Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28664 WP No. 21232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21232 OF 2025 (GM-KSR) BETWEEN:
1.
VENKATESH BABU C AGED ABOUT 56 YEARS S/O A CHANDRACHAR R/AT NO. 4TH, 5TH MAIN SAMPANGI RAMA NAGAR BENGALURU KARNATAKA 560 027.
2.
MAHADEV P AGED ABOUT 55 YEARS S/O LATE PUTTIAH R/AT NO.83, 2ND CROSS NEAR GKW BUS STOP VIJAY NAGAR, BENGALURU KARNATAKA 560 040 …PETITIONERS (BY SRI. BANNIKATTI DEEPAK., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING, BANGALORE REPRESENTED BY ITS PRICNIPAL SECRETARY 560 001.
2.
THE REGISTRAR OF SOCIETEIS ALI ASKER ROAD REGISTERED UNDER KARNATAKA Digitally signed by PRAKASH N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:28664 WP No. 21232 of 2025 SOCIETIES REIGSTRATION ACT 1960 BANGALORE 560 052 REP BY ITS REGISTRAR.
3.
THE STATE COOPERATIVE ELECTION AUTHORITY 3RD FLOOR TTMC A BLOCK SHANTINAGAR BUS STAND DOUBLE ROAD REPRESENTED BY ITS SECRETARY BENGALURU 560 027.
4.
THE REGISTRAR OF SOCIETIES AND ELECTION OFFICER REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960 STATE CO OPERATIE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K H RAOD, SHANTI NAGAR BENGALURU 560 027.
5.
ADMINISTRATOR ALANKAR PEARL PLAZA SHOP OWNER'S ASSOCIATION REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960 ASSISTANT REGISTRAR OF CO OPERATIE SOCIETIES 4TH ZONE, BENGALURU URBAN DISTRICT.
6.
ALANKAR PEARL PLAZA SHOP OWNERS ASSOCIATION REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960 OFFICE AT NO. 166 AND 167 KEMPLEGOWDA ROAD BENGALURU 560 009.
7. MURALIDHAR ELECTION OFFICER ALANKAR PLAZA SHOP OWNERS ASSOCIATION,
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HC-KAR NC: 2025:KHC:28664 WP No. 21232 of 2025 NO. 23, ALANKAR PLAZA KEMPEGOWDA ROAD BENGALURU 560 009. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R1 TO R4;
SRI. VENUGOPAL M S, ADVOCATE FOR R5 & R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CALENDAR OF EVENTS OF ELECTION DTD 2.07.2025 ISSUED BY THE R-7 ANX-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER
The petitioner has sought for issuance of writ in the nature of certiorari to quash the Calendar of Events dated 02.07.2025 and certain other reliefs have been sought including setting aside the Final Voters List.
2. It is the case of the petitioners that there have been frequent representations for revision of Voters List and elections held without the representatives of all of the shops in
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HC-KAR NC: 2025:KHC:28664 WP No. 21232 of 2025 the said Alankar Pearl Shopping Plaza would not be proper election.
3. Learned counsel appearing for the 5th respondent Administrator submits that the Administrator was constrained not to admit any new members after his appointment.
4. Learned counsel for petitioners submits that though there are 560 members, but the present list contains only 360 members. It is submitted that such large scale deletion in the Voters list would cause serious prejudice in the democratic functioning of the association.
5. Taking note that election is scheduled to be held on 29.07.2025, it would not be appropriate at this stage to defer holding of election noticing that Administrator has been in office since 2021 by intervening in the present proceedings.
6. Needless to state, once the new management takes charge, the grievance of the petitioners is necessarily to be taken note of. The Administrator before transfer of power to the newly elected Body may make entry in the records of the association regarding orders passed on this day.
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HC-KAR NC: 2025:KHC:28664 WP No. 21232 of 2025
7. Accordingly, the petition is disposed off. Notice to unserved respondents is waived. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE NP