Disposed

Sri. Mullanda M Aiyappa v. the State of Karnataka

Karnataka HC6 Oct 2023WP/21227/2023

Case brief

AI extract

What is this about?

Petitioners seeking writ habeas corpus relief against disqualification from a Cooperative Society before election authority. Court found elections completed, rendering interim orders unnecessary, and disposed petition while directing authority to expedite pending dispute.

What did the court decide?

Writ petition disposed; direction to respondent No.4 to consider petitioners' case as expeditiously as possible.

Sri. Mullanda M Aiyappa Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:36444 WP No. 21227 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF OCTOBER, 2023

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 21227 OF 2023 (CS-EL/M)

¶5

BETWEEN:

¶6

SRI. MULLANDA M AIYAPPA, S/O MUTHAPPA, AGED ABOUT 62 YEARS, R/AT CHERALA SRIMANGALA VILLAGE, CHETTALLI, SOMWARPET TALUK, KODAGU DISTRICT - 571 248.

¶7

(SENIOR CITIZENSHIP NOT CLAIMED)

¶8

SMT. PREMA AIYAPPA, W/O SRI. MULLANDA M. AIYAPPA, AGED ABOUT 58 YEARS, R/AT CHERALA - SRIMANGALA VILLAGE, CHETTALLI, SOMWARPET TALUK, KODAGU DISTRICT - 571 248.

¶9

Digitally signed by H K HEMA Location: High Court of Karnataka

¶10

SRI. MULLANDA A. ANJAN, S/O. MULLANDA M. AIYAPPA, AGED ABOUT 35 YEARS, R/AT CHERALA-SRIMANGALA VILLAGE, CHETTALLI, SOMWARPET TALUK, KODAGU DISTRICT - 571 248.

¶11

…PETITIONERS

¶12

(BY SRI. LEELA P. DEVADIGA, ADVOCATE)

¶13

2 - NC: 2023:KHC:36444 WP No. 21227 of 2023

¶14

AND:

¶15

THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDL. CHIEF SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETY, VIKAS SOUDHA, AMBEKDAR VEEDHI, BENGALURU - 560 001.

¶16

THE REGISTRAR, CO-OPERATIVE SOCIETY, ALI ASKAR ROAD, BANGALORE - 560 051.

¶17

THE JOINT REGISTRAR, OFFICE OF THE JOINT SECRETARY, CO-OPERATIVE SOCIETY, MYSORE DIVISION, MYSORE - 570 024.

¶18

THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, KODAGU, MADIKERI - 571 201.

¶19

THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, KODAGU, MADIKERI - 571 201.

¶20

THE CO-OPERATIVE ELECTION AUTHORITY, SHANTHI NAGAR, BANGALORE - 560 027, REPRESENTED BY IT SECRETARY.

¶21

THE RETURNING OFFICER/ ELECTION OFFICER, FOR THE ELECTION OF THE CHETTALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, SOMAWARAPETE TALUK, KODAGU DISTRICT - 571 248.

¶22

3 - NC: 2023:KHC:36444 WP No. 21227 of 2023

¶23

THE CHETTALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, SOMAWARAPETE TALUK, KODAGU DISTRICT - 571 248. REP. BY ITS CHIEF EXECUTIVE OFFICER.

¶24

SRI. BALLARANDA MANI UTHAPPA, PRESIDENT OF THE CHETTALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, SOMAWARAPETE TALUK, KODAGU DISTRICT - 571 248.

¶25

THE CHETTALLI PRIMARY AGRICULTURAL

¶26

…RESPONDENTS

¶27

(BY SRI. SIDHARTH, AGA FOR R1 TO R5 AND R7; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES AT MADIKERI TO SPEEDILY DISPOSE THE PROCEEDINGS IN DIS. NO. 2/2023 HEREIN PRODUCED AS ANNEXURE-M IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

¶29

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶30

ORDER

¶31

The petitioners are members of respondent No.8 - Co-operative Society. They were disqualified from their membership. Aggrieved by the same, they raised a dispute before respondent No.4, which is pending. They also sought for stay of the order of disqualification. The

¶32

4 - NC: 2023:KHC:36444 WP No. 21227 of 2023

¶33

same is yet to be considered by respondent No.4. As elections were announced to respondent No.8 - Society and their application for stay of disqualification was not considered by respondent No.4, the present writ petition is filed with a prayer to set aside the order of disqualification and also a direction to respondent No.4 to consider their case as expeditiously as possible. Subsequent to filing of the writ petition, elections to respondent No.8 - Society has already been completed and there is no requirement for any interim orders or for this Court to exercise its jurisdiction under Article 226 of the Constitution of India and decide as to whether the disqualification of the petitioners is appropriate or not, more so in the light of the dispute pending before the respondent No.4.

¶34

Learned AGA upon instructions submits that respondent No.4 shall consider the case of the petitioners in accordance with law as expeditiously as possible and pass appropriate orders.

¶35

¶36

NC: 2023:KHC:36444 WP No. 21227 of 2023

¶37

For the aforementioned reasons, the writ petition

¶38

is disposed of with a direction to respondent No.4 to

¶39

consider the case of the petitioners as expeditiously as possible and pass appropriate orders in accordance with law.

¶40

SD/JUDGE

¶41

MH/List No.: 3 Sl No.: 2 CT:SNN

Sri. Mullanda M Aiyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Mullanda M Aiyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chand Sahw Vs Isara Pasha

Jayanthi Vs Keshavamurthy. N

Sri Ravi K M Vs State of Karnataka

Shivanna Vs the State of Karnataka

Smt Manjushree K C Vs T N Geethalakshmi

G.Chandrashekar Vs Mohammad Noushad M.A