Writ Petition No. 2749 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4557 WP No. 2749 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2749 OF 2025 (CS-EL/M) BETWEEN: 1. SMT RAMESHA R, S/O RAMANJINAPPA R, AGED ABOUT 30 YEARS, R/AT KOLAVANAHALLI, SRIRAMPURA, CHIKKABALLAPURA - 562 103. 2. SMT. RATHNAMMA, S/O NAGAPPA, AGED ABOUT 50 YEARS, DORABURE, MANDIKALLU, CHIKKABALLAPURA - 562 104. (BY SRI.PRABHULING NAVADAGI., SENIOR ADVOCATE FOR SRI. H N BASAVARAJU., ADVOCATE) …PETITIONERS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. CO-OPERATIVE SOCIETY VIKAS SOUDHA, BENGALURU - 560 001. 2. THE STATE COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, BMTC COMPLEX, SHANTHINAGAR, DOUBLE ROAD, BENGALURU - 560 027. 3. THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, - 2 - NC: 2025:KHC:4557 WP No. 2749 of 2025 BENGALURU REGION, NO.146, 3TD MAIN, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. 4. THE DISTRICT REGISTRAR CO-OPERATIVE SOCIETIES, CHIKKABALLAPURA TALUK & DISTRICT - 562 101. 5. THE RETURNING OFFICER, TO THE ELECTION OF TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHIKKABALLAPURA TALUK DISTRICT - 562 101. 6. THE PRIMARY AGRICULTURE AND CO-OPERATIVE SOCIETIES RURAL DEVELOPMENT BANK, BY ITS MANAGER CHIKKABALLAPURA TALUK & DISTRICT 562 101.
Legal Reasoning
7. SMT. BHARANI, D/O N C VENKATESH, AGE NOT KNOWN, R/AT NALLAKADIRENAHALLI, CHIKKABALLAPURA TALUK & DISTRICT - 562 101. 8. SMT. JAYAMMA, D/O CHIKKAHANUMEGOWDA, AGE NOT KNOWN, R/AT NALLAKADIRENAHALLI, CHIKKABALLAPURA TALUK & DISTRICT - 562 101. 9. SMT. V KAMALAMMA, D/O SHIVARAMA REDDY, - 3 - NC: 2025:KHC:4557 WP No. 2749 of 2025 AGE NOT KNOWN, R/AT HIRENAGAVALLI, CHIKKABALLAPURA TALUK & DISTRICT - 562 101. 10. SMT. HS MOHAN REDDY, S/O SHIVARAMA REDDY, AGE NOT KNOWN, R/AT HIRENAGAVALLI, CHIKKABALLAPURA TALUK & DISTRICT - 562 101. …RESPONDENTS (BY SRI.JAYAKUMAR S PATIL., SENIOR ADVOCATE FOR; SRI.DEVI PRASAD SHETTY., ADV FOR R-7 TO R-10; SMT.PRATHIMA HONNAPURA., AAG A/W SRI.YOGESH D NAIK., AGA FOR R-1 TO R-3, R-4 AND R-5; SRI.T.L.KIRAN KUMAR FOR R-2;) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 3 RESPONDENT JOINT REGISTRAR OF CO-OPERATIVE IN GARB/DAVA/APPEAL/01/2024-25 AS PER ANNEXURE-G AND ETC., 27/01/2025 SOCIETY DATED THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayer: a) Issue writ of certiorari to quash the order passed by the 3rd respondent joint registrar of co-operative society dated 27.01.2025 in GARB/Dava/Appeal/01/2024-25 as per Annexure-G. - 4 - NC: 2025:KHC:4557 WP No. 2749 of 2025 b) Issue any other appropriate order or direction as this Hon'ble Court deemed fit and proper, in facts and circumstances of the case and allow this writ petition in the ends of justice. 2. Petitioners claim to be the members of the 6th respondent - The Primary Agriculture and Co-operative Societies Rural Development Bank at Chikkaballapura (hereinafter referred to as ‘Society’ For Short) 3.
Decision
Facts leading to filing of the writ petition is that, the general body meeting was conducted on 21-9-2025 with regard to fixing of reservation, as per the agenda No.11, a resolution was passed by the majority of members changing the reservation of the 4 constituencies, the resolution was forwarded to respondent no 4 for approval. 4. The case of the petitioner is that the respondent No.4 on being satisfied that while amending the bye-law, the required procedures have been followed, the approval to amendment was allowed on 8.01.2025 and digital approval was updated on 27.01.2025. The returning - 5 - NC: 2025:KHC:4557 WP No. 2749 of 2025 officer -respondent No.5 notified the calendar of events on 24.01.2025, wherein the reservations were maintained according to the bye-law of the Society dated 08.01.2025. 5. The respondent Nos.6 to 10 filed appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959 challenging the validity and the correctness of the amendment effected by the bye-law dated 08.01.2025 before the Joint Registrar- Respondent No.3, the Joint registrar granted an interim order staying the operation of the amendment, impugning the order of stay, petitioner is before this court. 6. Learned Senior counsel for the petitioner Prabhuling Navadgi submitted that the amendment was given effect to by the Returning Officer by notifying in the calendar of events published on 24.01.2025 and the interim order granted by the joint registrar, the election process has been interrupted illegally without an authority of law. He submits that the election proceedings needs to be continued as per the calendar of events by maintaining - 6 - NC: 2025:KHC:4557 WP No. 2749 of 2025 status quo ante which prevailed prior to the approval of the amendment of the Bye-Laws. 7. Learned Senior Counsel, Jayakumar S Patil appearing for the caveator respondents pleads foul played by the Society and the Managing Committee and tampering of the resolution passed on 21.09.2024, he submits that if the election proceeding is continued as per the status quo ante before the amendment of Bye-Law, the caveator respondents has no objection to conclude the election proceedings. 8. Submission of the learned Senior Counsels is taken on record. 9. The writ petition is disposed of on the following terms; (i) The returning officer to conduct the election as per the calendar of events published on 24.01.2025 publishing the corrigendum stating that the election would be conducted as per the old Bye-Law, which prevailed i.e., - 7 - NC: 2025:KHC:4557 WP No. 2749 of 2025 status quo ante before the amendment . (ii) If necessary, the returning officer to reschedule the dates both for the nomination and date of poll, but not beyond 4 days from the date of the original date of poll scheduled i.e., 09.02.2025. (iii) As parties are before respondent No 3, all the contentions are kept open (iv) No merits / demerits are expressed by this Court, any observation made is only to the limited extent of considering this writ petition. (v) Operative portion to be furnished to the learned AGA. Sd/- ________________________ JUSTICE K.S. HEMALEKHA KVR List No.: 1 Sl No.: 11