Dismissed

G T Prasanna v. the State of Karnataka

Karnataka HC28 Mar 2024RP/106/2024

Case brief

AI extract

What is this about?

Members of a co-operative society sought review of the dismissal of their writ petition after they filed a memo stating they did not press it. The court found no error apparent and dismissed the review petition, clarifying that the petitioners may still raise an election dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, with contentions left open.

What the court decided

AI extract

G T Prasanna Vs the State of Karnataka — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC:12981 RP No. 106 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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REVIEW PETITION NO. 106 OF 2024

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W.P.NO.1686 OF 2024 (CS-ELE)

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BETWEEN:

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G T PRASANNA,

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S/O THIMMEGOWDA G M, AGED ABOUT 50 YEARS,

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MEMBER, PRIMARY AGRICULTURE CREDIT

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CO-OPERATIVE SOCIETY LTD (REGD) KUDUVALLI, R/AT KELAGANE VILLAGE, CHIKKAMAGALORE TALUK, CHIKKAMAGALORE DISTRICT - 577133,

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MEMBERSHIP NO.0902, LEDGER FILE NO: GS 629.

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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GANGADHAR H.A, S/O HANNUPAJARI, AGED ABOUT 48 YEARS MEMBER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., (REGD), KUDHUVALLI R/AT HACCHADAMANE VILLAGE,

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CHIKKAMAGALORE TALUK, CHIKKAMAGALORE DISTRICT - 577 133,

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MEMBERSHIP No. 1387 LEDGER FILE No. GS 984

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…PETITIONERS

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(BY SRI H B RUDRESH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.

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2 - NC: 2024:KHC:12981 RP No. 106 of 2024

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THE STATE CO-OPERATIVE ELECTION COMMISSION, 3^RD FLOOR, TTMC A BLOCK, SHANTHI NAGAR, K H ROAD, BANGALORE - 560 027, REPRESENTED BY ITS COMMISSIONER.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1 ALI ASKER ROAD, BENGALURU - 560 001.

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THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKMAGALURU DISTRICT.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHIKAMAGALURU SUB-DIVISION, CHIKKAMAGALORE, CHICKMAGALURU DISTRICT.

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RETURNING OFFICER, SENIOR OFFICE OF THE CO-OPERATIVE SOCIETIES, OFFICE OF THE DEPUTY REGISTRAR OF

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CO-OPERATIVE SOCIETIES, CHICKMAGALURU DISTRICT, CHICKMAGALURU.

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OFFICE OF THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY (REGD), KUDHUVALLI, UNDER THE KCS ACT 1959, CHIKAMAGALURU TALUK AND DISTRICT SOCIETY REP. BY ITS SECRETARY (CEO).

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…RESPONDENTS

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(BY SRI T L KIRAN KUMAR, ADVOCATE FOR R2, SRI B J ESHWARAPPA, AGA FOR R1, R3 TO R6)

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THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO:

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(A) REVIEW THE ORDER DATED 19/02/2024 PASSED IN WRIT PETITION NO.1686/2024 VIDE ANNEXURE-A.

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(B) PASS SUCH OTHER ORDERS AS MAY BE APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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3 - NC: 2024:KHC:12981 RP No. 106 of 2024

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ORDER

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Heard learned counsel appearing for the review petitioners.

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The petition was disposed of on the basis of the memo filed by the petitioners wherein, they have stated that the petitioners do not press the writ petition. Memo was taken on record and writ petition was dismissed. Now, the review petition is filed seeking to review the order.

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This Court does not find any error apparent in the order passed which is pursuant to the memo filed by the petitioners.

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Hence, the review petition is dismissed. Dismissal of the review petition will not come in the way of the petitioners raising the election dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. All contentions are left open.

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In case the election petition is filed by anyone of the petitioners, the same shall be preferably disposed of within a

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NC: 2024:KHC:12981 RP No. 106 of 2024

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period of six months from the date of service of notice to the respondents.

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Sd/JUDGE

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BRN List No.: 1 Sl No.: 1

G T Prasanna v. the State of Karnataka

Case brief

What is this about?

What the court decided

G T Prasanna v. the State of Karnataka

Case brief

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What the court decided

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