The State of Karnataka Vs the Primary Agricultural Credit Co. Operative Society Ltd. — Karnataka HC (2025) — LawSathi Research

The State of Karnataka Vs the Primary Agricultural Credit Co. Operative Society Ltd. — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 132 days in filing the appeal condoned (IA No.1/2025 allowed); costs of Rs.50,000/- each imposed by the learned Single Judge on the Election Officer and the Returning Officer waived; appeal disposed of with no further orders; pending applications, if any, disposed of.

Issue for consideration

Whether the writ appeal should be allowed and the impugned order dated 01/02/2025 passed by the learned Single Judge in W.P. No. 658/2025 set aside. +1 more

Court's answer

As the appellants state that they have no grievance against any other directions issued by the learned Single Judge, no further orders are required to be passed and the appeal is disposed of.

Ratio / Principle

Application IA No.1/2025 is allowed and the delay of 132 days in filing the appeal is condoned, on the reasons stated in the supporting affidavit.

Key takeaways

In view of the Additional Advocate General's intimation that the election has been conducted, the costs imposed by the learned Single Judge are waived off.ratio¶5

Detailed headnote1 paragraphs

Writ Appeal No. 1196 of 2025 (CS-EL/M), filed under Section 4 of the Karnataka High Court Act by the State of Karnataka (Department of Co-operation), the Registrar of Co-operative Societies, the State Co-operative Election Authority, the District Election Officer/Deputy Registrar, the Returning Officer and the Voter List Scrutiny Officer/CDO of the Primary Agricultural Credit Co-operative Society Ltd., Antarsante (H D Kote, Mysuru District), against the order dated 01.02.2025 of a learned Single Judge in W.P. No. 658/2025 ('The Primary Agricultural Credit Co-Operative Society Ltd v. State of Karnataka and others'). The Single Judge had directed the Returning Officer (respondent No. 5) to continue and complete the election process and had found dereliction of duty on the part of the Election Officer and the Returning Officer, imposing costs of Rs.50,000/- each. Bench: Chief Justice Vibhu Bakhru and Justice C M Joshi (oral judgment per the Chief Justice); decision dated 06.08.2025. The delay of 132 days in filing the appeal was condoned (application IA No.1/2025 allowed). As the Additional Advocate General reported that the election had been conducted and sought waiver of the costs, the Division Bench waived the costs, noted the appellants had no grievance against the remaining directions of the Single Judge, and disposed of the appeal without further orders; pending applications, if any, stand disposed of. No precedents were cited and no statute provisions beyond the enabling Section 4 and the registering statute (Karnataka Co-operative Societies Act, 1959) were engaged.

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NC: 2025:KHC:30555-DB WA No. 1196 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1196 OF 2025 (CS-EL/M)

BETWEEN:

THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, BENGALURU-560 001, REPT. BY ITS SECRETARY.

THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560 052.

Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, TTMC, A BLOCK, K H ROAD, SHANTINAGAR, BENGALURU-560 027. REPT. BY ITS SECRETARY.

THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT-571 125.

THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANTARSANTE H.D KOTE, MYSURU DISTRICT-571 125, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

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NC: 2025:KHC:30555-DB WA No. 1196 of 2025

HC-KAR

THE VOTER LIST SCRUTINY OFFICER ALSO CDO, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANTARSANTE H D KOTE, MYSURU DISTRICT-571 125, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

…APPELLANTS

(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI S.H RAGHAVENDRA, AGA)

AND:

THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ANTARSANTE H D KOTE, MYSURU DISTRICT-571 125, REPT. BY ITS PRESIDENT, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

…RESPONDENT

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) ALLOW THIS WRIT APPEAL, b)SET ASIDE THE IMPUGNED ORDER DATED 01/02/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.658/2025 AND c)PASS SUCH OTHER ORDER/ORDERS.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI

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NC: 2025:KHC:30555-DB WA No. 1196 of 2025

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

For the reasons stated in the affidavit filed in

support of application -IA No.1/2025, the same is allowed. The delay of 132 days in filing the appeal is condoned.

The appellants-State has filed the present appeal against an order dated 01.02.2025, passed by the learned Single Judge in Writ Petition No. 658/2025 captioned The

Primary Agricultural Credit Co-Operative Society

Ltd v. State of Karnataka and others.

In terms of the said order, the Returning Officer [respondent No. 5] was directed to continue the process of Election and complete the same. The Court had also found that there was dereliction of duty on the part of the Election Officer and the Returning Officer, and accordingly imposed costs of Rs.50,000/- each. The appellants have set out an explanation for the said delay.

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NC: 2025:KHC:30555-DB WA No. 1196 of 2025

HC-KAR

The learned Additional Advocate General appearing for

the appellants submits that the election has been conducted and requests that the costs be waived off.

In view of the above, we consider apposite to waive off the costs as imposed by the learned Single Judge.

The learned counsel for appellants states that the appellants do not have any grievance against any other directions issued by the learned Single Judge. In view of the above, no further orders are required to be passed. The appeal is disposed of

Pending applications, if any, stand disposed of.

SD/(VIBHU BAKHRU) CHIEF JUSTICE

SD/(C M JOSHI) JUDGE

tsn*

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