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2025 DAILYLAW 57803 (KAR)

A P GUNASHEKAR v. THE STATE OF KARNATAKA

WP/832/2025 · 2025-07-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25998 WP No. 832 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 832 OF 2025 (CS-RES) BETWEEN: 1. A.P. GUNASHEKAR S/O PALANINATHAN, AGED ABOUT 62 YEARS, PRESIDENT, THE BANGALORE MOTOR OWNERS CONSUMERS CO-OPERATIVE SOCIETY LTD., NO.36, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BENGALURU - 560 018. 2. ARVIND A S/O LATE APPAJI, AGED BOUT 52 YEARS, DIRECTOR, THE BANGALORE MOTOR OWNERS CONSUMERS CO-OPERATIVE SOCIETY LTD., NO.36, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BENGALURU - 560 018. 3. D.J. BHUVANESH S/O LATE D.C. JAYASHANKARIAH, AGED ABOUT 65 YEARS, DIRECTOR, THE BANGALORE MOTOR OWNERS CONSUMERS CO-OPERATIVE SOCIETY LTD., N0. 36, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BENGALURU - 560 018. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25998 WP No. 832 of 2025 4. R. VENKATESH, S/O LATE RAMASWAMY, AGED ABOUT 70 YEARS, DIRECTOR, THE BANGALORE MOTOR OWNERS CONSUMERS CO-OPERATIVE SOCIETY LTD., NO. 36, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BENGALURU - 560 018. …PETITIONERS (BY SRI. MAHAMAD TAHIR A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING , BANGALORE, REP. BY ITS PRINCIPAL SECRETARY. 2. THE ADDITIONAL REGISTRAR AND CO-OPERATIVE SOCIETY, (MARKETING AND CONSUMER) ALI ASKAR ROAD, BANGALORE - 560 052. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY BANGALORE DIVISION, SAHAKARA SOUDHA, N0.146, 3RD FLOOR, 3RD MAIN, 8TH CROSS, MAHGOSA ROAD, MALLESHWARAM, BANGALORE - 560 003. 4. THE BANGALORE MOTOR OWNERS CONSUMERS CO- OPERATIVE SOCIETY LTD., NO.36, PAMPAMAHAKAVI ROAD, - 3 - HC-KAR NC: 2025:KHC:25998 WP No. 832 of 2025 CHAMRAJPET, BENGALURU - 560 018. REPRESENTED BY ITS CEO/ SECRETARY. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …RESPONDENTS (BY SRI. RAVI M.M, ADVOCATE FOR C/R4; SRI. YOGESH D. NAIK, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING BEARING NO. JRB/DAVA/29-C/01/24-25 DATED 25.11.2024 PASSED BY RESPONDENT NO.3 AUTHORITY VIDE ANNEXURE - H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "(a) A writ in the nature of certiorari or order quashing bearing No.JRB/DAVA/29-C/01/2024-25 dated 25.11.2024 passed by Respondent No.3 Authority vide Annexure-H. (b) A writ in the nature of certiorari or order quashing order dated 24.12.2024 in Appeal No.ANI(B&MA/D3/DAP/02/24-25 passed by the - 4 - HC-KAR NC: 2025:KHC:25998 WP No. 832 of 2025 Respondent No.2 Appellate Authority vide Annexure-K. (c) Such other writ or order as direction as deemed fit as circumstances of the case including an order for Costs." 2. What is challenged is the disqualification order passed under Section 29 (c) of the Karnataka Co-operative Society Act, 1959. Petitioner has approached this Court on account of interim order has not been granted by respondent No.2. This Court had granted an interim order on 16.01.2025 staying the order of disqualification. 3. Since the appeal is still pending, I am of the considered opinion that in addition to extending the interim order granted by this Court, a direction could be issued to dispose of the pending appeal. As such, I pass the following: ORDER i) The petition is disposed of. ii) Interim order dated 16.01.2025 is extended till the disposal of the appeal pending on the file of respondent No.2 in terms of Annexure-K. - 5 - HC-KAR NC: 2025:KHC:25998 WP No. 832 of 2025 iii) Respondent No.2 is directed to dispose of the said appeal as early as possible. SD/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 2 Sl No.: 12 CT: BHK