Disposed¶3

Smt Alagilwad Godemma W/O Alagilawad Shantappa v. the State of Karnataka

Karnataka HC10 Jan 2025WP/100174/2025

Case brief

AI extract

What is this about?

Maintainability of writ challenge to co-operative society election; alternative efficacious remedy of election petition; Articles 226 and 227 Constitution of India; certiorari; Karnataka Co-operative election notification; Board member election of Viviuddesh Prathmika Grameen Krushi Sahakar Sangha Halavagalu, Harapanahalli taluk, Vijayanagar district; Returning Officer Annexure-B1 dated 29.12.2024 and Annexure-C dated 04.01.2025; petition disposed of at preliminary hearing reserving liberty; Neutral citation NC: 2025:KHC-D:441; Single Judge (Suraj Govindaraj, J.).

What did the court decide?

None; petition disposed of with liberty reserved to the petitioner to pursue the alternative remedy of an election petition. ¶3

Smt Alagilwad Godemma W/O Alagilawad Shantappa Vs… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:441 WP No. 100174 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100174 OF 2025 (CS-EL/M)

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BETWEEN:

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SMT. ALAGILWAD GODEMMA W/O. ALAGILAWAD SHANTAPPA, AGE: 55 YEARS, OCC: HOUSE WIFE, R/O. HALAVAGAU VILLAGE, TALUK: HARAPANAHALLI, DIST: VIJAYANAGAR-583131.

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…PETITIONER

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(BY SMT. SARVAMANGAL CHIKKANAGOUDAR, FOR SRI. M.R. HIREMATHAD AND SRI. PRAKASH BADIGER, ADVOCATES)

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AND:

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GIRIJA A BYAHATTI

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Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6^TH FLOOR, BANGALORE-01.

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CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3^RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, SHANTINAGAR, BANGALORE-560027.

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THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY, AND DISTRICT ELECTION OFFICER, VIJAYANAGAR-583219.

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2 - NC: 2025:KHC-D:441 WP No. 100174 of 2025

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THE RETURNING OFFICER, VIVIUDDESH PRATHMIKA GRAMEEN KRUSHI SAHAKAR SANGHA HALAVAGALU, TALUK. HARAPANAHALLI, DIST. VIJAYANAGAR-583219.

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VIVIUDDESH PRATHMIKA GRAMEEN KRUSHI SAHAKAR SANGHA HALAVAGALU, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIVIUDDESH PRATHMIKA GRAMEEN KRUSHI SAHAKAR SANGHA HALAVAGALU, TALUK. HARAPANAHALLI, DIST. VIJAYANAGAR-583219.

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ANGUR MANJUNATH, AGE: 45, OCC: AGRICULTURE, R/O. HALAVAGALU VILLAGE, TALUK. HARAPANAHALLI, DIST. VIJAYANAGAR-583131.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, R3 AND R4; SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R2; NOTICE TO R5 – R6 DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE ELECTED RESPONDENT NO.6 TO THE SOCIETY OF THE MEMBER OF THE RESPONDENT NO.5 SOCIETY AS SHOWN AT S.NO.7 AT ANNEXURE-B1 DATED 29.12.2024 ISSUED BY THE RESPONDENT NO.4 CONSEQUENTLY ELECTION NOTIFICATION TO THE SOCIETY OF THE PRESIDENT AND VICE PRESIDENT TO THE RESPONDENT NO.5 SOCIETY DATED 04.01.2025 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-C; ISSUE SUCH OTHER ORDERS OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT, JUST AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS PETITION WITH EXEMPLARY COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:441 WP No. 100174 of 2025

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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i. Issue a writ in nature of Certiorari quashing the elected respondent No.6 to the society of the member of the respondent No.5 society as shown at S.No.7 at Annexure-B1 dated 29.12.2024 issued by the respondent No.4 consequently election notification to the society of the president and vice president to the respondent No.5 society dated 04.01.2025 issued by the respondent No.4 vide Annexure-C;

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ii. Issue such other orders or directions as this Hon’ble Court deems fit, just and proper under the facts and circumstances of the case and allow this Petition with exemplary costs, in the interest of justice and equity.

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Essentially what is challenged is the election of respondent

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No.6 as a member of Board of the respondent No.5 Society. Petitioner has an alternative and efficacious remedy in terms of filing of the election petition, the relief sought for in the present petition cannot be granted by this Court.

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Reserving such liberty, petition stands disposed of.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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gab CT-MCK List No.: 4 Sl No.: 2

Smt Alagilwad Godemma W/O Alagilawad Shantappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Alagilwad Godemma W/O Alagilawad Shantappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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