Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39715 (KAR)

SRI ASHWATHAIAH v. THE STATE OF KARNATAKA

WP/35439/2025 · 2025-12-01

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49917 WP No. 35439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 35439 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. ASHWATHAIAH S/O LATE BYRAPPA, AGED ABOUT 59 YEARS, DIRECTOR. 2. SRI BASAVARAJU S/O LATE HANUMAIAH, AGED ABOUT 55 YEARS, DIRECTOR 3. ANNAPOORNA BAI W/O LATE MUNNESHA NAIK AGED ABOUT 45 YEARS, PETITIONERS ARE DIRECTORS OF GANDHIGRAMA VIVIDODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKAR SANGHA NIYAMITHA, GANANAYAKANAHALLI TANDYA, GORAVANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL-562123. …PETITIONERS (BY SRI. SARAVANA .S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, M S BUILDING, DR B R AMBEDKAR VEEDHI, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49917 WP No. 35439 of 2025 BENGALURU - 560 001. 2. THE STATE CO-OP ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 560 027. REPT. BY ITS SECRETARY. 3. DEPUTY COMMISSIONER/ ELECTION OFFICER BANGALORE DISTRICT KANDHAYAM BHAVAN, BANGALORE - 560 001 4. RETURNING OFFICER (ELECTION BENGALURU DISTRICT CENTRAL CO-OP BANK REGISTERED OFFICE AT NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU-560018 5. THE ASSISTANT REGISTRAR OF CO OP SOCIETIES DODDABALLAPURA SUB DIVISIONAL OFFICERS OFFICE, DODDABALLAPURA, BENGALURU RURAL - 561203. 6. SRI HANUMANTHARAJU CHIEF EXECUTIVE OFFICER, GANDHIGRAMA VIVIDODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKR SANGHA NIYAMITHA GANANAYAKANAHALLI TANDYA GORAVANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL - 562 123. 7. SRI VEERAMAREGOWDA S/O LATE CHANNAMAREGOWDA, AGED ABOUT 65 YEARS EX- PRESIDENT/ DIRECTOR GANDHIGRAMA VIVIDODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKAR SANGHA NIYAMITHA GANANAYAKANAHALLI TANDYA GORAVANAHALLI VILLAGE, - 3 - HC-KAR NC: 2025:KHC:49917 WP No. 35439 of 2025 KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL - 562 123. 8. GANDHIGRAMA VIVIDODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKAR SANGHA NIYAMITHA GANANAYAKANAHALLI TANDYA GORAVANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL - 562 123. BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED CO-OP SOCIETY. 9. BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK REPT. BY ITS MANAGING DIRECTOR HAVING THEIR REGISTERED OFFICE AT NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU 560018. BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED CO OPERATIVE SOCIETY. …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, R3-5 SRI. A. DEVARAJ, ADVOCATE FOR R2 (VK NOT FILED) (ABSENT) SRI. T. DADAKHALANDAR, ADVOCATE FOR C/R7 & R6 R8 & 9 IS D/W V/O DT.1/12/2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO DECLARE THAT NO VALID MEETING OR RESOLUTION WAS HELD FOR ELECTION OF DELEGATE OF 8TH RESPONDENT SOCIETY AS REQUIRED UNDER THE BYE-LAWS AND KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. AND FURTHER DIRECT RESPONDENT NO.1 TO 4 AND 9 NOT TO RECOGNIZE RESPONDENT NO.7 AS DELEGATE OF THE 8TH RESPONDENT SOCIETY FOR PURPOSE OF ELECTIONS TO 9TH RESPONDENT BDCC BANK SCHEDULED ON COPY AT THE ELECTION NOTIFICATION 07.12.2025 COPY OF THE ELECTION NOTIFICATION - 4 - HC-KAR NC: 2025:KHC:49917 WP No. 35439 of 2025 DTD.7/7/25 (BERJ:- S. SING C.R./3/25-26) AS PER ANNEXURE-A1. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for respondent Nos.6 and 7 and Learned Additional Government Advocate for respondent Nos.1, 3 to 5 submit that pursuant to the order dated 26.11.2025, the Board held a meting on 28.11.2025 and appointed respondent No.7 as a Delegate to represent the Society in the election to be held for respondent No.9 on 07.12.2025. 2. This fact is not disputed by learned counsel for the petitioners, rather, he admitted the same. The only grievance raised by the learned counsel for the petitioners is that, simply because a subsequent meeting was held and respondent No.7 is appointed as a Delegate, respondents shall not be absolved of criminal actions that may be instituted by the petitioners. 3. Submissions are placed on record. - 5 - HC-KAR NC: 2025:KHC:49917 WP No. 35439 of 2025 4. In view of the said submissions, the petition is disposed off as the same has rendered infructuous. In view of the subsequent developments, it is made clear that disposal of the writ petition will not automatically absolve the respondents from any criminal liability, for which they may be held responsible in accordance with law. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 9