Disposed

Sundara Murthy v. the District Registrar and Deputy Registrar

Karnataka HC12 Jul 2024WP/4561/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition praying to exclude invalid members from an association election and seek consideration of a representation. Court directed Respondent No.1 to decide the representation.

What did the court decide?

Directions issued to Respondent No.1 to consider and pass appropriate orders on the petitioner's representation dated 06.02.2024 within two weeks after hearing.

Sundara Murthy Vs the District Registrar and Deputy Registrar — Election Law | Karnataka HC (2024)

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NC: 2024:KHC:26889 WP No. 4561 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.4561 OF 2024 (GM-KSR)

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BETWEEN:

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SUNDARA MURTHY, S/O LATE G R RANGASWAMY, SENIOR CITIZEN AGE BENEFIT NOT CLAIMED, AGED ABOUT 65 YEARS, MEMBERSHIP NO.A.28, NO.88, 20TH CROSS, 2ND MAIN ROAD, JAYANAGARA, MYSURU 570 014.

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…PETITIONER

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(BY SRI. SANDESH T B., ADVOCATE)

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AND:

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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THE DISTRICT REGISTRAR AND DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU 570 001.

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SHARADA VILASA EDUCATION INSTITUTIONS REG SHARADA VILASA COLLEGE ROAD, KRISHNAMURTHYPURAM, MYSURU 570 004, REP BY ITS SECRETARY, (THE ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960)

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THE RETURNING OFFICER, SHARADA VILASA EDUCATION INSTITUTIONS REG, SHARADA VILASA COLLEGE ROAD, KRISHNAMURTHYPURAM, MYSURU 570 004.

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SRI M N NAGABHUSHANA, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.A.61, NO.304, III FLOOR, B BLOCK, MYTHRI ENCLAVE, KANTHARAJE URS ROAD, SARASWATHIPURAM, MYSORE 570 009.

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DR VASUKI K R, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.A-62, NO.14/A, BANASIRI, 2ND CROSS, SHARAD NAGAR, RAILWAY LAYOUT, BOGADI MYSORE 570 026.

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DR RASHMI, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.A-63, NO.525, 16TH CROSS, AI BLOCK, VIJAYANAGAR III STAGE, MYSORE 570 017.

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SRI Y R RAMESH, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.A-64, PRINCIPAL, NO.172, 24TH MAIN, II STAGE, D BLOCK, J P NAGAR- 570 031.

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SRI R ANANTHARAMU, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.A-65, ORIENTAL INSURANCE CO, MIG 825, KUVEMPUNAGAR- 570 032.

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DR MAHESH SHENOY, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-66. NO.1143/A, CH 1/A, GEETHA ROAD, CHAMARAJAPURAM, MYSORE - 570 033, PH NO.9845120007.

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SRI M LAKSHMINARAYAN, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.A-67, NO.B1, 2637, DAKSHINAKASHI APARTMENTS, 2ND MAIN, V V MOHALLA, MYSORE 570 002.

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SMT. RAMYA SUNIL, W/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-68, NO 207, 12TH MAIN, 9TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE -570 009.

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SMT VIDYA VISHNU KIRAN, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO A-69, NO 50 SEEBI NIVAS, 4TH MAIN, MARUTHI TEMPLE ROAD, KUVEMPU NAGAR, MYSURU - 570 009.

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SRI VIKRAM M N, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-70, NO.1286, ACADEMY OF MARTIAL SCIENCE 3RD CROSS, KRISHAMURTHYPURAM-570 032.

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DR SUBRAMANYA, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-71, "SUMUKHA", 367, 5TH CROSS, BOGADI II STATE (NORTH), BOGADI LAYOUT, MYSORE -570 023.

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SRI NAGABHUSHAN M K, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-72 NO.905/106, 4TH MAIN, 6TH CROSS VIDYARANYAPURAM, MYSORE-570 037.

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SRI O PRATAP KUMAR, S/O NOT KNOWN,

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AGE NOT KNOWN, MEMBERSHIP NO.A-73, HOTEL INDIRA BHAVAN, DHANVANTHRI ROAD, MYSORE -570 001.

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SRI ASHWIN SHREENIVAS D, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-74, NO 103, 6TH CROSS, ITI COLONY SARAKKI LAYOUT, J P NAGAR I PHASE, BANGALORE -560 078.

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SRI DEEPAK B V, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-75, NO.203,TOWER-4, SALARPURIYA, SATTVA ANUGRAHA, 9^TH CROSS, CAUVERY NAGAR, VIJAYANAGAR, BANGALORE - 560 070.

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DR.C. RAMESH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-76, NO.89, 3^RD MAIN 1^ST CROSS, CHIKKALASANDRA, SARVABHOUMA NAGAR, BENNGALURU - 560 061.

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DR. N SRIRAM, S/O NOT KNOWN, AGE NOT KNOWN,

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MEMBERSHIP NO.A-77, M/S BHAGAVAN PATHOLOGY LABORATORY, NO.1116, 5^TH CROSS, SHIVARAMPET, MYSORE -570 001, M NO.9845150558.

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DR.S.C SHARMA, S/O NOT KNOWN AGE NOT KNOWN MEMBERSHIP NO.A-78 NO.171, 6^TH CROSS, GANDHI NAGAR, BANGALORE - 560 009.

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SRI SHARATH BHARADWAJ C.A, S/O NOT KNOWN AGE NOT KNOWN MEMBERSHIP NO.A-79, NO.1005, 5^TH CROSS, 1^ST MAIN, SRIRAMPURA II STAGE, MYSORE-570 030.

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SRI T R SREENIVASAN, S/O NOT KNOWN AGE NOT KNOWN MEMBERSHIP NO.A-80, DIRECTOR (OPERATIONS) VINYAS INNOVATIVE TECHNOLOGIES LTD, KIADB PLOT NO 19, SURVEY NO.26 AND 273P 3^RD PHASE, KOORGALLI INDUSTRIAL AREA MYSORE - 570 018.

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SRI B N PRABHAKAR, S/O NOT KNOWN, AGE NOT KNOWN,

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MEMBERSHIP NO.A-81, NO.1402/A, POORNADRUSHTI, 1^ST CROSS C AND D BLOCK, KUVEMPUNAGAR MYSORE - 570 023.

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SRI JANAKINATH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-82 NO.166, J P NAGAR, C BLOCK, 5^TH CROSS, MYSORE - 570 031.

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SRI ANIL PADAKI, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.A-83 NO 41, J.L.B ROAD, VIDYARANYAPURAM MYSORE - 570 004.

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SMT LAKSHMI RAVI, S/O NOT KNOWN AGE NOT KNOWN MEMBERSHIP NO.B-52 NO.100, TEMPLE BELLS LAYOUT, SRIRAMPURA III STAGE, MYSORE - 570 023, P H NO 9980009692.

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SRI RAVISHANKAR M .K. S/O NOT KNOWN AGE NOT KNOWN MEMBERSHIP NO B-53, NO 801 E BLOCK VERACIOUS

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VANI VILASA APARTMENT, DODDABALLAPUR MAIN ROAD, NEW YELHANKA, BANGALORE- 560 064.

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SRI P MANJUNATH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-54, NO.7/474, 4^TH CROSS, SOUTHERN EXTENSION, KOLLEGAL - 571 440, CHAMARAJANAGAR DISTRICT.

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SRI ANANDA RAM M L, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-55, NO.76, VISHNUPRIYA, SRI RAGHAVENDRA NAGAR CHIKKA HARADANA HALLI, JAYANAGAR EXTENSION MYSORE-570 036.

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SRI HARSHA H S, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-56, NO.1634, G BLOCK, DATTAGALLI 3^RD STAGE, MYSORE-570 041.

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SRI SHANKAR M.L, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-57

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NO.1225/1, 1^ST CROSS VANI VILAS ROAD, CHAMARAJPURAM, MYSORE - 570 005, PH NO.9840171074.

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SRI M S SURESH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-58 NO.90, 3^RD MAIN, KANDAYA NAGAR 1^ST STAGE, SRIRAMPURA 2^ND STAGE, MYSORE - 570 023.

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SRI K S SURESH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-59 NO.217, 12^TH MAIN 2^ND CROSS, SARASWATHIPURAM, MYSORE - 570 009, PH NO 9449522466

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DR NARAYANA HEGDE, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-60, NO.5024, 8D MAIN, 1^ST BLOCK, DATTAGALLI, III STAGE, MYOSRE-570 039.

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DR C A PADMAPRABHU, S/O NOT KNOWN, AGE NOT KNOWN,

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MEMBERSHIP NO.B-61 NO.74, PRATHEEKSHA, 8^TH MAIN, 8^TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE - 570 009.

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SRI SRIDHAR C V, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-62 NO.783/3-A, NEW NO.775, F27 8^TH CROSS RAMANUJA ROAD, MYSORE - 570 004, PH NO 0821-2429161/9886024265

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PROF K V RAVEESHA, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-63, NO.177, 11^TH MAIN, 5^TH CROSS, SARASWATHIPURAM MYSORE - 570 009.

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DR NIRANJAN VANALLI, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-64, NO.31, KRISHNAMURTHY LAYOUT, THONACHIKOPPAL, MYSORE- 570 009, PH 9448943211.

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SRI NAGARAJAN SRINIVASAN, S/O NOT KNOWN, AGE NOT KNOWN,

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MEMBERSHIP NO.B-65, NO.56, 3^RD CROSS SOUTH ANIKETANA ROAD, KUVEMPUNAGAR, MYSORE - 570 023.

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AIR COMMDR T M SRINATH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO B-66, NO.276, 6^TH CROSS, GARDEN VILAS, NAGARBHAVI BANGALORE - 560 072.

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DR. VASANTHA R A, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-67 NO304, 21^ST MAIN, 18^TH CROSS, J P NAGAR, 2^ND STAGE, MYSORE- 570 031.

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SRI B G MOHAN KRISHNA, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-68, NO.68, "SRIVIDYA" RAJARAJESHWARI NAGAR, BEML LAYOUT, 2^ND STAGE MYSORE - 570 023, PH NO 9742287905.

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SRI MOHAN MANKALE, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-69,

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NO 92, 9^TH CROSS, NAVILU RASTE, KUVEMPUNAGAR, MYSORE- 570 023, PH NO 9845206376.

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SRI PRACHETHA, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-70 NO.1428, VISHWASHA NILAYA, 7^TH CROSS, KRISHNAMURTHYPURAM, MYSORE -570 004. PH NO 9844688622.

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SRI B V NAGESH, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-71 NO1393/3, NEW NO.CH 18/3, 1^ST FLOOR, 5^TH CROSS, KRISHNAMURTHYPURAM MYSORE - 570 004.

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SRI M.R.VENKATESH KUMAR, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-72, NO.785/160, NIVISHA NILAYA, 18TH CROSS, RAMANUJA ROAD, MYSORE -570 004 PH NO.9449704240.

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DR. S.K.PRASAD, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.B-73

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NO.130, SUDEEPA, 23^RD MAIN ROAD, B BLOCK, 3^RD STAGE, VIJAYANAGARA, MYSORE - 570 030, PH NO 9449621994.

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SRI. KANAKARAJU C, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-135 NO.92, VANASUMA, ARKAVATHY ROAD, GURURAJA LAYOUT, SIDDHARTHA NAGAR POST - 570 011.

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SRI H RAMACHANDRA C.A. S/O NOT KNOWN. AGE NOT KNOWN. MEMBERSHIP NO.C-136 HARIHARAN AND CO N.R. MOHALLA MYSORE-570 032, PH NO 9448772580.

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SRI. BRINDA D SHIVAPUJA. S/O NOT KNOWN. AGE NOT KNOWN. MEMBERSHIP NO.C-137, NO.A 220, A BLOCK, BRIGADE SYMPHONY APARTMENTS, KRS ROAD, METAGALLI, MYSORE - 570 016.

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DR BHARGAV N, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-138

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NO.95, 10^TH CROSS ROAD, 2^ND STAGE, NGEF LAYOUT, NAGARBHAVI BENGALURU - 560 072, PH NO 8951562984.

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DR ASHVINI M, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-139, NO.227, THYAGA MARGA, SIDDARTHA NAGAR, MYSORE - 570 011.

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SMT LAKHMI S, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.C-140 NO.881, BASAVESWARA ROAD MYSORE-570 042. PH NO 9686189241

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SRI SREEHARI S, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C -141 NO.002, GANGOTHRI RESIDENCY 5^TH MAIN, 10^TH CROSS, R K LAYOUT, PADMANABHA NAGAR, BSK III STAGE, BANGALORE 560 070, PH NO 9480382616.

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DR DATHARTRI A, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.C-142 NO.125, NANDANA, 2^ND MAIN,

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VIDYASHANKAR LAYOUT, MYSORE - 570042, PH NO 9986015402.

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SMT K L MANJULA, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.C-143 NO.318, SRINIVASA KRUPA, 10^TH CROSS, RAILWAY LAYOUT VIJAYANGAR II STAGE MYSORE 570 016, PH NO 9480191536.

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SRI PHANIRAJ C N, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-144 "SURABHI" NO.275 THYAGA MARGA 6^TH MAIN, 2^ND CROSS SIDDARTHA LAYOUT 1^ST STAGE, MYSORE 570 011.

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SRI GOPALAKRISHNA M S, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.C-145, NO.529/1, 6^TH CROSS, VEENESHESHANNA ROAD, K R MOHALLA, MYSORE 570 004.

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DR P G LAVANYA, S/O NOT KNOWN,

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AGED NOT KNOWN, MEMBESHIP NO.C-146 NO.275, THYAGA MARGA SIDDARTHA NAGAR MYSORE 570 011, PH NO 9448006546.

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MAJ GEN MOHAN P MUTHGIKAR, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-147, NO.1889, 6^TH MAIN, HEBBAL II STAGE, MYSORE 570 017, PH NO 7829439232/008214-2301677

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DR C N MANJUNATH, S/O NOT KNOWN, AGED NOT KNOWN, NO C-148, NO.281, 80 FEET ROAD PADMANABHA NAGAR BANGALORE 560 070.

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SMT MAMATHA S, S/O NOT KNOWN, AGED NOT KNOWN, MEMBERSHIP NO.C-149 NO.444, 6^TH CROSS, ROOPANAGAR, MYSORE 570 026.

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SRI JAGANNATHA S, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-150

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NO.1036/14, 1^ST MAIN S J H ROAD, VIDYARANYAPURAM, MYSURU 570 008.

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SRI SHIVAKUAMR M, S/O NOT KNOWN, AGE NOT KNOWN, MEMBERSHIP NO.C-151 NO.411, A AND B BLOCK NAVILU ROAD, KUVEMPU NAGAR MYSORE 570 023, 9449859108.

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…RESPONDENTS

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(BY SRI. H.N. SHASHIDHARA, SENIOR COUNSEL FOR SRI. H.S. SUHAS, ADVOCATE FOR R2 AND R3; SRI. N.B. PATIL, AGA FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

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THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTING THE RESPONDENTS TO CONDUCT THE R2 ASSOCIATION ELECTION IN ACCORDANCE WITH THE BYE-LAWS, WHICH IS SCHEDULE TO BE HELD ON 18/02/2024, EXCLUDING THE R4 TO 65 INVALID MEMBERS FROM THE FINAL LIST OF R2 ASSOCIATION VIDE ANNEXURE-J AND ETC.

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

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NC: 2024:KHC:26889 WP No. 4561 of 2024

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ORDER

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In this writ petition, the petitioner seeks following

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reliefs:

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i. "Issue a writ of mandamus directing the Respondents to conduct the Respondent No.2 Association election in accordance with the Bye-Laws, which is schedule to be held on 18.02.2024m excluding the respondent No.4 to 65 invalid members from the Final List of respondent No.2 Association vide Annexure-J.

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ii. Issue a writ of mandamus directing the respondent No.1 considering the representation dated 06.02.2024 vide Annexure-H.

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iii. Grant such other relief as deems fit in the circumstances of case and allow the writ petition with cost in the interest of justice and equity.

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Heard learned counsel for the petitioner and learned counsel for respondent Nos.2 and 3, learned AGA for respondent No.1 and perused the material on record.

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Though several contentions have been urged by both side in support of their respective claims, having

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regard to the undisputed fact that the representation at Annexure-H dated 06.02.2024 submitted by the petitioner has not been considered by the respondent No.1 - District Registrar/Deputy Registrar of Co-Operative Societies who has not taken any decisions or passed appropriate orders on the same even till today, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and proper to dispose of this petition directing the respondent No.1 to consider and pass appropriate orders/take appropriate decision on the representation at Annexure-H dated 06.02.2024 submitted by the petitioner in accordance with law after hearing the petitioner and respondent Nos.2 and 3 and providing them an opportunity in this regard within a period of two weeks from today.

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Subject to the aforesaid directions, petition stands disposed off.

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It is needless to state that, in view of the disposal of the petition, interim order passed by this Court

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NC: 2024:KHC:26889 WP No. 4561 of 2024

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does not survive any longer and the same is hereby dissolved.

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Sd/JUDGE

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ASN List No.: 1 Sl No.: 1

Sundara Murthy v. the District Registrar and Deputy Registrar

Case brief

What is this about?

What did the court decide?

Sundara Murthy v. the District Registrar and Deputy Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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