Single bench advice sought from High Court to stay an order declaring void a secretary election in a co-operative society and direct KAT to constitute a bench for interim application pending appeal.
Court requested KAT to constitute appropriate bench for interim application and stay precipitative action on impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.2218 OF 2021 (GM-KSR)
BETWEEN :
KANIYARA SEVA SAMAJA (REGD) HEAD OFFICE NO.74/2 KANIYARA COLONY 10TH CROSS, 2ND MAIN ROAD CHAMARAJPET BENGALURU-560 018
REPRESENTED BY ITS PRESIDENT SRI. PRASANNAKUMAR S/O LATE RACHAIAH AGED ABOUT 50 YEARS
AND SECRETARY SRI. M. RAJU S/O MAHADEVA AGED ABOUT 60 YEARS …PETITIONER
(BY SHRI. N.R. NAIK, ADVOCATE OF M/S. N.R. NAIK AND ASSOCIATES)
[THROUGH VIDEO CONFERENCE]
AND :
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BENGALURU-560 003 ... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.11.2020, WHICH IS PRODUCED AND MARKED AS ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri N.R.Naik, learned advocate for petitioner and Smt.Niloufer Akbar, learned AGA for the State.
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Member, no interim orders have been passed. Hence, he prayed that this Court may stay the operation of Annexure-J and direct the KAT to pass orders on the interim application pending consideration of the appeal. In support of the submission, he placed reliance on the judgment of this Court reported in ILR 1990 KAR 3721 (A.S.Kupparaju Vs. General Secretary, Raju Kshatriya Welfare Association).
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application for interim direction, no precipitative action shall be taken pursuant to Annexure-J.
No costs.
Sd/JUDGE
Yn.
1 issue framed by the court
Whether to stay the order of the Deputy Registrar of Co-operative Societies declaring the election void and direct the Karnataka Appellate Tribunal to constitute a bench for interim application.
Colour shows how this judgement treated each authority
A.S. Kupparaju Vs. General Secretary, Raju Kshatriya Welfare AssociationReferred¶26
ILR 1990 KAR 3721, A.S.Kupparaju Vs. General Secretary, Raju Kshatriya Welfare Association · Who else cites this
2 provisions across 2 enactments
Kaniyara Seva Samaja, Regd
State of Karnataka
Societies Registering Authority
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
