Writ Petition No. 4894 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:7604 WP No. 4894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4894 OF 2025 (CS-EL/M) BETWEEN: 1. SRI K. MOHAN VAIDYA SON OF KRISHNA VAIDYA, AGED ABOUT 71 YEARS, RESIDING AT “VAIDYA NILAYA”, KUPKODU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 2. SRI ARUN KUMAR SHETTY SON OF CHIKKAYYA SHETTY, AGED ABOUT 44 YEARS, RESIDING AT KANCHARU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 3. SRI K. ASHOK Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA SON OF MANJU NAIK, AGED ABOUT 53 YEARS, “SRI DURGA”, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 4. SRI SADANANDA KINI SON OF RAMARAYA KINI, AGED ABOUT 73 YEARS, RESIDING AT ADARSHA TRADERS, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211.
Legal Reasoning
5. SRI SHASHIDHAR SHETTY SON OF KARIYANNA SHETTY, AGED ABOUT 56 YEARS, - 2 - NC: 2025:KHC:7604 WP No. 4894 of 2025 RESIDING AT UDDARU GUDDE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT 576211. 6. SRI SHASHWATH SHETTY SON OF SADANANDA SHETTY, AGED ABOUT 28 YEARS, RESIDING AT NELLIKATTE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 7. SRI SURENDRA KANNANTHA SON OF NAGESHWAR KANNANTHA, AGED ABOUT 67 YEARS, RESIDING AT BALKATTU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 8. SRI SURENDRA SHETTY SON OF GOVINDA SHETTY, AGED ABOUT 56 YEARS, RESIDING AT KOTE BETTU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 9. SMT. BHARATHI SHET WIFE OF BALAKRISHNA SHET, AGED ABOUT 36 YEARS, RESIDING AT NELLIKATTE, KAVRADI, AMPARU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 10. SMT. JAYALAKSHMI SHETTY SON OF VISHWANATHA SHETTY, AGED ABOUT 57 YEARS, RESIDING AT SHUNTI HAKLU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 11. SRI UDAYA NAIK - 3 - NC: 2025:KHC:7604 WP No. 4894 of 2025 SON OF APPU NAIK, AGED ABOUT 45 YEARS, RESIDING AT TAREKODLU, MOODUBAGE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 12. SRI ANRASIMHA SAMAGARA SON OF NARAYANA SAMAGARA, AGED ABOUT 67 YEARS, RESIDING AT MOODUBAGE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. 13. SRI SURENDRA SHETTY SON OF MAHABALA SHETTY, AGED ABOUT 59 YEARS, RESIDING AT AVARSE MANE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211. (BY SRI DANANJAY JOSHI, SENIOR ADVOCATE FOR SRI PURNACHANDRA M. PURANIK, ADVOCATE) … PETITIONERS AND: 1. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, ROOM NO.610, 6TH FLOOR, 3RD GATE, M.S. BUILDING, BENGALURU - 560001. REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UDUPI DISTRICT, RAJATHADRI, A BLOCK 1ST FLOOR, DISTRICT ADMINISTRATIVE OFFICES ENCLAVE, MANIPAL - 576104. - 4 - NC: 2025:KHC:7604 WP No. 4894 of 2025 3. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB DIVISION, KUNDAPURA, UDUPI DISTRICT - 576201. THE RETURNING OFFICER AMPARU SAHAKARI VYAVASAYIKA SANGHA (N), AMPARU, AMPARU POST, KUNDAPURA TALUK, UDUPI DISTRICT – 576 211. 5. CHANDRASHEKARSHETTY SPECIAL OFFICER, AMPARU SAHAKARI VYAVASAYIKA SANGHA (N), AMPARU, AMPARU POST, KUNDAPURA TALUK, UDUPI DISTRICT – 576 211. 6. AMPARU SAHAKARI VYAVASAYIKA SANGHA (N), AMPARU, A CO-OPERATIVE SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, HAVING REGISTERED OFFICE AT AMPARU, KUNDAPURA TALUK, UDUPI DISTRICT – 576 211 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 7. SRI AJITH KUMAR, SON OF MANJU KULALA, AGED ABOUT 34 YEARS, RESIDING AT DASARAMAKKI, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 8. SRI CHANDRA POOJARI, SON OF SADASHIVA, AGED ABOUT 35 YEARS, RESIDING AT DASARAMAKKI AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. - 5 - NC: 2025:KHC:7604 WP No. 4894 of 2025 9. SRI JAYARAMA SHETTY, SON OF BHUJANGA SHETTY, AGED ABOUT 52 YEARS, RESIDING AT HADALI, KAVRADI POST AMPARU VILLAGE KUNDAPURA TALUK, UDUPI DISTRICT-576211. 10. SRI NAVEEN KUMAR SHETTY SON OF SUDHAKAR SHETTY, AGED ABOUT 46 YEARS, RESIDING AT SHARAVARI, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 11. SRI PRADEEP KUMAR SHETTY SON OF SUBBANNA SHETTY, AGED ABOUT 46 YEARS, RESIDING AT GUDIBETTU, KAVRADI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 12. SRI MANOHAR SHETTY, SON OF KRISHNAPPA SHETTY, AGED ABOUT 43 YEARS, RESIDING AT SHUNTIHAKLU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 13. SRI MANJU MOGAVEERA, SON OF BASAVA MOGAVEERA, AGED ABOUT 62 YEARS, RESIDING AT KANCHARU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 14. SRI SUNIL SON OF VENKATA PANNA, AGED ABOUT 36 YEARS, RESIDING AT DASARAMAKKI, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, - 6 - NC: 2025:KHC:7604 WP No. 4894 of 2025 UDUPI DISTRICT-576211. 15. SRI UMESH KOTARI, SON OF HIRIYA KOTARI, AGED ABOUT 44 YEARS, RESIDING AT KANCHARU AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 16. SRI KIRAN HEGDE, SON OF PRABHAKAR HEGDE, AGED ABOUT 55 YEARS, RESIDING AT KANCHARU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 17. SMT. JYOTHI, WIFE OF UDAYA SHETTY, AGED ABOUT 34 YEARS, RESIDING AT MOODUBAGE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 18. SMT. LALITHA, DAUGHTER OF NARAYANA SHETTY, AGED ABOUT 34 YEARS, RESIDING AT KANCHARU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 19. SRI MANJUNATHA NAIK, SON OF VENKAPPA NAIK, AGED ABOUT 56 YEARS, RESIDING AT KANNARI, MOODUBAGE, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 20. SRI NAVEEN SHETTY, SON OF SHIVARAMA SHETTY, AGED ABOUT 36 YEARS, RESIDING AT HOSIMANE, - 7 - NC: 2025:KHC:7604 WP No. 4894 of 2025 AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 21. SRI ARVIND YADIYALA, SON OF MADHAV RAO, AGED ABOUT 62 YEARS, RESIDING AT BALKATTU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 22. SRI CHANDRA JOGI, SON OF MANJUNATHA BALEGARA, AGED ABOUT 40 YEARS, RESIDING AT SHANKATTU, AMPARU VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576211. … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ELECTION OF PRESIDENT / VICE PRESIDENT NOTICE DATED 13.02.2025 ISSUED BY R-4 (ANNEXURE-J); DIRECT THE R-3 TO CONSIDER THE ELECTION PETITION DATED 14.02.2025 FILED BY THE PETITIONERS BEFORE THE R-3 IN ACCORDANCE WITH LAW AND PASS APPROPRIATE ORDERS WITHIN THREE WEEKS (ANNEXURE-K); DIRECT THE R-3 TO CONSIDER THE ACCOMPANYING APPLICATION TO THE ELECTION PETITION DATED 14.02.2025 FILED BY THE PETITIONERS BEFORE THE R-3 FOR STAY OF FURTHER ELECTION PROCESS PURSUANT TO THE ELECTION DATED 29.12.2024 IN ACCORDANCE WITH LAW AND PASS APPROPRIATE ORDERS WITHIN ONE WEEK (ANNEXURE-K1); AWARD COSTS OF THESE PROCEEDINGS. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 8 - NC: 2025:KHC:7604 WP No. 4894 of 2025 ORAL ORDER Petitioners are seeking for the following prayers: “i. Set aside the election of President/Vice President notice dated 13.02.2025 issued by Respondent No.4 (Annexure-J); ii. Direct the Respondent No.3 to consider the election petition dated 14.02.2025 filed by the Petitioners before the Respondent No.3 in accordance with law and pass appropriate orders within three weeks (Annexure-K); iii. Direct the Respondent No.3 to consider the accompanying application to the election petition dated 14.02.2025 filed by the Petitioners before the Respondent No.3 for stay of further election process pursuant to the election dated 29.12.2024 in accordance with law and pass appropriate orders within one week (Annexure-K1); iv. Award costs of these proceedings; v. Grant such other order as this Hon’ble Court deems fit under the facts and circumstances of the case, n the interests of justice.” 2. Learned AGA accepts notice for respondent Nos.1 to 4. - 9 - NC: 2025:KHC:7604 WP No. 4894 of 2025 3. Heard Sri Dhananjay Joshi, learned senior counsel for Sri Purna Chandra M. Puranik, learned counsel for the petitioners and learned AGA for respondents and perused the material on record. 4. Challenging the election results declared on 13.02.2025 of the election held on 29.12.2024 to the Board of Directors of the respondent No.6-Society, the petitioner raised a dispute under Section 70 (2) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short) before the Assistant Registrar of Co-Operative Societies-respondent No.3. Alongwith the petition, the petitioners also preferred an application seeking stay of the election results and to restrain all further election process pursuant to the election held on 29.12.2024. 5. Learned senior counsel for the petitioner submits that the election petition has been filed on 14.02.2025, along with the election petition, the petitioner has filed an application seeking stay of further election - 10 - NC: 2025:KHC:7604 WP No. 4894 of 2025 process pursuant to the election that was scheduled on 29.12.2024 and the said application is pending consideration since 14.02.2025 and in the interregnum, respondent No.4 has published Calendar of events for the election of President/Vice President of the society. Learned senior Counsel would submit that necessary directions to be issued to respondent No.3 to consider the application within time frame and till such consideration, petitioners be granted interim relief and further election process be stayed. 6. On hearing the learned senior counsel at length regarding the urgency of the matter and it is submitted that undue delay in its adjudication causes irreparable consequences. The petitioners have availed the alternative efficacious remedy provided under the Act, and dispute is pending consideration, application for stay requires immediate consideration within a reasonable timeframe and this Court deems it appropriate to issue necessary directions for the timely disposal of both the election - 11 - NC: 2025:KHC:7604 WP No. 4894 of 2025 petition and the application for stay, resultantly the following:
Decision
ORDER i. Writ petition is disposed of . ii. Application for stay filed by the petitioners in the election petition shall be heard and decided by respondent No.3 within one week from the date of receipt of copy of this order and the election petition to be disposed of as expeditiously as possible. iii. Both the parties shall ensure to cooperate in concluding the proceedings. No adjournments shall be entertained unless absolutely necessary under exceptional and justifiable reasons. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 10