Sri. Augustine Rodrigues, Vs State of Karnataka

SRI AUGUSTINE RODRIGUES, AGED 61 YEARS, SON OF MONTHU RODRIGUES, RESIDING AT KOWDOOR, M KODY HOUSE, KINNIKAMBALA POST, MANGALORE – 574 151 (NOT CLAIMING THE BENEFITS OF SENIOR CITIZEN). ... PETITIONER

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(BY SRI G.R. MOHAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU – 560 001 BY ITS CHIEF SECRETARY.

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Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA CO-OPERATION DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU – 560 001.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES 1^ST FLOOR, JANATHA BAZAR BUILDING, HAMPANAKATTE,

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MANGALORE – 574 001.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES 4^TH FLOOR, SCDCC BANK BUILDING,

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KODIALBAIL, MANGALORE – 574 003.

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NC: 2025:KHC:342 WP No. 31549 of 2024

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THE PERAR MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., (REGD. UNDER CO-OPERATIVE SOCIETIES ACT)

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PANCHAYATH BUILDING, PO GANJIMATT, MANGALORE – 574 144

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NOW REPRESENTED BY RETURNING OFFICER MR. NAGENDRA .B OF CO-OPERATIVE SOCIETIES, MANGALORE SUB DIVISION. ... RESPONDENTS

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(BY SRI SIDHARTH BABURAO, AGA FOR R-1 TO R-4; SRI H.R. SHOWRI, ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTIONS TO THE RESPONDENT NOS.1 TO 4 TO CONSIDER THE REPRESENTATION DATED 30.10.2024 AS PER ANNEXURE-G FOR APPOINTMENT OF ADMINISTRATOR/SPECIAL OFFICER TO 5^TH RESPONDENT SOCIETY.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Petitioner in this writ petition is seeking for the following reliefs:

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“(A) Issue a Writ of Mandamus or Directions to the Respondents No.1 to 4 to consider the Representation dated 30-10-2024 as per Annexure‘G’ for appointment of Administrator/Special Officer to 5^th Respondent Society;

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(B) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.”

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NC: 2025:KHC:342 WP No. 31549 of 2024

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Heard the learned Counsel for the petitioner

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and the learned counsels for the respondents.

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Respondent No.5 is a Multipurpose CoOperative Society Limited, it is the case of the petitioner that the Returning Officer, without finalizing voter list by issuing 195 days notice to the ineligible voters of the society has on the same day of his appointment, has issued Calendar of Events for conducting of the election of respondent No.5-society. It is submitted that the term of Board of Directors of the society has expired on 28.07.2024, the petitioner has submitted a representation to respondents Nos.1 and 2 on 30.10.2024 requesting to appoint the Administrator/Special Officer, non consideration of the representation has made the petitioner to approach this court.

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After the calendar of events were published, the petitioner submitted his representation for appointing an Administrator/Special Officer, the elections are scheduled

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NC: 2025:KHC:342 WP No. 31549 of 2024

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to be held on 18.01.2025, once the calendar of events for elections is published, the election process is underway, principle of election bars preventing judicial interference in the election matters except through an election petition after the results are declared, until exceptional circumstances are made. The representation for appointing the Administrator/Special Officer being submitted after the election process, there is no statutory duty on the authority to consider the representation and no exceptional ground is made by the petitioner justifying intervention of the election process directing respondent Nos.1 and 2 to consider the representation.

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