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2025 DAILYLAW 68879 (KAR)

SHIVANNA v. THE STATE OF KARNATAKA

WP/18277/2025 · 2025-12-15

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53345 WP No. 18277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 18277 OF 2025 (CS-EL/M) BETWEEN: SHIVANNA S/O LATE BASAPPA, AGED ABOUT 66 YEARS, DELIGATEE OF HEBBALAKUPPE CREDIT CO-OPERATIVE SOCIETY LTD., HEBBALUKUPPE, KASABA HOBLI, H D KOTE TALUK, MYSURU DISTRICT-571114 SR. CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. SANDESH T.B., ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, AMBEDKAR VEEDHI, BENGALURU REPRESENTED BY ITS PRINCIPLE SECRETARY. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY. 3. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES HUNSURU SOUB DIVISION, HUNSURU TALUK, MYSURU DISTRICT-571105 4. HEBBALUKUPPE PRIMARY AGRICULTURE Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53345 WP No. 18277 of 2025 CREDIT CO OPERATIVE SOCIETIES LTD HEBBALUKUPPE, KASABA HOBLI, H D KOTE TALUK, MYSURU DISTRICT-571114 REPRESENTED BY ITS CEO., 5. MYSURU AND CHAMARAJANAGAR DISTRICT CO OPERATIVE BANK LTD NEHARU CIRCLE, ASHOOKA ROAD, MYSURU - 570 001 REPRESENTED BY ITS CEO. 6. THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD, MYSURU - 570 001 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 6 SRI. A. DEVARAJ, ADVOCATE FOR R2 SRI. V.R. SARATHY, ADVOCATE FOR C/R4 (AB)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 6 TO PERMIT THE PETITIONER TO COST THEIR VOTE IN THE ELECTION OF THE R-5 BANK WHICH IS SCHEDULE TO BE HELD ON 26.06.2025. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus, directing - 3 - HC-KAR NC: 2025:KHC:53345 WP No. 18277 of 2025 respondent Nos.1 to 6 to permit him to cast his vote in the election, which was scheduled to be held on 26.06.2025 for respondent No.5-Bank. 2. As per order dated 25.06.2025, even though no interim order was granted permitting the petitioner to cast his vote in the election, the same was held to be subject to the final outcome of this writ petition. 3. Learned Additional Government Advocate submits that the election was already held and the election result is also declared. Under such circumstances, he submits that the writ petition has been rendered infructuous. 4. The petitioner has raised several grounds in the petition, which he can raise the dispute under Section 70 of the Karnataka Co-operative Societies Act before the appropriate authority by invoking the statutory remedy. Under such circumstances, I do not find any reason to keep the petition pending. 5. In view of the above, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:53345 WP No. 18277 of 2025 ORDER i) The petition is dismissed as having become infructuous. ii) The petitioner is at liberty to raise the dispute under Section 70 of the KCS Act, before the appropriate authority, in accordance with law, within ten days from the date of receipt of the copy of this order. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 3