Disposed

Smt Vijayalakshmi v. the State of Karnataka

Karnataka HC5 Feb 2021WP/2431/2021

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Articles 226 and 227 of the Constitution challenging amendments to bye-laws by a third respondent administrator. The Court directed the second respondent (Registrar) to dispose of an interim application in the pending appeal as soon as possible and maintain status quo until such disposal.

What did the court decide?

Directed the Registrar to pass orders on the interim application on the next date and consider expeditious disposal of the appeal on merits. Order to maintain status quo pending such orders.

Smt Vijayalakshmi Vs the State of Karnataka — Election Law | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.2431 OF 2021 (CS-RES)

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BETWEEN :

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SMT. VIJAYALAKSHMI W/O P. SATHYANARAYANA AGED AOUT 71 YEARS PRESIDENT SHABAL MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY LTD MIRALE HOBLI K.R.NAGAR TALUK-571 602 MYSORE DISTRICT

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SRI. M. MANJUNATH S/O LATE D. MARISWAMY AGED ABOUT 47 YEARS PRESIDENT CHINNAMBALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD BILEGERE HOBLI NANJANAGUDU TALUK-571 301 MYSORE DISTRICT

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SRI. K.B. PRABHAKAR S/O S. BORE GOWDA AGED ABOUT 65 YEARS PRESIDENT KETHUPURU MILK PRODUCERS CO-OPERATIVE SOCIETY KETHUPURU VILLAGE T.NARASHIPURA TALUK-571 110 DISTRICT MYSORE

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SRI. H. THEJASWI (THEJASVI V.H. GOWDA) S/O V.H. GOWDA AGED ABOUT 51 YEARS DIRECTOR SHIRANAHUNDI MILK PRODUCERS CO-OP SOCIETY, SHIRANAHUNDI VILLAGE ANTHARA SANTHE POST

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H.D. KOTE TALUK-571 114 …PETITIONERS

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(BY PROFESSOR. RAVI VARMA KUMAR, SENIOR CONSEL FOR SHRI. K.C. SHANTHAKUMAR, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS, AMBEDKAR VEEDI BANGALORE-560 001

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD BANGALORE-560 001

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THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES MYSORE DIVISION MYSORE-570 011

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THE MYSORE DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD MALE MADESHWAR ROAD MYSORE-570 011 BY ITS ADMINISTRATOR

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THE MYSORE DISTRICT CO-OPERATIVE MILK PRODUCERS

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SOCIETIES UNION LTD MALE MADESHWAR ROAD

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MYSORE-570 011

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REP. BY ITS MANAGING DIRECTOR

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SMT. J. SUNITA VEERAPPAGOWDA W/O VEERAPPAGOWDA AGED ABOUT 62 YEARS BANNUR

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T.NARASIPURA TALUK-571 124

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MYSORE DISTRICT ... RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3; SHRI. JAYAKUMAR S. PATIL, SENIOR CONSEL FOR SHRI. PRUTHVI WODEYAR, ADVOCATE FOR R4 & R5; SHRI. VARUN J. PATIL, ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO APPEAL NO.163/2020-21 ON THE FILE OF R2 AND DIRECT THE R-2 TO DISPOSE THE APPEAL NO.163/2020-21 AS EARLY AS POSSIBLE AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Professor Ravi Varma Kumar, learned Senior Advocate for petitioners, Smt.Niloufer Akbar, learned AGA for respondents No.1 to 3, Shri Jayakumar S.Patil, learned Senior advocate for respondents No.4 and 5 and Shri Varun J.Patil, learned advocate for respondent No.6.

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This petition is presented with a prayer inter alia to direct second respondent to dispose of appeal No.163/2020-21.

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It is submitted by Shri Ravi Varma Kumar, learned Senior Advocate that third respondent got himself appointed as an administrator of fourth respondent. Thereafter, he has amended the bye-laws. By order dated 18.09.2020 (AnnexureA), Election Commission has appointed the Returning Officer. Petitioners have challenged the amendment to bye-laws in appeal No.163/2020-21 pending before second respondent. He prayed that second respondent may be directed to dispose of the appeal at the earliest and till the disposal of appeal, third respondent may be directed not to take any precipitative action

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Shri Jayakumar Patil, learned Senior Advocate submitted that under Section 12(6) of the Karnataka Cooperative Societies Act, a Joint Registrar can amend the byelaw. He further submitted that since the statute provides for amendment, notwithstanding the contentions raised in the appeal, the election process cannot be stopped.

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Learned AGA submitted that appeal is posted for orders on 15.02.2021.

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Admittedly, the appeal is posted for pronouncement of orders on the interim application on 15.02.2021. The calendar of events have not yet been issued. In the circumstances, it is just and appropriate to direct the second respondent to pass orders on the interim application possibly on the next date of hearing and also to consider expeditious disposal of the appeal on merits. Since both parties have raised contentious issues with regard to amendment of bye-laws, which is the subject matter of appeal before second respondent, it is appropriate for the parties to maintain status quo till orders are passed on the interim application. Ordered accordingly.

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Petition is disposed of. No costs.

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Sd/JUDGE

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Yn.

Smt Vijayalakshmi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Vijayalakshmi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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