The Udupi Primary Weavers Service Co. Operative Society Ltd. Vs the State of Karnataka

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NC: 2025:KHC:5663 WP No. 1508 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1508 OF 2025 (CS-EL/M)

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BETWEEN:

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THE UDUPI PRIMARY WEAVERS SERVICE CO-OPERATIVE SOCIETY LTD., NO L-390, SANSKRITH COLLEGE ROAD, UDUPI 576 101, REPRESENTED BY ITS PRESIDENT, RATHNAKAR, S/O SUNDER SHETTIGAR, AGE 51 YEARS, PETITIONER SOCIETY ARE REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 …PETITIONER

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(BY SRI. DEVI PRASAD SHETTY, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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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 PRINCIPAL SECRETARY

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THE STATE CO-OPERATIVE ELECTION COMMISSION, 3^RD FLOOR, SHANTHI NAGAR, TTMC A BLOCK, SHANTHI NAGAR, BANGALORE 27,

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2 - NC: 2025:KHC:5663 WP No. 1508 of 2025

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REPRESENTED BY ITS SECRETARY

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REGIONAL COMMISSIONER BENGALURU DIVISION, REVENUE DEPARTMENT AND NODAL OFFICER OFFICE OF EX-OFFICIOSECRETARY (ECONOMIC OFFENCE) 2^ND FLOOR, BMTC BUILDING, KH ROAD, SHANTINAGAR, BENGALURU 560 027.

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RETURNING OFFICER KARNATAKA STATE CO-OPERATIVE HANDLOOM WEAVERS FEDERATION LTD., NO. 203/204, 8^TH CROSS, 4^TH MAIN, SAMPANGIRAMANAGAR, BENGALURU 560 027

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KARNATAKA STATE CO-OPERATIVE HANDLOOM WEAVERS FEDERATION LTD NO. 203/204, 8^TH CROSS, 4^TH MAIN, SAMPANGIRAMANAGAR, BENGALURU 560 027 REP BY ITS MANAGING DIRECTOR

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REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959

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…RESPONDENTS

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(BY SRI. YOGESH D NAIK, AGA FOR R1, R3, R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 02.01.2025 IN NO. KARASAKAINEMAMUM/CHUNAVANE/AKSHEPANE/2024-25,

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3 - NC: 2025:KHC:5663 WP No. 1508 of 2025

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305(A) ISSUED BY THE R-5 PRODUCED AS ANNEXURE-K AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner is seeking for the following reliefs:

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(a) Issue a writ in the nature of certiorari quashing the endorsement dated 02.01.2025 in

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No.KARASAKAINEMAMUM/CHUNAVANE/AKSH EPANE/2024-25, 305(A) issued by the respondent No.5 produced as Annexure-K.

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(b) Issue a writ in the nature of certiorari quashing the calendar of events dated 04.01.2024 issued by the respondent No.4 produced at Annexure-L.

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(c) Issue a writ of mandamus directing the respondent No.2, 3 and 4 to hold and conduct the elections to the respondent No.5 by issuing notice to all the member primary societies afresh as per the state government order dated 13.06.2024 produced at Annexure

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NC: 2025:KHC:5663 WP No. 1508 of 2025

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F bearing No. CO 34 C LM 2024(E) Section 20 (2)(a-iv)(a-v) of KCS Act 1959 and Rule 13D(2)(2-A) of the KCS Rules.

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(d) Grant such other relief/s as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice.

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Learned counsel for the petitioner submits that

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the petitioner has sought for the stay of the election, which was scheduled on 23.01.2024. It is submitted that the elections have been conducted, however, the results have

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not been announced and therefore, the petition has rendered infructuous, however, sought for necessary direction to be issued to the returning officer to announce the results.

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Submission is recorded.

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The petition is dismissed as having become

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infructuous. The returning officer is directed to announce the results of the election, which was schedule on 23.01.2025. It is needless to observe that the aggrieved party is at liberty to approach the appropriate authority by

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NC: 2025:KHC:5663 WP No. 1508 of 2025

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