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2025 DAILYLAW 34867 (KAR)

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

WP/29658/2024 · 2025-02-05

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:5321 WP No. 29658 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.29658 OF 2024 (CS-EL/M) BETWEEN: VASUDEVARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. VASUDEVARAHALLI VILLAGE TIPTUR TALUK, TUMKURU DISTRICT, REPRESENTED BY PRESIDENT B.M. UDAYA KUMAR S/O. MALINGAPPA AGED ABOUT 56 YEARS. (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCITIES ACT, 1959). ... PETITIONER (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKARA VEEDHI, BENGALURU-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER DISTRICT ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5321 WP No. 29658 of 2024 4. RETURNING OFFICER, TUMUKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD. B.H. ROAD, MALLASANDRA-572107 REP. BY MANAGING DIRECTOR. 5. TUMUKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., B.H. ROAD, MALLASANDRA-572107 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959). ... RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI A.C. BALARAJ, ADVOCATE FOR R-5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT ISSUED BY THE R-5 DATED 09.10.2024 PRODUCED AT ANNEXURE-E; DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE ELECTION TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 10.11.2024. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following prayers: “(i) Issue a writ in the nature of certiorari quashing endorsement issued by the respondent No.5 dated 09/10/2024 produced at Annexure–E. - 3 - NC: 2025:KHC:5321 WP No. 29658 of 2024 (ii) Issue a writ of mandamus directing the respondent No.2 to 5 to include the name of the petitioners in the eligible voters list and permit the petitioner to cast their votes in the election to the respondent No.5 which is schedule to be held on 10/11/2024 in the interest of justice and equity. (iii) Such other direction or order writ as may deem fit to this Hon’ble court may kindly be issued.” 2. The election has been conducted and the results have been announced. Liberty is reserved to the aggrieved party to approach the authority by filing election petition under Section 70 of the Karnataka Co-operative Societies Act, 1959. All contentions are left open including the eligibility and the ineligibility of the voters list to be urged before the appropriate authority. Sd/- _______________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 0