Biaregowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Biaregowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

NC: 2025:KHC:24299 WP No. 11229 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 11229 OF 2025 (CS-EL/M)

BETWEEN:

BIAREGOWDA

S/O LATE KATAPPA AGED ABOUT 66 YEARS

NANDISH KUMAR

S/O LATE VENKATAIAH

AGED ABOUT 50 YEARS

BOTH ARE DIRECTORS OF K. SHETTYHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438

…PETITIONERS

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

(BY SRI. SANDESH T B.,ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY

ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PANDAVAPURA SUB-DIVISION, SHRIRANGAPATTANA TALUK MANDYA DISTRICT-571438

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HC-KAR

THE RETURNING OFFICER OF K SHETTYHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438

K SHETTYHALLI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER CO-OPERATIVE SOCIETY REGISTERATION ACT- 1959

PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK SHRIRANGAPATTANA, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER CO-OPERATIVE SOCIETY REGISTERATION ACT- 1959

K CHIKKABOREGOWDA S/O KAMPLEGOWDA R/AT K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438

K SHINIVASAIAH S/O JAGAVAIAH R/AT K SHETTYHALLI VILLAGE, SHRIRANGAPATTANA TALUK, MANDYA DIST-571438

…RESPONDENTS

(BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3; SRI. N.R. KRISHNAPPA .,ADVOCATE FOR R6 AND R7; R4 & R5-SERVED)

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HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER DATED 26.03.2025 PASSED BY THE ASSISTANT REGISTRAR 2^ND RESPONDENT VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioners are before this Court seeking for the following reliefs:

a. Issue a writ of certiorari set aside the impugned dated 26.03.2025 passed by the 2^nd Respondent vide Annexure-E in the interest of justice and equity.

b. Issue a writ of mandamus directing the Respondent No.3 to permit the petitioners to cost their votes in the ensuing office bearers election dated 11.04.2025 in the respondent No.4 society.

c. Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.

By way of interim order dated 9.04.2025, the

petitioners were permitted to cast their votes in the

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NC: 2025:KHC:24299 WP No. 11229 of 2025

HC-KAR

elections to be held on 11.04.2025 for the post of

President and Vice President.

The elections having been held on 11.04.2025, learned counsel for the petitioners submits that the petitioners have cast their votes. In that view of the matter, the petition stands disposed.

The respondents are directed to announce the results of the elections. If the petitioners or anyone else aggrieved by the said result, they would be entitled to raise dispute under Section 70 of the Karnataka Cooperative Societies Act, 1959.

SD/(SURAJ GOVINDARAJ) JUDGE

LN

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