Disposed

Sri. G.S. Puttegowda v. the Secretary

Karnataka HC26 May 2023WP/19978/2015

Case brief

AI extract

What is this about?

The High Court disposed of joined writ petitions concerning elections to a cooperative agricultural society. Directing the Joint Director of Agriculture to conduct elections at State, District, and Taluka levels within six months, allowing all existing members to vote irrespective of the enhanced fee dispute. The post-election body shall decide on membership fees and dues.

What did the court decide?

Directed the Joint Director of Agriculture to hold elections to the Samaja within six months, allowing all members to vote. The elected body shall decide on membership fees and dues.

Sri. G.S. Puttegowda Vs the Secretary — Cooperative Societies | Karnataka HC (2023)

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 19978 OF 2015 (GM-KSR)

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C/W

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WRIT PETITION NO. 19946 OF 2015 (GM-KSR) WRIT PETITION NO. 20197 OF 2015 (GM-KSR) WRIT PETITION NO. 24594 OF 2015 (GM-RES) IN WP NO.19978/2015

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BETWEEN:

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SRI. G.S. PUTTEGOWDA S/O SHIVANNA @ SHIVANANJAPPA AGED ABOUT 51 YEARS R/O GOTTEGEHALLI VILLAGE & POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT.

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…PETITIONER

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(BY SRI. JAGADEESHACHARI.,ADVOCATE)

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Digitally signed by NIRMALADEVI Location: HIGH COURT OF KARNATAKA

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AND:

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THE SECRETARY AGRICULTURE DEPARTMENT M S BUILDING BANGALORE-560001

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THE OFFCIAL SECRETARY KARNATAKA PRADESHA KRISHIK SAMAJA NRUPATHUNGA ROAD BANGALORE-560002

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METI BHEEMAREDDY S/O HANUMAREDDY AGED ABOUT 39 YEARS NO.17, ARISINAGODI

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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NARAGUNDA TALUK

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GADAG DISTRICT PIN 582207.

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THIPPANNA VAGATI S/O BASAPPA AGED ABOUT 38 YEARS ARISINAGODI NARAGUNDA TALUK GADAG DISTRICT PIN 582207.

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DYAVAPPA BASAPPA VIJAPURA S/O BASAPPA AGED ABOUT 57 YEARS R/O HOSANEELARAGI SAVANUR TALUK HAVERI DISTRICT

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PANCHAKSHARA SWAMY VEERAYYA NADUVINA MATH S/O SRIVEERASWAMY R/O TEVARA MALAHALLI SAVAVUR TALUK HAVERI DISTRICT.

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…RESPONDENTS

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(BY SRI. SHIVANANDA D S, AGA FOR R1/STATE SRI SRIKANTH PATIL, ADVOCATE FOR R2 SRI M V HIREMATH, ADVOCATE FOR R4 TO R6)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ALLOW THE MEMBERS WHO PAID MEMBERSHIP FEE OF RS.555/- FOR VOTING BY WAY OF WRIT OF MANDAMUS AND ETC.

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IN WP NO. 19946/2015

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BETWEEN:

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M S LINGIAH S/O PATEL SIDDEGOWDA, AGED ABOUT 74 YEARS, MALLANAYAKAVA KATTE, DUDDA HOBLI, MANDYA

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3 - WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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C.M. NAGARAJ S/O C.M. CHENNEGOWDA, AGED ABOUT 49 YEARS, CHAMALAPURA VILLAGE, KEELARA POST, KEREGIDU HOBLI, MANDYA TQ

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K.M. RUDRESH S/O MARIGOWDA, AGED ABOUT 49 YEARS, R/O KONANAHALLI POST AND VILLAGE, MANDYA TQ, MANDYA DIST

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SUDARSHAN S/O M.G. MUDDAYYA, AGED ABOUT 52 YEARS, MAGEGODANAHALLI, KEREGODU HOBLI, MANDYA TQ.

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…PETITIONERS

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(BY SRI. DEVI PRASAD SHETTY.,ADVOCATE)

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AND:

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DISTRICT REGISTRAR OF SOCIETIES GHANDINAGAR, BANGALORE 560009

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KARNATAKA PRADESH KRISHIK SAMAJ NO.18,KRISHIK SAMAJ, NRUPATUNGA ROAD, BANGALORE 560001 BY ITS OFFICER SECRETARY

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RETURNING OFFICER/ ASSISTANT DIRECTOR OF AGRICULTURE APPOINTED FOR TALUK KRISHIK SAMAJ, MANDYA TQ, MANDYA 571401

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TALUK KRISHIK SAMAJ OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE,MANDYA TQ,

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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MANDYA DIST. 571401 BY ITS SECRETARY

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BASAVARAJ INGIN S/O SHIVARAO INGIN AGED ABOUT 75 YEARS

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NO. SHIV SHANTHI NO.1-9-28/0, KHUBA PLOT GULBARGA 585103

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…RESPONDENTS

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(BY SRI. SHIVANANDA D S, AGA FOR R1, R3 & R4 SRI SRIKANTH PATIL, ADVOCATE FOR R2 SMT MANJULA D, ADVOCATE FOR R5)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI VIDE ANN-D, DATED 30.4.2015 ISSUED BY THE R-2 AND ETC.

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IN WP NO. 20197/2015

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BETWEEN:

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V NEELESHA S/O T D VISHWANATH AGED ABOUT 56 YEARS R/O SHANKARAPURA MUTTINKOPPA POST N R PURA TALUK-577134 CHIKMAGALUR DISTRICT

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…PETITIONER

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(BY SRI. PRUTHVI WODEYAR.,ADVOCATE)

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AND:

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DISTRICT REGISTRAR OF SOCIETIES GHANDINAGAR BANGALORE-560009

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KARNATAKA PRADESH KRISHIK SAMAJ NO.18, KRISHIK SAMAJ NRUPATUNGA ROAD BANGALORE-560001 BY ITS OFFICER SECRETARY

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RETURNING OFFICER/ ASSISTANT DIRECTOR OF

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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AGRICULTURE

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APPOINTED FOR TALUK KRISHIK SAMAJ N R PURA TALUK N R PURA CHIKMAGALUR DISTRICT-577134

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TALUK KRISHIK SAMAJ OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE N R PURA TALUK, N R PURA CHIKMAGALUR DISTRICT-577134 BY ITS SECRETARY

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…RESPONDENTS

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(BY SRI.SHIVANANDA DS, AGA FOR R1, R3 & R4 SRI SRIKANTH PATIL, ADVOCATE FOR R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH HE ORDER DATED 30.4.2015 ISSUED BY THE R-2 VIDE ANN-D AND ETC.

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IN WP NO. 24594/2015

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BETWEEN:

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SRI SATHISH B S/O LATE M.S. BYANNA, AGED ABOUT 41 YEARS, R/AT NO.90, 5TH MAIN, CHINNAYANAPALYA, BANGALORE 560030

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…PETITIONER

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(BY SRI. MAHESH B J.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPT OF AGRICULTURE, M.S. BUILDING, AMBEDKAR VEEDI, BANGALORE 560001 (BY ITS SECRETARY)

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KARNATAKA PRADESH KRISHIK SAMAJ NRUPATHUNGA ROAD, BANGALORE 01 (BY ITS PRESIDENT AGRICULTURAL MINISTER)

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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KARNATAKA PRADESH KRISHIK SAMAJ NRUPATHUNGA ROAD, BANGALORE 01 (BY ITS OFFICIAL SECRETARY)

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THE RETURNING OFFICER/ASSISTANT DIRECTOR OF AGRICULTURE, APPOINTED FOR TALUK KRISHIK SAMAJA BANGALORE SOUTH, KRISHI SANKIRANA KATTADA K.R. ROAD, BANASHANKARI, BANGALORE 70

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…RESPONDENTS

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(BY SRI. SHIVANANDA D S, AGA FOR R1 & R4(STATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO HOLD AND CONDUCT FREE AND FAIR ELECTIONS TO THE R-3 SAMAJ STRICTLY IN TERMS OF THE DIRECTIONS OF THE R-2 VIDE ANN-G, DATED 30.4.2015 BY IMPLEMENTING IT, THEREBY GRANTING VOTING RIGHTS TO ALL THE EXISTING LIFE MEMBERS PRIOR TO AMENDMENT TO BYE LAW N. 73 OR IN PARTICULAR GRANT VOTING RIGHTS TO THE PETITIONER ENABLING HIM TO CAST HIS VOTE IN THE UPCOMING ELECTIONS TO THE R-3 SAMAJ IN ORDER TO SECURE THE ENDS OF JUSTICE AND EQUITY AND ETC.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The Writ Petition No.19978/2015 is filed seeking for the

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following reliefs:

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"i) Call for the records from the 2^nd Respondent relating to the Notes and Orders dated 20.04.2015 as per Annexure-D in No. PÀ¥ÀæPÀÈs¸À/ ¸ÀASÉå 969/2015-16 dated 20.4.2015 and quash the same by way of Writ of Certiorari;

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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ii) To issue directions to the Respondents No.2 to allow the members who paid membership fee of ` 555/- for voting by way of Writ of Mandamus;

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iii) To pass such other order/orders as this Hon'ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interests of justice and equity."

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The Writ Petition No.19946/2015 is filed seeking for

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the following reliefs:

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"(a) Issue a writ in the nature of certiorari Annexure D dated 30-4-2015 in KRAMASANKYA/SANKYA. 99/201516 issued by the respondent No.2.

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(b) Issue a writ in the nature of mandamus directing the respondent No.2 and 3 to hold the elections to the respondent no.4 as per the voters list published at Annexure C.

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(c) Issue such other appropriate writ, order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity."

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The Writ Petition No. 20197/2015 is filed seeking for

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the following reliefs:

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"(a) Issue a writ in the nature of certiorari quashing the order dated 30-4-2015 in KRAMASANKYA/SANKYA. 969/2015-16 issued by the respondent No.2 vide Annexure-D.

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(b) Issue a writ in the nature of mandamus directing the respondent No.2 and 3 to hold the elections to the respondent no.4 as per the voters list published at Annexure C.

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8 - WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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(c) Issue such other appropriate writ, order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity."

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The Writ Petition No.24594/2015 is filed seeking for

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the following reliefs:

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"(a) Issue an order or direction in the nature of MANDUMS directing the 4^th respondent to hold and conduct free and fair elections to the 3^rd respondent Samaj strictly in terms of the directions of the 2^nd respondent at ANNEXURE-'G', dated 30/04/2015, vide number KRAMASANKYA/SANKYA.969/2015-16, by implementing it, thereby granting voting rights to all the existing life members prior to Amendment to bye law No. 7E or in particular grant voting rights to the petitioner enabling him to cast his vote in the upcoming elections to the 3^rd respondent Samaj in order to secure the ends of justice and equity.

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(b) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case."

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Heard the Counsel for the Petitioner in WP.No.20197/2015 and 24594/2015, learned AGA for the official Respondents and learned Counsel for the Karnataka Pradesh Krishik Samaja (hereinafter referred to as the 'Samaja').

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Since in all these petitions the genesis of the dispute is the revision of Membership Fee from 110/- to 555/-

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9 - WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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by the Samaja and the subsequent decision of the President permitting all the Members to vote, they are taken up together for consideration.

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The aforementioned Writ Petitions have been filed seeking for various reliefs mentioned herein above. In the proceedings dated 30.4.2015 (produced as Annexure-D in WP.No.19978/2015) the President of the Samaja has ordered for elections to be conducted by giving an opportunity to all the Members to cast their vote. The same has been challenged in Writ Petition Nos.19978/2015, 19946/2015 and 20197/2015 and interim orders have been granted in the said Writ Petitions staying the order dated 30.04.2015. Writ Petition No.24594/2015 has been filed for a direction to hold elections to the Samaja.

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It is not in dispute that elections to the Samaja have not been held ever since 2012 and the term of the office bearers has expired. It is in the interest of the Samaja that the elections are held at the earliest, so that its activities are carried on seamlessly keeping in mind the purpose of its formation and objects. In that view of the matter, it is

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10 - WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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expedient that elections to the Samaja be held at the earliest by permitting all the Members to participate in the same, including the Members who have not paid the enhanced Membership Fee. The decision regarding the consequences of the increase of Membership Fee and the status of Members who have defaulted in paying the same be taken consequent to the elected body assuming charge after the elections.

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Bye-laws of the Samaja at Clause 10 stipulate the

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manner in which elections are to be held at the State, District and Taluka level.

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Accordingly, I pass the following:

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ORDER

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i. The Writ Petitions are disposed of with a direction to the Joint Director of Agriculture to conduct elections to the Samaja and who in turn shall be responsible to ensure that elections are conducted at the District and Taluka levels and shall communicate with the concerned officers as per the Bye-laws of the Samaja;

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WP No. 19978 of 2015 C/W WP No. 19946 of 2015 WP No. 20197 of 2015 WP No. 24594 of 2015

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ii. The process of election shall be completed within a period of six months from the date of receipt of certified copy of

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this order;

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iii. After the elections are completed, the elected body shall take a decision with regard to the Membership Fee and status of the Members who have paid /not paid the Membership Fee.

No costs

Sd/JUDGE

List No.: 1 Sl No.: 11

Sri. G.S. Puttegowda v. the Secretary

Case brief

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Sri. G.S. Puttegowda v. the Secretary

Case brief

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