- 1 - NC: 2025:KHC:143 WP No. 35864 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. 35864 OF 2024 (CS-EL/M) BETWEEN: 1. SRI. H. VIJAY SHETTY, AGED ABOUT 60 YEARS, S/O NARAYANA SHETTY, 1-6C, MAHIMA MANDARA NILAYA, MOODA HERANJAL, HERANJAL BAINDOOR TALUK, UDUPI DISTRICT - 576 219. 2. SMT. GOWRI DEVADIGA, AGED ABOUT 55 YEARS, W/O CHANDRASHEKHAR DEVADIGA HADIMANE UPPUNDA, BAINDOOR TALUK, UDUPI DISTRICT - 576 219. 3. SRI. SHEKHAR POOJARI, AGED ABOUT 41 YEARS, S/O VENKYA POOJARI, R/AT SADINAYANE, KULIGEMANTAPA, UPPUNDA, BAINDOOR TALUK, UDUPI DISTRICT - 576 219. …PETITIONERS (BY SRI. MAHESH KIRAN SHETTY S, ADVOCATE) Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:143 WP No. 35864 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER UDUPI, RAJATHADRI, "A" BLOCK, 1ST FLOOR, DISTRICT ADMINISTRATION OFFICE BUILDING, MANIPAL, UDUPI DISTRICT - 576 104. 4. RETURNING OFFICER, KHAMBADAKONE RAITARA SEVA SAHAKARI SANGHA(R), UPPUNDA, BAINDOOR TALUK, UDUPI DISTRICT - 576 219. 5. KHAMBADAKONE RAITARA SEVA SAHAKARI SANGHA(R), UPPUNDA, BAINDOOR TALUK, UDUPI DISTRICT - 576 219, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. REGISTERED UNDER CO-OP SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) SRI. K. PRASANNA SHETTY, ADVOCATE FOR C/R5) - 3 - NC: 2025:KHC:143 WP No. 35864 of 2024 THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH IMPUGNED ENDORSEMENT BEARING NO. DRP/U/A.MA.CHU/DU.A/07/2024-25 DATED 19.12.2024 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G AND ETC., THIS 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 Learned counsel for the petitioners submits that the petitioners have not challenged the said provisions of the Bye-laws before the Deputy Register of Co-operative Societies in Appeal No.3/2024-25 and in light of the same the petitioners does not intend to prosecute the present petition and files memo, which reads as under: "The petitioners in the above case respectfully submits that in the above writ petition, the petitioners had called in question the legality of the action of the respondents in not permitting the petitioners to contest the ongoing elections scheduled to be held on 12.01.2025. The respondent No.5 resisted the petition by entering caveat & took up the contentions that bye law of the respondent society provides voting only for members - 4 - NC: 2025:KHC:143 WP No. 35864 of 2024 with NCS registration. The petitioners have now challenged the said provisions of bye laws before the Deputy Registrar of Cooperative Societies in Appeal No.03/2024-25 and the DRCS while staying the provisions of the bye laws since it is contrary to Act has permitted the petitioners to contest the elections as per the interim order dated 04.01.2025. In view of the said development, the petitioners seek the leave of this Hon'ble court to withdraw the above petition in the interest of justice and equity." 2. Memo is taken on record. 3. In view of the memo filed, the petition stands dismissed as withdrawn. Sd/- (JUSTICE K.S. HEMALEKHA) AT List No.: 1 Sl No.: 0 CT: BHK