Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10770 WP No. 32597 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32597 OF 2024 (CS-RES) BETWEEN:
1.
2.
3.
4.
SRI B VEERABHADRAPPA S/O K N BASAVANNA AGED ABOUT 55 YEARS MEMBER AALAGOODU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, HELAVARAHUNDI T NARASIPURA TALUK MYSORE DISTRICT 571124
SRI. MADAPPA S/O LATE RAMALINGAPPA AGED ABOUT 70 YEARS MEMBER PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., HEGGADADEVANA KOTE-571114.
SRI.S. SIDDDEGOWDA S/O G. SIDDEGOWDA AGED ABOUT 58 YEARS MEMBER JAYAPURA LARGE SCALE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MYSORE TALUK, MYSORE-57
SRI. S. SHIVANAGAPPA S/O SHIVAPPA AGED ABOUT 60 YEARS MEMBER SOMAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., SOMAHALLI, GUNDLUPETE TALUK, CHAMRAJANAGAR DISTRICT-571109.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10770 WP No. 32597 of 2024
5.
GOPALARAJE URS S/O LATE K.V. DEVERAJE URS 63 YEARS MEMBER JOMPANAHALLI-CHINNAPPARAPALYA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., H.D. KOTE TALUK, MYSORE-571114. …PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, BANGALORE 560001 REP BY ITS PRINCIPAL SECRETARY
2.
THE STATE CO OPERATIVE ELECTION AAUTHORITY 3RD FLOOR, BMTC ‘A’ BLOCK K H RAOD SHANTHINGAR BANGALROE 560027 REP BY ITS SECRETARY
3.
REGISTRAR OF CO OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD. BANGALORE-560052.
4.
JOINT REGISTSRSAR OF CO OPEARATIVE SOCIETIES MYSORE DIVISION PUBLIC OFFICE BUILDING NEW SAYYAJI RAO ROAD MYSORE-570024.
5.
DEPTUY COMMISSIONER/DISTRICT ELECTION OFFICER MYSORE DISTRICT MYSORE-570001.
6.
ASSISTANT COMMISSIONER/RETURNING OFFICER MYSORE SUB DIVISION MYSORE DISTRICT.
7.
MYSORE CHAMARAJANAGAR DISTRICT CENTRAL CO OPERATIVE BANK LTD.
NEHARU NAGAR, ASHOKA ROAD
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NC: 2025:KHC:10770 WP No. 32597 of 2024
MYSORE-570001.
REP BY ITS ADMINISTRATOR REGISTERED UNDER KCS ACT, 1959.
…RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3 TO R7;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R-1 TO 6 TO HOLD ELECTIONS FOR THE MANAGING COMMITTEE OF THE PRIMARY SOCIETIES IN WHICH PETITIONERS ARE MEMBERS AND ALSO FOR SUCH OTHER PRIMARY SOCIETIES WHOSE TERM IS COMPLETED IN ACCORDANCE WITH THE PROVISIONS OF KARNATAKA CO OPERATIVE SOCIETIES ACT FORTHWITH AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ in nature of mandamus directing the respondents No. 1 to 6 to hold elections for the managing committee of the Primary societies in which petitioners are members and also for such other primary societies whose term is completed in accordance with the provisions of Karnataka Co- operative societies Act forthwith;
ii. Direct the respondents No. 1 to 6 to hold elections for the managing committee of the seventh Respondent bank only after holding elections for all its primary societies whose term is completed and;
iii. Grant such other relief/s as deems fit by this Hon’ble Court considering the
facts and circumstances of the case including the costs, in the interest of justice and equity. - 4 -
NC: 2025:KHC:10770 WP No. 32597 of 2024
2. The grievance of the petitioners who are members of different societies as indicated in the cause title above is that elections have not been held to these Primary Societies. 3. Learned AGA has filed a memo dated 13.3.2025, he submits that; 3.1 The elections in respect of Alagoodu Primary Agricultural Credit Co-operative Society Limited of which the Petitioner No.1 is a member has already been held on 08.03.2025 and the result has also been declared. 3.2 Insofar as the Primary Co-operative Agricultural & Rural Development Bank Ltd., of which petitioner No.2 is a member, he submits that the Defaulters list is being prepared and given 70 days’ time elections would be held. 3.3 Insofar as Jayapura Large Scale Agricultural Credit Co-operative Society Ltd., of which petitioner No.3 is a member, he submits that elections have been held on 23.02.2025 but
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NC: 2025:KHC:10770 WP No. 32597 of 2024
results have not been announced due to the pendency of WP No.5233 of 2025 and WP No.5206 of 2025. His submission is that once necessary orders are passed in those matters, the results will be announced. His submission is placed on record. 3.4 As regards Somanahalli Milk Producers Co- operative Society Ltd., of which petitioner No.4 is a member, he submits that calendar of events has been issued and an election is proposed to be held on 01.04.2025. His submission is placed on record. 3.5 As regards Chinnapparalya Milk Producers Co- operative Society Ltd., of which petitioner No.5 is a member, he submits that no action has been taken by the Managing Committee for preparing the list of ineligible voters in terms of Rule 13 (2D) of the Karnataka Co-operative Societies Rules,
1960. As such an Administrator has been appointed and now the
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NC: 2025:KHC:10770 WP No. 32597 of 2024
Administrator will take up these works and will hold the elections as per the time frame fixed under the Rules. 4. The second prayer which has been sought for by the Petitioners is not to hold elections to Respondent No.7- Mysore Chamarajanagar District Central Co-Operative Bank Ltd., the Hon’ble Division Bench of this Court being seized of the matter in WA No.1333 of 2024.
Liberty is reserved to the Petitioners to approach the Division Bench, if deemed fit by the petitioners. 5. The above submission of learned AGA in respect of all the above societies answers the first grievance of the petitioner. Placing the said submissions on record, directing the respondents to comply with the above submissions in the time frame prescribed under the Rules. The petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 8