- 1 - HC-KAR NC: 2025:KHC-D:13427 WP No. 104380 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104380 OF 2025 (CS-RES) BETWEEN: 1. SHRI LAXMIDEVI PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT MANTUR TALUK: MUDHOL DIST. BAGALKOT 587313 REPRESENTED BY CHIEF EXECUTIVE OFFICER KISHTAPPA BASAPPA RAGHA 2. HOLABASHWESHWARA PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT ALAGUNDI B K TALUK: MUDHOL, DIST BAGALKOT 587313 REPRESENTED BY CHEIF EXECUTIVE OFFICER SIDDAPPA BASAPPA CHIPPALAKATTI 3. SRI SIDDRAMESHWARA PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT BIDARI TALUK: MUDHOL DISTRICT BAGLAKOT-587313 REPRESENTED BY CHEIF EXECUTIVE OFFICER SACHIN BHIMAPPA KORADDI …PETITIONERS (BY SRI. HARSHA DESAI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF COPERATION VIDHANA SOUDHA Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13427 WP No. 104380 of 2025 BENGALURU 01 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BAGALKOT DIST. BAGALKOT 587313 3. THE MUDHOL TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LIMITED, MUDHOL REPRESENTED BY CHEIF EXECUTIVE OFFICER-587313 4. THE RETURNING OFFICER THE MUDHOL TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LIMITED MUDHOL 587313 5. THE CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS COMMISSIONER 3RD FLOOR, A BLOCK, K H ROAD, SHANTINAGAR TTMC BENGALURU 560027. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI., AGA FOR R1, R2 AND R4; SRI. K.S. PATIL., ADVOCATE FOR R3; SRI. G.V. BHARAMAGOUDAR., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 28 A (3)(I)(II)(III) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, IS ULTRA VIRUS AND AGAINST THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY 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:13427 WP No. 104380 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ of appropriate nature to declare that Section 28 A(3)(i)(ii)(iii) of the Karnataka Co- operative Societies Act, is ultra virus and against the Constitution of India, in the interest of justice and equity. b. Issue a writ of appropriate nature to declare that Section 28 A(3)(i)(ii)(iii) of the Karnataka Co- operative Societies Act is not applicable to Secondary Societies, in the interest of justice and equity. c. Issue a writ in the nature of Certiorari quashing the impugned order dated 24.4.2025 passed by the R2 (Deputy Registrar) produced at Annexure-C, in the ends of justice and equity. d. Issue a writ in the nature of certiorari and struck down the amended bye-law, clause No. 46 (b) of the bye law of the 3rd respondent Society produced as Annexure-D dated 25.9.2023 in the ends of justice and equity. 2. A memo dated 25.09.2025 has been filed and signed by petitioner No.1, petitioner No.3 and learned counsel for petitioner, which reads as under; - 4 - HC-KAR NC: 2025:KHC-D:13427 WP No. 104380 of 2025 Memo for withdrawal The petitioners submits as under; That the petitioners are not willing to pursue the matter in view of changed circumstances. Hence, the petitioners may be permitted to withdraw the writ petition with liberty to pursue other remedies in the ends of justice and equity. 3. Accepting the said memo and submission of learned counsel for the petitioners, the petition is dismissed as withdrawn. 4. In lieu of the withdrawal of the above petition, the interim order granted stands dissolved. The Election Authority is directed to continue the election from the stage it was interrupted by following the necessary procedure. 5. In view of dismissal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 0