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2025 DAILYLAW 4095 (KAR)

SHRI. RAJKUMAR PATIL S/O SHIVAPPA PATIL v. JOINT REGISTRAR OF

WP/101242/2025 · 2025-02-18

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3302 WP No. 101242 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.101242 OF 2025 (CS-RES) BETWEEN: SHRI RAJKUMAR PATIL S/O. SHIVAPPA PATIL, AGE: 55 YEARS R/AT: BURAD GALLI, KHANAPUR – 591 302, DIST: BELAGAVI. …PETITIONER (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. JOINT REGISTRAR OF CO-OPERATIVE SOCEITIES, BELAGAVI REGION, NO.5, UDAYA BUILDING S.P.M.ROAD, SHAHAPUR, BELAGAVI – 590 001. 2. DEPUTY DIRECTOR OF CO-OPERATIVE SOCIETIES AND RETURNING OFFICER THE KHANAPUR CO-OPERATIVE BANK LTD., KHANAPUR – 591 302, DIST: BELAGAVI. 3. GENERAL MANAGER, THE KHANAPUR CO-OPERATIVE BANK LTD., KHANAPUR – 591 302, DIST: BELAGAVI. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE ELECTION HELD ON 12.01.2025 TO THE MANAGING COMMITTEE OF THE KHANAPUR CO-OPERATIVE BANK, KHANAPUR AS ILLEGAL AND VOID. ISSUE WRIT IN THE NATURE OF CERTIORARI AND THEREBY QUASH THE NOTICE DATED 11.02.2025 ISSUED BY RESPONDENT NO. 1 AT ANNEXURE G. ISSUE A WRIT IN THE NATURE OF Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3302 WP No. 101242 of 2025 MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO APPOINT AN ADMINISTRATOR TO THE KHANAPUR CO-OPERATIVE BANK LTD., KHANAPUR TILL THE FRESH ELECTIONS ARE HELD TO THE MANAGING COMMITTEE. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 AND 2 TO HOLD FRESH ELECTIONS TO THE MANAGING COMMITTEE OF KHANAPUR CO-OPERATIVE BANK LTD., KHANAPUR IN A TIME BOUND MANNER AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Heard the learned counsel Sri.Shivaprasad Shantangoudar appearing for the petitioner. 2. The petitioner calls in question the election conducted on 12.01.2025 to the Managing Committee of Khanapur Cooperative Bank to be declared as illegal and void. The reason for such declaration is the manner in which the voters list is prepared. 3. The learned counsel submits that the voters list contained the names of those persons, who had died long ago. This is one of the illustration of illegality. He would contend that this Court an extraordinary circumstance of this kind should entertain the petition and obliterate the elections and declined to accept the same and as the - 3 - NC: 2025:KHC-D:3302 WP No. 101242 of 2025 remedy available after the elections is for filing an Election Petition were all these grounds can undoubtedly be urged. The further circumstance projected by the petitioner is that the elections for President and Vice-President are still pending, even otherwise all those can be agitated before the appropriate forum/fora by instituting appropriate proceedings. 4. In that light, reserving liberty to avail of such remedy as is available in law the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 2 Sl No.: 14