE VENKATARAYAPPA, AGED ABOUT 58 YEARS, 13. SRI NARASIMAHAPPA SON OF MUNIKADIRAPPA, AGED ABOUT 56 YEARS, 14. SRI RAMANJINAPPA SON OF LATE ASHWATHAPPA, AGED ABOUT 46 YEARS, 15. SRI MANJUNATH M SON O MUNIAPPA, AGED ABOUT 45 YEARS, 16. SMT SHYLAMMA WIFE OF RAMESH AGED ABOUT 41 YEARS, 17. SMT. NETRAVATHI WIFE OF VENUGOPAL AGED ABOUT 38 YEARS, - 5 - NC: 2025:KHC:1365 WP No. 25268 of 2023 18. SRI. ANJAPPA M V SON OF VENKATAPPA AGED ABOUT 50 YEARS RESPONDENTS 6 TO 18 ARE R/AT MYLAPURA VILLAGE, KAIVARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA - 563 125. …RESPONDENTS (BY SRI.DEVIPRASAD SHETTY, FOR C/R6 TO R16 IN CP.NO.15009/2023 (VK FILED ONLY IN R10 R6, R7 AND R15; SRI. SIDHARTH BABURAO, AGA FOR R1, R3 AND R5, SRI. T.L.KIRAN KUMAR, ADV. FOR R2; R4, R17 AND R18 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 14.09.2023 ON IA FILED U/S 71(3) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 IN CASE NO.A.R.C.B.DHAVA NO.01/2023-24 PASSED BY THE R3 VIDE ANNEXURE-E AND DIRECT THE R2 AND 5 TO CONDUCT THE ELECTION OF OFFICE BEARERS TO THE R4 SOCIETY FORTHWITH BY RESCHEDULING THE DATE OF MEETING AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC:1365 WP No. 25268 of 2023 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners files a memo which reads as under: “MEMO The top noted petition has become infructuous as the elections to the office bearers of the respondent No.4 society is held. The interim order passed by the ARCS Chikkaballapur do not survive for consideration. Hence the top noted petition may kindly be dismissed as having become infructuous, in the interest of justice. " 2. Memo is taken on record. 3. In view of the memo filed, the petition is dismissed as having become infructuous. Sd/- (JUSTICE K.S. HEMALEKHA) KG List No.: 1 Sl No.: 7