Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55748 (KAR)

SRI B K SHIVARAJ v. THE STATE OF KARNATAKA

WP/33805/2025 · 2025-11-11

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45919 WP No. 33805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 33805 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. B.K. SHIVARAJ, S/O D. KUNTEGOWDA, AGED ABOUT 51 YEARS, R/AT BELANGANAHALLI VILLAGE, H.D KOTE TALUK, MYSURU DISTRICT - 571 114. 2. SRI. BEERAPPA, S/O SHASHI GOWDA, AGED ABOUT 53 YEARS, R/AT KALIDASA RASTE, KASABA HOBLI, H.D KOTE TALUK, MYSURU DISTRICT-571114. 3. SRI. B.C BHAIREGOWDA, S/O CHIKKANNEGOWDA, AGED ABOUT 51 YEARS, R/AT BELAGANAHALLI VILLAGE, KASABA HOBLI, H.D KOTE TALUK, MYSURU DISTRICT-571114. 4. SMT. SHUBHAMANGALA, W/O RENUKUMAR, AGED ABOUT 50 YEARS, R/AT NO.94, WARD NO. 16, H.B ROAD, HOSPITAL BADAVANE, H.D KOTE TALUK, MYSURU DISTRICT - 571 114. 5. SRI. NAGARAJU C.K, S/O KODIGOWDA, AGED ABOUT 54 YEARS, R/AT SHANTHIPURA, H.D TALUK, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45919 WP No. 33805 of 2025 MYSURU DISTRICT -571114. 6. SRI. DEVANAYAKA, S/O RAMANAYAKA, AGED ABOUT 55 YEARS, R/AT NO.1079, RAMAMANDIRA ROAD, H.D KOTE TALUK, MYSURU DISTRICT-571114. 7. SRI. H.B CHALUVARAJU, S/O H.B BANGARASWAMI, AGED ABOUT 59 YEARS, R/AT NO.736, SIDDAPPAJI ROAD, H.D KOTE TALUK, MYSURU DISTRICT-571114. 8. SRI. PRAKASH B.K, S/O D. KUNTEGOWDA, AGED ABOUT 44 YEARS, R/AT BELAGANAHALLI VILLAGE, H.D KOTE TALUK, MYSURU DISTRICT - 571 114. 9. SMT. PREMA H.S, W/O CHANDREGOWDA, AGED ABOUT 47 YEARS, R/AT NO.73 B, SHANTHIPURA VILLAGE, H.D KOTE TALUK, MYSURU DISTRICT-571114. …PETITIONERS (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BENGALURU-560052. 3. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR - 3 - HC-KAR NC: 2025:KHC:45919 WP No. 33805 of 2025 CO-OPERATIVE SOCIETIES, MYSURU DISTRICT-571125. 4. KASABA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., H.D KOTE TALUK, MYSURU DISTRICT-571125 REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 5. SMT. RENUKA.S, W/O PARSHU MURTHY .M, AGED ABOUT 42 YEARS, THE RETURNING OFFICER KASABA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., H.D KOTE TALUK, MYSURU DISTRICT-571114, AND ALSO CO-OPERATIVE DEVELOPMENT OFFICER, T.A.P.M.S BUILDING, HUNASURU ROAD, H.D KOTE, MYSURU DISTRICT-571114. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO. 5 TO CONDUCT THE ELECTION TO THE POST OF PRESIDENT AND VICE PRESIDENT OF R4 SOCIETY, WHICH WAS PREVIOUSLY SCHEDULED TO BE HELD ON 04/11/2025 VIDE ANNEXURE-C DTD 27.10.2025 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 4 - HC-KAR NC: 2025:KHC:45919 WP No. 33805 of 2025 ORAL ORDER Heard Sri. Varun J Patil, learned counsel for the petitioners and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the materials on record. 2. It is grievance of the petitioners that even though the election to elect the President and Vice-president was scheduled to be held on 04.11.2025 at 12:00 PM as per Annexure-C, on that day the Returning Officer - respondent No.5 was absent to receive the nomination papers. Therefore, the election could not be held. The petitioners have approached this Court seeking a direction to respondent No.5 to conduct the election for the post of President and Vice-president of respondent No.4 - Society. 3. Learned Additional Government Advocate, on instructions, submits that the said election is scheduled to be held on 20.11.2025 at 12:00 noon as per notice dated 11.11.2025. Accordingly, the calendar of events is also published and submits that the election will be held. - 5 - HC-KAR NC: 2025:KHC:45919 WP No. 33805 of 2025 4. In view of the above, the petition does not survive for consideration. Accordingly, the petition is disposed off. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 7