Petitioners challenged their exclusion from a co-operative society election over an NCS-registration bye-law. Having challenged the bye-law before the Deputy Registrar of Co-operative Societies, who stayed it and permitted them to contest, they sought leave to withdraw the writ petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35864 OF 2024 (CS-EL/M)
BETWEEN:
Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. MAHESH KIRAN SHETTY S, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) SRI. K. PRASANNA SHETTY, ADVOCATE FOR C/R5)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH IMPUGNED ENDORSEMENT BEARING NO. DRP/U/A.MA.CHU/DU.A/07/2024-25 DATED 19.12.2024 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
Learned counsel for the petitioners submits that the petitioners have not challenged the said provisions of the
Bye-laws before the Deputy Register of Co-operative Societies in Appeal No.3/2024-25 and in light of the same the petitioners does not intend to prosecute the present petition and files memo, which reads as under:
"The petitioners in the above case respectfully submits that in the above writ petition, the petitioners had called in question the legality of the action of the respondents in not permitting the petitioners to contest the ongoing elections scheduled to be held on 12.01.2025. The respondent No.5 resisted the petition by entering caveat & took up the contentions that bye law of the respondent society provides voting only for members
NC: 2025:KHC:143 WP No. 35864 of 2024
with NCS registration. The petitioners have now challenged the said provisions of bye laws before the Deputy Registrar of Cooperative Societies in Appeal No.03/2024-25 and the DRCS while staying the provisions of the bye laws since it is contrary to Act has permitted the petitioners to contest the elections as per the interim order dated 04.01.2025. In view of the said development, the petitioners seek the leave of this Hon'ble court to withdraw the above petition in the interest of justice and equity."
dismissed as withdrawn.
Sd/- (JUSTICE K.S. HEMALEKHA)
AT List No.: 1 Sl No.: 0 CT: BHK
1 provisions across 1 enactments
H. Vijay Shetty
Gowri Devadiga
Shekhar Poojari
State of Karnataka Department of Co-operation
State Co-operative Election Authority
Deputy Registrar of Cooperative Societies/District Election Officer Udipi
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
