IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.39600-39601/2016 C/W WRIT PETITION Nos.27976-27977/2016 (GM, KSR) IN W.P.Nos.39600-39601/2016 BETWEEN:
1. SIDDASETTY M S/O LATE MADASETTY, AGED ABOUT 63 YEARS, R/AT NO.2681, KEMPEGOWDA NILAYA, 3RD CROSS, GANDHINAGARA, MANDYA.
2. MRUTHYUNJAYA B.N S/O LATE NARAYANAPPA, AGED ABOUT 62 YEARS, R/AT NO.655, CHOWDESHWARI NILAYA, OLD MIDDLE SCHOOL ROAD, OPP: BANGLA SCHOOL, YELAHANKA, BENGALURU-560 064.
... PETITIONERS (BY SRI G.CHANDRASEKHARAIAH, ADVOCATE (ABSENT)) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU-560 001.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKER ROAD, BENGALURU-560 052.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SOUTH ZONE, BENGALURU URBAN DISTRICT AND THE DISTRICT REGISTRAR OF SOCIETIES, PAMPAMAHAKAVI ROAD, CHAMARAJAPET, BENGALURU-560 018.
5. THE DISTRICT REGISTRAR OF SOCIETIES NO.17, MARUTHI PLAZA, 2ND MAIN ROAD, VYALIKAVAL EXTENSION, BENGALURU-560 003.
6. AKILA KARNATAKA GANIGARA SANGHA (R) SY. NO.81, ALLAHALLI, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 061, REP. BY ITS SECRETARY.
7. SRI. RAMESH N TAHSILDAR, BENGALURU METRO RAIL CORPORATION LTD., BMTC COMPLEX, SHANTHINAGARA, K.H.ROAD, BENGALURU-560 027, AND THE THEN ADMINISTRATOR, AKILA KARNATAKA GANIGARA SANGHA (R), BENGALURU.
8. SRI. MANJUNATH M.P.
ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (HEAD QUARTERS) O/O. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU-560 052 AND THE THEN ADMINISTRATOR, AKILA KARNATAKA GANIGARA SANGHA (R), BENGALURU.
9. SMT. H.V. SANDHYA ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (HEAD QUARTERS) O/O. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU-560 052 AND RETURNING OFFICER, AKILA KARNATAKA GANIGARA SANGHA (R) BENGALURU.
... RESPONDENTS (BY SMT.H.C.KAVITA, HCGP FOR R1-R5, R7 & R8 SRI DEVI PRASAD SHETTY, ADVOCATE FOR R6 V/O DATED 22.07.2016 HAND SUMMONS SERVED TO R9) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELECTION NOTICE ISSUED BY R6 SANGHA AS WELL AS R9 ON 04.07.2016 AT ANNEXURE-A AND DIRECT R1 TO R6 AND 9 TO GIVE PAPER PUBLICATION CALLING NECESSARY DOCUMENTS FROM THE GENUINE MEMBERS OF THE SANGHA AND THEREAFTER, TO PREPARE A GENUINE MEMBERSHIP LIST SUPPORTED BY THE MATERIAL BASIS AND THEREAFTER TO CONDUCT ELECTION TO THE EXECUTIVE COMMITTEEE OF R6 SANGHA AND ETC., IN W.P.Nos.27976-27977/2016 BETWEEN:
1. AKILA KARNATAKA GANIGARA SANGHA SY NO.81, ALLAHALI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BY ITS PRESIDENT SRINIVASMURTHY S/O LATE SANAPPA SETTY, AGED 80 YEARS.
2. AKILA KARNATAKA GANIGARA SANGHA SY NO.81, ALLAHALI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BY ITS SECRETARY V.MUNICHETTY, S/O LATE VARNAPPACHETTY, AGED 65 YEARS ... PETITIONERS (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, (REGISTRATION OF STAMPS) M.S.BUILDING, BANGALORE-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY 3. REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE-560 001.
4. DISTRICT REGISTRAR OF SOCIETIES NO.17, MARUTHI PLAZA, 2ND MAIN ROAD, VYALIKAVAL EXTENSION, BANGALORE-560 003.
5. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION, BANGALORE-560 001.
... RESPONDENTS (BY SMT. H.C.KAVITA, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI ORDER DTD:25.4.2016 IN GOVT. ORDER PRODUCED AT ANNEXURE-M ISSUED BY THE R-1.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In W.P.Nos.39600-39601/2016 None appears for the petitioners.
Smt. H.C.Kavita, learned High Court Government Pleader for respondent Nos.1 to 5, 7 & 8.
Sri Devi Prasad Shetty, learned counsel for respondent No.6 2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seeks to issue a writ of certiorari for quashing the election notice dated 04.07.2016 issued by 6th respondent as well as 9th respondent as per Annexure- A.
3. When the matter was taken up today, the learned High Court Government Pleader appearing for respondent Nos.1 to 5, 7 & 8 submits that in pursuance of the aforesaid election notice, the election has already been held and the Managing Committee has elected and the term of the Managing Committee is due to expire in the month of July, 2019. Therefore, the aforesaid submission is taken on record.
4. In view of the aforesaid submission, nothing survives for adjudication in these cases. Accordingly, the writ petitions are disposed of.
In W.P.Nos.27976-27977/2016 Sri Devi Prasad Shetty, learned counsel for the petitioners.
Smt. H.C.Kavita, learned High Court Government Pleader for the respondents.
2. The learned counsel for the petitioners fairly submits that on account of efflux of time, the writ petitions have rendered infructuous.
3. The aforesaid submission is placed on record.
4. Accordingly, the writ petitions are dismissed as having become infructuous.
Sd/- JUDGE PB