MINIKERE DODDI MILK PRODUCERS CO-OP SOCIETY LTD v. THE STATE OF KARNATAKA
WP/14641/2025 · 2025-07-11
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70924 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70924 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25503 WP No. 14641 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14641 OF 2025 (CS-EL/M) BETWEEN:
1.
MINIKERE DODDI MILK PRODUCERS CO-OP SOCIETY LTD., MINIKERE DODDI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160.
REPTED BY ITS CHIEF EXECUTIVE OFFICER.
2.
THE PRESIDENT, MINIKERE DODDI MILK PRODUCERS CO-OP SOCIETY LTD., MINIKERE DODDI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. …PETITIONERS (BY SRI. ANAND P.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R AMBEDKAR VEEDHI BENGALURU-560 001.
REPTED BY ITS PRINCIPAL SECRETARY.
2.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB-DIVISION,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25503 WP No. 14641 of 2025
RAMANAGARA WARD NO.30, MALLESWARAM EXTENSION, BEHIND MALLESWARA TEMPLE, IJURU, RAMANGARA-562 162.
3.
THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BENGALURU-560 027, REPRESENTED BY ITS SECRETARY.
4.
THE DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU-560 009.
5.
THE RETURNING OFFICER, BENGALURU CO-OPERATIVE MILK SOCIETIES UNION LTD., AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (UBCELL), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, BENGALURU-560 052.
6.
THE BENGALURU URBAN, RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK SOCIETIES UNION LTD., DR.M.H.MARIGOWDA ROAD, D.R.COLLEGE POST, BENGALURU-560 029 REPRESENTED BY ITS MANAGING DIRECTOR.
(REGISTERED UNDER KCS ACT, 1959) …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR AAG, A/W SRI. YOGESH D. NAIK AGA FOR R1, R2 R4 AND R5 SRI. B.L. SANJEEV.,ADVOCATE FOR R6 SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3)
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HC-KAR NC: 2025:KHC:25503 WP No. 14641 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO. BAMUL/SHE.THAM-A.CHU/265/2024-25 DATED.
06.05.2025 ISSUED BY R-6 VIDE ANNX-P AND ETC.
THIS PETITION, COMING ON FOR ORDERS, 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: ''i. Issue a writ of certiorari quashing the endorsement dated 08/05/2025 bearing No.BAMUL/SHE.TAM- A.CHU/265/2024-25 dated 06.05.2025 issued by Respondent No.6 vide Annexure-P. ii. Issue a writ of mandamus directing the Respondent nos.3 to 6 to permit the representative of petitioner No.1 i.e., the petitioner No.2 to cast his vote as delegate in the ensuing election of respondent No.6 scheduled on 25.05.2025. iii. Pass such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued. ''
2. The term of the petitioner-society having expired on March 2022, elections were scheduled on 21.04.2022 and thereafter five elected directors out of ten directors resigned, resulting in appointment of Special Officer vide
order dated 26.02.2024. Subsequently, elections were
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HC-KAR NC: 2025:KHC:25503 WP No. 14641 of 2025
held on 29.04.2025 by the Special Officer, elections of the President and Vice President was held on 08.05.2025. In the meeting held on 11.05.2025, the delegates were nominated for the election to the respondent No.5-Milk union. The said delegation was rejected by respondent No.4, on the ground that the last date for submitting the delegation form was 06.05.2025, the delegation having been submitted belatedly on 11.05.2025 could not be accepted. By interim order dated 25.05.2025, this Court had permitted the petitioner to vote at the said election which was scheduled on 25.05.2025 by keeping the vote of the petitioner in a separate ballot box, in pursuance of which the petitioner has voted.
3. Considering that the delay in submitting the delegation form was solely on account of the delay in holding the election to the society and the subsequent elections to the post of the President and Vice President and thereafter the meeting was held and nomination was submitted. There being no other disqualification of the Society from participating in the election process, I am of the considered
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HC-KAR NC: 2025:KHC:25503 WP No. 14641 of 2025
opinion that the delay in submitting the delegation form of two days would be required to be condoned, the same not having any material impact on the elections. By virtue of the interim order, the petitioner being permitted to vote at the election, the vote cast by the petitioner would have to be counted and election results announced.
4. As such, I pass the following:
ORDER
1. Writ petition is partly allowed.
2. Since the delegation form has already been accepted and petitioner has been permitted to vote, the said vote shall be counted and the results be announced as expeditiously as possible preferably within a period of seven days from date of receipt of certified copy of the Order. SD/- (SURAJ GOVINDARAJ) JUDGE
RL List No.: 1 Sl No.:24.6