Allowed

Sri. Purushothama H H v. State of Karnataka

Karnataka HC19 Dec 2023WP/23452/2023

Case brief

AI extract

What is this about?

Writ petition challenging the calendar of events for cooperative society elections. Court allowed petition, directing Returning Officer to continue elections per the challenged calendar based on amended bye-laws operative for the upcoming election term.

What did the court decide?

Directing Respondent No.3 to continue election process in terms of the calendar of events dated 13.10.2023 and complete elections.

Sri. Purushothama H H Vs State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:46315 WP No. 23452 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 23452 OF 2023 (CS-EL/M)

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BETWEEN:

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SRI. PURUSHOTHAMA H H S/O HALAPPA GOWDA, AGED ABOUT 54 YEARS, R/AT HALUGUDDE VILLAGE, HOSANAGARA TALUK SHIVAMOGGA DISTRICT-577426 ELECTED MEMBER, HOSANAGARA TALUK, VOKKALIGARA SANGHA (R) SHIVAMOGGA.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SRI.H.Y RAJESH S/O YUVARAJAPPA GOWDA, AGED ABOUT 41 YEARS, R/AT HALUGUDDE VILLAGE, HOSANAGARA TALUK SHIVAMOGGA DISTRICT-577426 ELECTED MEMBER, HOSANAGARA TALUK, VOKKALIGARA SANGHA (R) SHIVAMOGGA.

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(BY SRI. BHARGAV G., ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA REP BY REGISTRAR OF SOCIETIES, ALI ASKAR ROAD, BENGALURU-560001.

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THE DISTRICT REGISTRAR AND DY REGISTRAR OF CO-OPERATIVE SOCIETIES 1ST FLOOR, SAHAKARA BHAVAN, RTO ROAD, SHIVAMOGGA-577201.

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2 - NC: 2023:KHC:46315 WP No. 23452 of 2023

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THE RETURNING OFFICER SAGARA ROAD, RIPPONPETE, HOSANAGARA TALUK, SHIVAMOGGA-577426.

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HOSANAGARA TALUK VOKKALIGARA SANGHA (R) OFFICE AT SAGARA ROAD, RIPPANPETE, HOSANAGARA TALUK, SHIVAMOGGA DISTIRCT-577426. REGISTERED UNDER CO-OPERATIVE ACT

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…RESPONDENTS

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(BY SRI.SIDDHARTH BABURAO., AGA FOR R1 & R2 SRI MOHAMMED TAHIR, ADVOCATE FOR R4 R3 IS SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CALENDAR OF EVENTS AT ANNEXURE-A DATED 13/10/2023, ISSUED BY THE R3 / RETURNING OFFICER HEREIN AND ETC.

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

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ORDER

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The present writ petition is filed seeking for the following reliefs:

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i) Issue Writ of Certiorari or such other appropriate Writ or Orders quashing the Calendar of Events at Annexure-A dated 13.10.2023, issued by the Respondent No.3/Returning Officer herein;

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2) Alternatively, issue writ of mandamus directing the respondent Nos.1 and 2 to continue with the present elected directors in accordance with the provisions of the bye-law.

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3 - NC: 2023:KHC:46315 WP No. 23452 of 2023

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It is the contention of the Petitioner that the term of office bearers of Respondent No.4 - Society is for a period of one year which was subsequently increased to five years. That the elections to Respondent No.4 having been held on 04.09.2022 and the term of office being five years, the action of Respondent No.3 in issuing the calendar of events dated 13.10.2023 for holding the elections is liable to be interfered with.

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This Court vide interim order dated 25.10.2023 had granted interim stay of the elections that was scheduled to be held on 29.10.2023.

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I.A.1/2023 has been filed by Respondent No.4 seeking for vacating stay.

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It is the contention of learned counsel for Respondent No.4 that the term of office of the board Respondent No.4 was one year as per its bye-laws and thereafter the bye-laws of Respondent No.4 was amended vide amendment dated 13.07.2023 whereunder the term of office was increased to five years. It is further submitted that the said amendment would be prospective in nature and consequent to the elections that

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NC: 2023:KHC:46315 WP No. 23452 of 2023

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is scheduled to be held pursuant to the calendar of events dated 13.10.2023, the elected body would have a term of five years and the term of office of the body elected consequent to the elections dated 04.09.2022 would be one year.

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It is clear from the aforementioned, that the amendment increasing the term of office to five years was effected vide amendment dated 13.07.2023. Hence, the same would be operative for the term of the board that would be elected consequent to the elections to be held pursuant to the calendar of events dated 13.10.2023.

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Having regard to the aforementioned, the present Writ Petition is disposed of by directing Respondent No.3 – Returning Officer to continue with the election process in terms of the calendar of events dated 13.10.2023 and issue fresh calendar of events to continue the elections from the stage where the same has stopped and complete the said elections process in accordance with law.

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SD/JUDGE

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List No.: 1 Sl No.: 18

Sri. Purushothama H H v. State of Karnataka

Case brief

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Sri. Purushothama H H v. State of Karnataka

Case brief

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