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2025 DAILYLAW 37784 (KAR)

RUKMANNA S/O SHANKAR JUNJAWADKAR v. THE STATE OF KARNATAKA

WP/107098/2025 · 2025-09-23

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12995 WP No. 107098 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107098 OF 2025 (CS-EL/M) between: RUKMANNA S/O SHANKAR JUNJAWADKAR AGED 57 YEARS, OCC. AGRICULTURE R/O. KHAIRWAD VILLAGE, POST. BEKWAD, TQ. KHANAPUR-591302, DIST. BELAGAVI. …PETITIONER (BY SRI. F.V. PATIL, ADVOCATE) and: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPARTMENT OF COOPERATION M.S.BUILDING, 6TH FLOOR, BENGALURU-560001. 2. THE COOPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES THE OFFICE OF DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, 1ST FLOOR, COOPERATIVE ADMINISTRATION BUILDING, OPPOSITE KHB HERITAGE, JAKKERI HONDA, BELAGAVI-590001. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12995 WP No. 107098 of 2025 4. THE DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BELAGAVI-590001. 5. THE RETURNING OFFICER & COOPERATIVE DEVELOPMENT OFFICER KHANAPUR, THE KHANAPUR TALUKA VAKKALUTANA HUTTUVALI MARATA SAHAKARI SANGHA, NANDGAD, TQ: KHANAPUR, DIST:BELAGAVI-590001. 6. THE KHANAPUR TALUKA VAKKALUTANA HUTTUVALI MARATA SAHAKARI SANGHA, REPRESENTED BY IT’S SECRETARY NANDGAD, TQ: KHANAPUR, DIST: BELAGAVI-590001. 7. SHRI ARAVIND C. PATIL THE CHAIRMAN OF THE KHANAPUR TALUKA VAKKALUTANA HUTTUVALI MARATA SAHAKARI SANGHA, NANDGAD, TQ: KHANAPUR, DIST: BELAGAVI-590001. …RESPONDENT (BY SRI. RAMESH B.CHIGARI, AGA FOR R1, R3 TO R5; SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R2; NOTICE TO R6 AND R7 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT IN THE NATURE OF MANDAMUS/DIRECTION RESTRAINING THE 7TH RESPONDENT FROM CONTESTING THE ELECTION TO THE COMMITTEE OF THE MANAGEMENT OF THE 6TH RESPONDENT SOCIETY SCHEDULED TO BE HELD ON 12.10.2025 AS PER CALENDAR OF EVENTS VIDE ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE SUCH OTHER - 3 - HC-KAR NC: 2025:KHC-D:12995 WP No. 107098 of 2025 SUITABLE ORDER/S OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondent Nos.1 and 3 to 5. Sri Bharamagouda, learned counsel, accepts notice for Respondent No.2. Notice to Respondent Nos.6 and 7 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: A) Issue writ in the nature of mandamus/direction restraining the 7th respondent from contesting the election to the committee of the management of the 6th respondent society scheduled to be held on 12.10.2025 as per calendar of events vide Annexure-B in the interest of justice and equity. B) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:12995 WP No. 107098 of 2025 3. The petitioner essentially seeks disqualification of Respondent No.7 under Section 29(C) of the Karnataka Co-operative Societies Act, 1959. 4. Upon enquiry, the learned counsel for the petitioner admits that no complaint has been filed by the petitioner before the Registrar of Co-operative Societies. 5. In view of the above, liberty is reserved to the petitioner to file an appropriate complaint before the Registrar, who shall consider the same in accordance with law. Consequently, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT: UMD/List No.: 5 Sl No.: 19