Karnataka High Court

WP/36278/2024 of SRIDHAR Vs THE STATE OF KARNATAKA on 31 December 2024

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2024:KHC:53350 WP No. 36278 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36278 OF 2024 (CS-EL/M) BETWEEN: SRIDHAR S/O PADMANNA, AGED ABOUT 58 YEARS, KALLUGUNDI, SULLIA TALUK,

Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA

- 1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31[ST] DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ -WRIT PETITION NO. 36278 OF 2024 (CSEL/M)

BETWEEN:

SRIDHAR S/O PADMANNA, AGED ABOUT 58 YEARS, KALLUGUNDI, SULLIA TALUK, SAMPAJE, D. K. DISTRICT-574234.

…PETITIONER

(BY SRI. KARUNAKARA P.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF COOPERATIVE SOCIETIES, REP. BY ITS SECRETARY, DEPARTMENT OF COOPERATIVE SOCIETIES, VIDHANA SOUDHDA, DR AMBEDKAR VEEDHI BENGALURU.

2. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, MANGALURU, D. K. DISTRICT-574142.

3. THE RETURNING OFFICER SAMPAJE PRIMARY CREDIT CO OPERATIVE SOCIETIEES, SAMPAJE, SULLAIAH TALUK,

D. K. DISTIRCT-574234.

4. THE SAMAJE PARIMARY REPRESENTED BY CEO REPRESENTED BY CEO

AGRICULTURAL CREDIT COOPERATIVE SOCIETY,SAMPAJE, SULLIA TALUK, D.K. DISTRICT-574234.

5. JNANASHEELAN V. S/O. VEERAN R. KUMERI HOUSE, SAMPAJE POST AND VILLAGE, SULLIA TALUK, D.K. DISTRICT-574234. S/O. VEERAN R. KUMERI HOUSE, SAMPAJE POST AND VILLAGE, SULLIA TALUK, D.K. DISTRICT-574234.

…RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4; SRI. RAKSHIT KUMAR, ADV. FOR R5)

THIS WP IS FILED PRAYING TO UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING A) TO QUASH THE NOTICE DATED 24/12/2024 ISSUED BY R3 TO HOLD THE ELECTION FOR THE POST OF ADHYAKSHA - UPADHYAKSHA ON 02/01/2025 AT 11.00 AM PRODUCED AT ANN-A. AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a)To quash the notice dated 24.12.2024 issued by Respondent No.3 to hold the election for the post of the Adhyaksha-Upadhyaksha on 02.01.2025 at 11.00 am produced at Annexure-A. Respondent No.3 to hold the election for the post of the Adhyaksha-Upadhyaksha on 02.01.2025 at 11.00 am produced at Annexure-A.

b)To quash the declaration of the Respondent No.5 as winner from the general category produced at Annexure-C dated 23.12.2024. winner from the general category produced at Annexure-C dated 23.12.2024.

c)To grant such other relief as the Hon’ble Court deems fit to grant in the facts and circumstances of the case. deems fit to grant in the facts and circumstances of the case.

2. Learned AGA accepts notice for respondent Nos.1 to 3.

Sri.Rakshith Kumar, learned counsel accepts notice for respondent No.5. Notice to respondent No.4 is dispensed with in view of the proposed order to be passed. with in view of the proposed order to be passed.

3. What is being challenged by the petitioner is the election of Respondent No.5 to the respondent No.4 – Society, the petitioner has an alternative and efficacious remedy.

4. Reserving such a liberty, the petition stands disposed of.

SD/- (SURAJ GOVINDARAJ) JUDGE

LDC,TIN List No.: 3 Sl No.: 14

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