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2025 DAILYLAW 91172 (KAR)

SRI. CHANDRA, v. THE STATE OF KARNATAKA,

WP/15954/2025 · 2025-11-10

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45613 WP No. 15954 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 15954 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. CHANDRA, S/O. MARAPPA, AGED ABOUT 45 YEARS, MAGANOORU VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571430 2. BILLAIAH, S/O. BILLAIAH, AGED ABOUT 68 YEARS KONDAVADI VILLAGE, MAGANOORU VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571430 3. SMT. PREMA, W/O. CHOWDAPPA, AGED ABOUT 56 YEARS KOREGOLA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571430 4. SRI. K.M. VENKATAGOWDA, S/O. MARIGOWDA, AGED ABOUT 62 YEARS, KOREGALA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-572101 5. SRI. SIDDEGOWDA, S/O. CHIKKA MALLA @ BOMMARASEGOWDA, AGED ABOUT 56 YEARS, KOREGALA VILLAGE, MALAVALLI TALUK, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45613 WP No. 15954 of 2025 MANDYA DISTRICT-572101 PETITIONERS NO.1 TO 5 ARE DIRECTORS OF RESPONDENT NO.8 SOCIETY PETITIONERS HEREIN DO NOT CLAIM BENEFIT UNDER SENIOR CITIZENSHIP …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS ADDITIONAL SECRETARY-3 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC, A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI-ASKAR ROAD BENGALURU - 560 052 4. THE DEPUTY REGISTRAR/DISTRICT ELECTION OFFICER OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA - 571 401 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB DIVISION, MANDYA - 571 401 6. CO-OPERATIVE DEVELOPMENT OFFICER MALAVALLI TALUK, MANDYA DISTRICT-571430 - 3 - HC-KAR NC: 2025:KHC:45613 WP No. 15954 of 2025 7. PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD., SHETTAHALLI VILLAGE, KIRUGAVALU HOBLI - 572 101 MALAVALLI TALUK, MANDYA DISTRICT, REPRESENTED BY ITS ADMINISTRATOR REG UNDER SOCIETIES REGISTRATION ACT 1959 8. PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD., SHETTAHALLI VILLAGE, KIRUGAVALU HOBLI - 572 101 MALAVALLI TALUK, MANDYA DISTRICT, REPRESENTED BY ITS SECRETARY REG UNDER SOCIETIES REGISTRATION ACT 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 TO 7 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. T. NATARAJ, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH THE ORDER DATED 21.04.2025 IN NO. AR39/ELECTION/AANE/PR-10/2025-2023 PASSED BY THE R5 VIDE ANNEXURE -H. AND QUASHING THE ORDER DATED 30/5/2025 IN NO.CO 34 CLM 2024 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-K. AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 4 - HC-KAR NC: 2025:KHC:45613 WP No. 15954 of 2025 ORAL ORDER The petitioners have approached this Court, seeking issuance of writ in the nature of Certiorari, to quash the order dated 21.04.2025 passed by respondent No.5, produced as per Annexure-H, the order dated 30.05.2025 passed by respondent No.1, produced as per Annexure-K, to direct the respondents to continue the present or existing Board till holding of fresh election to respondent No.8 and not to take any penal action against the petitioners as contemplated under Section 22-B of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'). 2. It is the grievance of the petitioners and respondent No.8 that, even though an Administrator was appointed as per order dated 21.04.2025-Annexure-H, he has not taken any action to conduct the election till date. In the meantime, Annexure-H dated 30.05.2025 came to be passed. 3. Learned Additional Government Advocate, on instructions, submits that respondent Nos.3 to 5 undertake to conduct election to respondent No.8-Society within three months from today. - 5 - HC-KAR NC: 2025:KHC:45613 WP No. 15954 of 2025 4. Learned counsel for the petitioners has no objection to record the said undertaking and dispose off the matter. Accordingly, I proceed to pass the following: ORDER (i) The petition is disposed off. (ii) Respondents No.3 to 5 are directed to hold election for respondent No.8-Society, within three months from today. In view of disposal of the main petition, pending I.A.No.2/2025 also stands disposed off. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 12