IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO. 33051/2019 (CS-EL/M) BETWEEN:
JUDICIAL DEPARTMENT MULTIPURPOSE CO OPERATIVE SOCIETY LTD., HIGH COURT BUILDING BENGALURU – 560 001 REPRESENTED BY ITS MANAGER/SECRETARY S.N. KANTHRAJ S/O NARASIMHEGOWDA AGED ABOUT 56 YEARS.
... PETITIONER (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 01 BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHI NAGAR T.T.M.C. "A" BLOCK SHANTHI NAGAR, BANGALORE - 27 REPRESENTED BY ITS SECRETARY.
3. DEPUTY SECRETARY AND JOINT REGISTRAR (ELECTION INCHARGE) AND RETURNING OFFICERS CO OPERATIVE ELECTION AUTHORITY, SHANTHINAGAR, BENGALURU – 560 027.
4. RETURNING OFFICER APPOINTED TO HOLD ELECTION FOR JUDICIAL DEPARTMENT, MULTIPURPOSE CO OPERATIVE SOCIETY LTD., OFFICE OF DEPARTMENT OF CO OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BENGALURU – 560 052.
... RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) AND SECTION 27A THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243 ZI AND 243ZO OF THE CONSTITUTION OF INDIA.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Advocate appearing for petitioner has filed a memo seeking leave of the Court to withdraw the writ petition with liberty to file fresh petition if need is to be arises and also stated that returning officer by communication dated 07.08.2019 has permitted the petitioner to prepare voter list in accordance with the orders passed in W.P.No.57154/2018.
Accordingly, placing said memo on record petition stands dismissed as withdrawn with liberty to file petition afresh in the event of authorities withdrawing communication dated 07.08.2019.
SD/- JUDGE RU