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2025 DAILYLAW 44827 (KAR)

RAJSAGAR PRATHAMIK KRUSHI PATTIN v. THE STATE OF KARNATAKA

WP/107041/2025 · 2025-11-24

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16256 WP No. 107041 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107041 OF 2025 (CS-EL/M) BETWEEN: 1. RAJSAGAR PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT., TERDAL REPRESENTED BY ITS CHIEF EXECUTIVE AT: TERDAL, TQ: RABAKAVI – BANAHATTI, DIST: BAGALKOT – 587 101. 2. SAGAR S/O. DHANAPAL CHAVAJ, AGED: 57 YEARS, OCC: THE PRESIDENT, RAJSAGAR PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT., TERDAL, AT: TERDAL, TQ: RABAKAVI – BANAHATTI, DIST: BAGALKOT – 587 101. …PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING, BENGALURU PIN: 560001. 2. THE CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS SECRETARY TTMC “A” BLOCK, 3RD FLOOR, SHANTINAGAR, BENGALURU PIN: 560 027. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16256 WP No. 107041 of 2025 3. THE DEPUTY COMMISSIONER BAGALKOT AND THE RETURNING OFFICER BAGALKOT DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, BAGALKOT, AT: BAGALKOT, TQ: BAGALKOT, DIST: BAGALKOT – 587 101. 4. BAGALKOT DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED., BAGALKOT., SECTOR NO.24, NAVANAGAR, BAGALKOT, REPRESENTED BY ITS MANAGING DIRECTOR – 587 101. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION IN NO. DRBGK/FE. ELECTION / JANUARY - DECEMBER-25/ NOTIFICATION 24-25 DATED 25/02/2025 ISSUED BY THE 3RD RESPONDENT VIDE A ANNEXURE-H. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 TO PROVIDE ONE POST OF DIRECTOR FOR THE TALUK AS REPRESENTATIVE OF THE PKPS SOCIETIES IN TERDAL TALUK BY CONSIDERING THE REPRESENTATION DATED 19-07-2025 VIDE ANNEXURE-G AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16256 WP No. 107041 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: A. To Issue writ in the nature of certiorari to quash the impugned notification in no. DRBGK/FE. ELECTION / January - December-25/ notification 24-25 dated 25/02/2025 issued by the 3rd respondent vide a Annexure-H. B. To Issue writ in the nature of Mandamus directing the respondents no.3 and 4 to provide one post of director for the Taluk as representative of the PKPS societies in Terdal taluk by considering the representation dated 19-07-2025 vide Annexure-G. C. To issue any other order, directions as deems fit in the circumstances of the case. 2. The learned counsel appearing for the petitioners submits, in view of the averment in paragraph 6 of the Statement of Objections, the representation of the petitioners should merit consideration. 3. The petitioners are before this Court in the vague of 4th respondent taking steps to declare the elections and publish - 4 - HC-KAR NC: 2025:KHC-D:16256 WP No. 107041 of 2025 calendar of events of the Board of Directors without including Terdal Taluk’s representation. 4. Learned counsel for the petitioners, as observed hereinabove, submits that the case of the petitioners for consideration of the representation lies in paragraph 6 of the statement of objections. 5. Paragraph 6 of the statement of objections reads as follows. “ 6. It is further respectfully submitted that the respondent No.4 Bank would like to bring to the notice of Hon'ble Court that the name of Terdal Taluka is also required to be added as per the procedure laid down in the byelaw of the Bank, section 28 A of the Karnataka Cooperative Societies Act-1959 and Rule No-6 of Karnataka Cooperative Societies Rule 1960, in the General Body Meeting by passing a resolution with 2/3rd majority of members present in the Meeting, by dully amending the byelaw and after getting the due approval and registered by the Joint Registrar Cooperative Societies. 6. In the light of the averment in paragraph 6 of the Statement of Objections, I deem it appropriate to dispose of the writ petition with a direction to the respondent to consider the representation of the petitioners and pass necessary orders in - 5 - HC-KAR NC: 2025:KHC-D:16256 WP No. 107041 of 2025 accordance with law at any rate within four days from the date of receipt of copy of this order. It is made clear that this Court has not made any observation on the merit of the matter. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC