Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34215 WP No. 19995 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19995 OF 2025 (GM-KSR) BETWEEN:
1. SRI. SREERAMULU NAIK S/O GOPAL NAIK AGED ABOUT 77 YEARS EX-PRESIDENT OF TALUK BANJARA (LAMBANI) SEVA SANGHA (R) RESIDENT OF AKKIRAMPURA KORTAGERE TALUK TUMKURU DISTRICT - 572 101. 2. SRI SHANKAR B S/O BHEEM NAIK AGED ABOUT 60 YEARS EX-SECRETARY OF TALUK BANJARA (LAMBANI) SEVA SANGHA (R) RESIDENT OF SEVALAL BUILDING GIRINAGARA NEW EXTENSION THIMMAIAH LAYOUT KYATHASANDRA LAYOUT KYATHASANDRA, TUMKURU DISTRICT. …PETITIONERS (BY SRI. N R NAIK.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY CO-OPERATIVE SOCIETY DEPARTMENT
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34215 WP No. 19995 of 2025
VIDHANA SOUDHA, BANGALORE -560001. 2. THE DISTRICT REGISTRAR MINI VIDHANA SOUDHA DEPARTMENT OF CO-OP., SOCIETY TUMKUR DISTRICT - 572 101. 3. THE ELECTION OFFICER / RETURNING OFFICER REPRESENTED BY ASSISATNT DIRECTOR OF COOPERATIVE SOCIETY TUMKUR DISTRICT. 4. THE SECRETARY TALUK BANJARA (LAMBANI) SEVA SANGHA (R) 7TH CROSS VINAYAKA NAGARA MUDALAPANNE KORATAGERE-572129 TUMKURU DISTRICT. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 AND R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENT TO HOLD THE ELECTION OF 4TH RESPONDENT SANGHA AND WHATEVER AFFAIRS CONDUCTED BY THE AD-HOCK COMMITTEE OF 4TH
RESPONDENT SANGHA IS DECLARED AS NULL AND VOID OF THE RESOLUTIONS DATED 06.11.2024 AND DATED 23.03.2025 WHICH ARE PRODUCED AT ANNEXURE-B AND E.
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HC-KAR NC: 2025:KHC:34215 WP No. 19995 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MR.
JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioners who assert that they are members of the fourth respondent [a Society], have sought for relief which reads as under:
"To issue writ of mandamus directing the 2nd and 3rd respondent to hold the election of 4th respondent sangha and whatever affairs conducted by the Ad-hoc Committee of 4th respondent sangha is declared as null and void of the resolutions dated 06.11.2024 and dated 23.03.2025 which are produced at Annexure-B and E."
Sri N R Naik, the learned counsel for the petitioners, submits that this Court must intervene to issue directions in the terms as afore because of certain complaints and proceedings against the petitioner. However, Sri N R Naik cannot dispute that elections to the fourth respondent's Executive Committee has been conducted recently in the month
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HC-KAR NC: 2025:KHC:34215 WP No. 19995 of 2025
of March 2025 and that the tenure of this Committee will be for a period of five years. Sri Rahul Cariappa, a learned Additional Government Advocate, who is called upon to accept notice for the first and second respondents, submits that if the petitioners have any cause against the manner in which the elections are held, they must necessarily avail remedy as is permissible in law and there would be no occasion for interference in the present writ petition. This Court finds overwhelming force in this submission, and therefore the petition stands disposed of subject to all just exceptions. Sd/- (B M SHYAM PRASAD) JUDGE
AN/-