THE STATE OF KARNATAKA v. THE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD.,
WA/1196/2025 · 2025-08-06
C M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71405 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71405 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30555-DB WA No. 1196 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1196 OF 2025 (CS-EL/M) BETWEEN:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, BENGALURU-560 001, REPT. BY ITS SECRETARY.
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560 052.
3.
THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC, A BLOCK, K H ROAD, SHANTINAGAR, BENGALURU-560 027.
REPT. BY ITS SECRETARY.
4.
THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT-571 125.
5.
THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANTARSANTE H.D KOTE, MYSURU DISTRICT-571 125, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.
Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30555-DB WA No. 1196 of 2025
6.
THE VOTER LIST SCRUTINY OFFICER ALSO CDO, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANTARSANTE H D KOTE, MYSURU DISTRICT-571 125, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …APPELLANTS
(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI S.H RAGHAVENDRA, AGA)
AND:
THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANTARSANTE H D KOTE, MYSURU DISTRICT-571 125, REPT. BY ITS PRESIDENT, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) ALLOW THIS WRIT APPEAL, b)SET ASIDE THE IMPUGNED ORDER DATED 01/02/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.658/2025 AND c)PASS SUCH OTHER
ORDER/ORDERS.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
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HC-KAR NC: 2025:KHC:30555-DB WA No. 1196 of 2025
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the affidavit filed in support of application -IA No.1/2025, the same is allowed. The delay of 132 days in filing the appeal is condoned.
2. The appellants-State has filed the present appeal against an order dated 01.02.2025, passed by the learned Single Judge in Writ Petition No. 658/2025 captioned The Primary Agricultural Credit Co-Operative Society Ltd v. State of Karnataka and others.
3. In terms of the said order, the Returning Officer [respondent No. 5] was directed to continue the process of Election and complete the same. The Court had also found that there was dereliction of duty on the part of the Election Officer and the Returning Officer, and accordingly imposed costs of Rs.50,000/- each. The appellants have set out an explanation for the said delay.
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HC-KAR NC: 2025:KHC:30555-DB WA No. 1196 of 2025
4. The learned Additional Advocate General appearing for the appellants submits that the election has been conducted and requests that the costs be waived off.
5. In view of the above, we consider apposite to waive off the costs as imposed by the learned Single Judge.
6. The learned counsel for appellants states that the appellants do not have any grievance against any other directions issued by the learned Single Judge. In view of the above, no further orders are required to be passed. The appeal is disposed of
7. Pending applications, if any, stand disposed of.
SD/- (VIBHU BAKHRU) CHIEF JUSTICE
SD/- (C M JOSHI) JUDGE
tsn* List No.: 1 Sl No.: 29