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2025 DAILYLAW 80863 (KAR)

SRI MAHENDRA C G v. STATE OF KARNATAKA

WP/19644/2025 · 2025-07-11

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25423 WP No. 19644 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. 19644 OF 2025 (CS-EL/M) BETWEEN: 1. SRI MAHENDRA C.G., S/O GOPAL KRISHNA, AGED ABOUT 41 YEARS, R/AT. C-20, BESTHARA STREAT, 2ND CROSS, WARD NO.28, HASSAN -573 201. 2. SHIVAPRAKASH H.D. S/0 DEVARAJA, AGED ABOUT 37 YEARS, R/AT. DEVAMMA TEMPLE ROAD, BESTHARA HIDI, HASSAN -573 201. …PETITIONERS (BY SRI. SATHISHA D J.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPORTMENT OF CO-OPERATION, REPRESENTED BY PRINCIPAL SECRETARY, M.S. BUILDING, BANGALORE-560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25423 WP No. 19644 of 2025 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY SECRETARY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. 3. SRI LAKSHMI FISHARAR CO-OPERATIVE SOCIETY, REPRESENTED BY SECRETARY, GANGAPARAMESHWARI CIRCLE, GANGAMATHASHTHARA BIDI, HASSAN-573 201. THE SOCIETY IS REGISTERED UNDER SECTION CO-OPERATIVE SOCIETY ACT. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, HASSAN DISTRICT, HASSAN-573 201. 5. THE ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, PUBLIC OFFICE BUILDING, NEW SAYYAJIRAO ROAD, MYSORE-570 024. 6. SRI. PUNEETH KUMAR B.S, THE RETURNING OFFICER, SRI. LAKSHMI FISHARAR CO-OPERATIVE SOCIETY, GANGAPARAMESHWARI CIRCLE, GANGAMATHASHTHARA BIDI, - 3 - HC-KAR NC: 2025:KHC:25423 WP No. 19644 of 2025 HASSAN-573 201. 7. THE DISTRICT REGISTRAR, HASSAN DISTRICT, HASSAN-573 201. 8. RAMESH H.V, S/O VENKATAPPA, AGED ABOUT 50 YEARS, R/AT. BESTHARA BIDI, 1ST CROSS, HASSAN-573 201. …RESPONDENTS (BY SRI. YOGESH D. NAIK AGA FOR R1, R4 R5 AND R7 MA NOT FILED) T.L. KIRAN KUMAR.,ADVOCATE FOR R2 (VK NOT FILED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASH THE ANNEXURE-D, IMPUGNED ELECTION NOTIFICATION AND CALENDAR OF EVENTS DATED 13/06/2025 AND ELECTION SCHEDULED FIXED 06/07/2025, BY THE 6TH RESPONDENT, TO THE EXTENT OF PETITIONERS ARE CONCERNED FOR POST OF DIRECTOR OF MANAGING COMMITTEE SRI. LAKSHMI FISHARAR OF ON 3RD RESPONDENT SOCIETY, SOCIETY, CO-OPERATIVE IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2025:KHC:25423 WP No. 19644 of 2025 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: '' 1. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the Annexure-D, Impugned election notification and calendar of events dated 13/06/2025 and election scheduled fixed on 06/07/2025, by the 6th respondent, to the extent of petitioners are concerned for post of director of managing committee of 3rd respondent society, Sri. Lakshmi Fisharar Co-Operative Society, is concerned, in the interest of justice and equity. 2. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the Annexure-K, Impugned Result of election for the post of Director dated 30/6/2025 selected of 8th respondent, by the 6th respondent, to the post of director of managing committee of 3rd respondent society, Sri.Lakshmi Fisharar Co-Operative Society, is concerned, in the interest of justice and equity. 3. Issue writ of mandamus or any other writ of like nature and direct the respondent No.7 to consider the representation dated 2/7/2025 at Annexure-L, submitted by the petitioners, in the interest of justice and equity. 4. Grant such other and further relief as this Hon'ble Court deems fit and proper under the facts circumstances of the case, in the interest of justice and equity. '' 2. Learned AGA has today produced the nomination form submitted by the petitioner indicating that the petitioner had submitted a nomination form claiming to contest in the General Category. If that be so, the averments which have been made in the present writ - 5 - HC-KAR NC: 2025:KHC:25423 WP No. 19644 of 2025 petition and the earlier submissions made which resulted in the interim order being passed on 04.07.2025 are completely unsustainable. 3. As an afterthought, the petitioners have sought to change the application which had been submitted by them, which has been suppressed by the petitioners when the writ petition was filed. 4. In that view of the matter, though this Court could take stringent action against the petitioners for misleading this Court, it refrains from doing so. No grounds being made out. Petition stands dismissed. 5. Interim order which had been passed on 04.07.2025 stands recalled. Respondents are directed to go ahead and complete the election process at the earliest. SD/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 1 Sl No.: 15