Sri. Chandrashekar Vs Additional Registrar of Co. Operative Societies

MAYAMMADEVI KOLI SAKANIKEDARARA HAAGU MARATAGARARA SAHAKARA SANGHA NIYAMITHA, MANDYA VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571428. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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(REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959)

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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(BY SRI. DEVI PRASAD SHETTY.,ADVOCATE)

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AND:

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…PETITIONERS

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ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES (HOUSING AND MISCELLANEOUS) OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES. NO.1 ALI ASKER ROAD, BENGALURU-560001.

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THE ASSISTANT COMMISSIONER, KIADB, BENGALURU AND RETURNING OFFICER KARNATAKA CO-OPERATIVE POULTRY FEDERATION LTD., NO.52, CANTONMENT VETERINARY HOSPITAL COMPOUND, QUEENS ROAD,

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2 - NC: 2025:KHC:10326 WP No. 6775 of 2025

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BENGALURU-560 052.

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KARNATAKA CO-OPERATIVE POULTRY FEDERATION LTD., NO.52, CANTONMENT VETERINARY HOSPITAL COMPOUND, QUEENS ROAD, BENGALURU-560 052 REPRESENTED BY ITS MANAGING DIRECTOR.

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HASSANA ZILLA KOLI SAKANIKEDARARA SAHAKARA SANGHA NIYAMITHA, OFFICE PREMISES OF DEPUTY DIRECTOR OF ANIMAL HUSBANDRY DEPARTMENT, SANTHEPET, HASSAN-573201. REPRESENTED BY ITS CEO/SECRETARY.

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(RESPONDENT NO.3 AND 4 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959)

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G.T.HARISH, S/O LATE THIMMEGOWDA, AGED ABOUT 51 YEARS, DIRECTOR, KARNATAKA CO-OPERATIVE POULTRY FEDERATION LTD., NO.52, CANTONMENT VETERINARY HOSPITAL COMPOUND, QUEENS ROAD, BENGALURU-560 052.

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…RESPONDENTS

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(BY SRI. M.R. RAJGOPAL., SENIOR ADVOCATE FOR SRI. SUMANTH KUMAR S. PATIL., ADVOCATE FOR C/R5; SRI. YOGESH D.NAIK., AGA FOR R1 & R2; V/O DATED11.03.2025 NOTICE TO R3 IS D/W

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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 THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 24/02/2025 PASSED BY THE RESPONDENT NO.1 IN DISPUTE NO.ANI (H AND M)/D2/NMD/29/2023-24 PRODUCED AT ANNEXURE-J IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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3 - NC: 2025:KHC:10326 WP No. 6775 of 2025

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ORAL ORDER

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

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(a) Issue a writ in the nature of certiorari quashing the order dated 24.02.2025 passed by the respondent No.1 in Dispute No.Ani(H&M)/D2/NMD/29/2023-24 produced at Annexure-J in the interest of justice and equity.

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(b) Issue a writ in the nature of certiorari quashing the order dated 05.03.2025 passed on IA No.1 in co-op. Appeal No.74/2025 by the Hon’ble Karnataka Appellate Tribunal produced at Annexure-M in the interest of justice and equity.

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

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Respondent No.1 by way of order dated 24.02.2025 set aside the election of petitioner No.1 held on 14.02.2024, further issued a direction to the Returning Officer to consider votes cast in pen as a valid vote and declare the results. It is challenging the same, the petitioner had filed an appeal before the Karnataka Appellate Tribal in Appeal No.74/2025. An application in IA-I for stay having been filed, the same was rejected vide order dated 5.03.2025 at

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4 -

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NC: 2025:KHC:10326 WP No. 6775 of 2025

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Annexure-M. Challenging both the said orders the petitioners are before this court.

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This court vide order dated 6.03.2025 had restrained respondent No.2 from declaring the result of the election until orders are passed but had further directed that the counting shall go on, as results kept in a sealed covered.

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Sri.Yogesh D.Naik, learned counsel for respondent No.1 and 2 submits that the votes have been counted and the results have been kept in a sealed cover and results would be declared subject to any orders passed by this court.

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Considering that the main issue is pending before the KAT in Appeal No.74/2025 and what has come up before this court is only the rejection of the interim order, the merits of the matter would have to be decided by the Karnataka Appellate Tribunal in the aforesaid appeal and cannot be so decided in the present matter where only the rejection of IA No.1 is under challenge. As such, I pass the following:

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ORDER

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i. The petition is partly allowed.

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ii. The Karnataka Appellate Tribunal is directed to dispose of the appeal in Appeal No.74/2025 as expeditiously as possible, preferably within a period of 30 days from the date of receipt of copy of this order

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iii. Respondent No.2 would continue to be restrained from declaring the result of the election which shall be subject to the result of Appeal No.74/2025 pending before the Karnataka Appellate Tribunal.

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iv. Respondent No.2 is also directed to place the sealed cover of the election result before the Karnataka Appellate Tribunal.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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LN

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List No.: 2 Sl No.: 6

Sri. Chandrashekar v. Additional Registrar of Co. Operative Societies

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Sri. Chandrashekar v. Additional Registrar of Co. Operative Societies

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