This writ petition sought a mandate to appoint an election officer for a cooperative society whose term expired in 2018. The court directed the Assistant Registrar to conduct elections.
Directed Respondent No.7 to conduct elections for the petitioner Society as expeditiously as possible.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.48204 OF 2018 (CS-EL/M)
BETWEEN:
Digitally signed by H K HEMA Location: High Court of Karnataka
…PETITIONERS
(BY SRI B.V. OMPRAKASH, ADVOCATE)
AND:
BANGALORE-560 027.
…RESPONDENTS
(BY SRI SIDHARTH, AGA FOR R.1, R.2, R.4 TO R.7; SRI KESHAVA REDDY, ADVOCATE FOR R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO APPOINT THE ELECTION OFFICER TO PETITIONER SOCIETY TO CONDUCT THE GOVERNING COUNCIL MEMBERS/DIRECTORS ELECTIONS AS PER THE PETITIONER'S REPRESENTATION DATED 29.05.2018 ANNEXURE-C AND REPRESENTATION DATED 28.07.2018 ANNEXURE-D AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
their obligations under the provisions of the Act. The petitioners are agreeable for the same. Hence, the following:
ORDER
i. Respondent No.7 is hereby directed to do the needful and conduct elections to the petitioner No.1 - Society in accordance with law as expeditiously as possible and petitioner No.1 - Society shall co-operate for the same.
SD/JUDGE
VMB
1 issue framed by the court
Whether the High Court should direct the Respondents to appoint an election officer for the petitioner Society.
2 provisions across 2 enactments
Sri Radhakrishna House Building Co-Operative Society Ltd.
The Secretary, The Co-operation Department, Government of Karnataka
The Registrar, The Co-operative Department
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
