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Mr. Yashavantha Shetty v. the State of Kanrataka

Karnataka HC5 Jun 2025WP/9575/2025

Case brief

AI extract

What is this about?

Co-operative society election dispute; delay/pendency of interlocutory application; mandamus against Assistant Registrar of Co-operative Societies; Section 71(3) Karnataka Co-operative Societies Act 1959; Election Dispute No.165/2025; Gurupura Vyavasaya Seva Shakari Sangha Ltd.; writ petition under Articles 226 and 227; Mangalore, Dakshina Kannada; disposal of election dispute within fixed time.

What did the court decide?

Mandamus directing respondent No.5 (Assistant Registrar of Co-operative Societies, Mangalore) to consider and pass necessary orders on the petitioners' application under Sub-Section(3) of Section 71 of the Karnataka Co-operative Societies Act, 1959, within three weeks from receipt of a copy of the order. ¶41

Mr. Yashavantha Shetty Vs the State of Kanrataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:19026 WP No. 9575 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2025 BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.9575 OF 2025 (CS-EL/M)

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BETWEEN:

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MR.YASHAVANTHA SHETTY [MEMBERSHIP NO.3684] S/O.LATE VITTALA SHETTY AGED ABOUT 52 YEARS R/AT BELLOORGUTTU HOUSE GURUPURA, MANGALORE D.K-574 145

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MR. BALAKRISHNA KOTIAN [MEMBERSHIP NO.1425] S/O.LATE BABU POOJARY AGED ABOUT 70 YEARS R/AT BARIPATTLA HOUSE ADDUR VILLAGE & POST GURUPURA, MANGALORE D.K-574 145

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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MR.K.SADASHIVA SHETTY [MEMBERSHIP NO.3542] S/O.LATE GOPAL SHETTY AGED ABOUT 60 YEARS R/AT KALLAKALEMBI HOUSE POST: GURUPURA MANGALORE, D.K-574 145

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KUMARI BABITHA [MEMBERSHIP NO.9305] D/O.LATE BABU AGED ABOUT 32 YEARS R/AT BELLOOR HOUSE ADDUR VILLAGE & POST GURUPURA, MANGALORE D.K-574 145

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2 - NC: 2025:KHC:19026 WP No. 9575 of 2025

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HC-KAR

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SRI PADMANABHA KOTIAN [MEMBERSHIP NO.9500] S/O.LATE B.LOKAYYA POOJARY AGED ABOUT 58 YEARS R/AT PELATHADY HOUSE BONDANTHILA VILLAGE & POST PADU, MANGALORE TALUK D.K-575 029

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…PETITIONERS

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(BY SRI DHANANJAY KUMAR, ADVOCATE)

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AND:

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THE STATE OF KANRATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING BENGALURU -560 001 REP. BY ITS PRINCIPAL SECRETARY

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, TTMC 'A' BLOCK K.H.ROAD, SHANTHINAGAR BENGALURU-560 027 REP. BY ITS SECRETARY

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GURUPURA VYAVASAYA SEVA SHAKARI SANGHA LTD. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 YASHASVI SAHAKARA SAUDHA GURUPURA VILLAGE & POST MANGALORE TALUK DAKSHINA KANNADA-574 145 REPRESENTED BY ITS CEO

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THE RETURNING OFFICER GURUPURAVYAVASAYA SEVA SAHAKARI SANGHA LTD. YASHASVI SAHAKARA SAUDHA GURUPURA VILLAGE AND POST

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3 - NC: 2025:KHC:19026 WP No. 9575 of 2025

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HC-KAR

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MANGALORE TALUK DAKSHINA KANNADA-574 145

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES MANGALORE, D.K-575 001

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…RESPONDENTS

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(BY SRI YOGESH D.NAIK, AGA FOR R-1, R-4 & R-5; SRI T.L.KIRAN KUMAR, ADVOCATE FOR R-2; SRI RAKSHITH KUMAR, ADVOCATE FOR R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.5 TO CONSIDER THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 71(3) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, WHICH IS PENDING BEFORE THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANGALORE, D.K. IN ELECTION DISPUTE NO.165/2025 VIDE ANNEXURE-E AND ETC.

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

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for

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the following reliefs:

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"a) Direct the Respondent No.5, to consider the application filed by the petitioners under Section 71(3) of the Karnataka Co-operative Societies Act, 1959, which is pending before the Assistant Registrar of Co-operative Societies, Mangalore, D.K. in Election Dispute No.165/2025 vide Annexure-E and pass orders in accordance with law.

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4 - NC: 2025:KHC:19026 WP No. 9575 of 2025

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HC-KAR

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b) Pass such other orders as may be appropriate in facts and circumstances of the case, in the ends of justice and equity."

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The grievance of the petitioners is that an interlocutory application filed by the petitioners under Sub-Section(3) of Section 71 of Karnataka Co-operative Societies Act, 1959 in Election Dispute No.165/2025 is pending consideration for a long time and no orders have been passed thereon. The above petition itself was filed on 28.03.2025. Since only an interlocutory

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application was required to be considered at the earliest and the same has not been considered, I pass the following:

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ORDER

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i) The writ petition is allowed ; ii) A mandamus is issued directing

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respondent No.5 to consider and pass necessary orders on the application filed by the petitioners under Sub-Section(3) of Section 71 of the Karnataka Co-

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NC: 2025:KHC:19026 WP No. 9575 of 2025

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HC-KAR

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operative Societies Act, 1959, within a period of three weeks from the date of

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receipt of a copy of this order.

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SD/(SURAJ GOVINDARAJ) JUDGE

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