IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27767 OF 2019 (GM-KSR) BETWEEN:
DR. Y. G. KANTHARAJU S/O LATE GIRIANNA AGED ABOT 51 YEAWRS R/AT RATHNAGIRI 7TH A MARUTHI NAGAR TUMKUR – 572 102 MOBILE 9448316617.
(BY SRI. P. VITTAL SHETTY , ADVOCATE) AND :
1. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES (4TH ZONE) & THE DISTRICT REGISTRAR OF SOCIETIES, 2ND FLOOR SAHAKARA SOUDHA MARGOSA ROAD, MALLESWARAM BENGALURU – 560 003.
... PETITIONER 2. SRI. SOMASHEKARAIAH THE RETURNING OFFICER KARNATAKA VETERINARY ASSOCIATION (REGD) NO.140, GOLDEN JUBILEE BUILDINGS, 8TH CROSS, MALLESWARAM, BENGALURU – 560 003.
3. THE PRESIDENT KARNATAKA VETERNIARY ASSOCIATION (REGD) NO.140, GOLDEN JUBILEE BUILDING, 8TH CROSS, MALLESWARAM, BENGALURU – 560 003.
... RESPONDENTS (BY SRI.V. SHIVAREDDY, HCGP FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ANNOUNCEMENT PASSD BY THE R-2 DATED 26.6.2019 VIDE ANNEXURE-M POSTPONDING THE ELECTION DATED 30.6.2019 TO 21.7.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri P. Vittal Shetty, learned counsel for the petitioner.
Sri V. Shivareddy, learned High Court Government Pleader for respondent No.1.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.2 and 3.
3. The petition is admitted for hearing. With the consent of learned counsel for the petitioner and learned HCGP for respondent No.1, the same is heard finally.
4. In this petition, the petitioner inter alia has assailed the impugned communication dated 26.06.2019 by which the election of the office bearers of society has been postponed from 30.06.2019 to 21.07.2019 by the Returning Officer.
5. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the Returning Officer of the Karnataka Veterinary Association to decide the representation submitted by the petitioner by a speaking order within a fixed time.
6. Learned High Court Government Pleader submits that suitable action shall be taken in accordance with law.
7. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the Returning Officer of the Karnataka Veterinary Association to decide the representation submitted by the petitioner by a speaking order within a period of three days from the date of receipt of certified copy of the order passed today.
8. It is made clear that this Court has not expressed any opinion on the merits of the case. It is further made clear that the order shall be passed after affording an opportunity to the necessary parties.
Accordingly, writ petition is disposed of.
Sd/- JUDGE SA