IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR WRIT PETITION No.31375 OF 2019 (CS-RES) BETWEEN SRI. K.G. GOWDA, S/O.VEERABHADREGOWDA, AGED ABOUT 62 YEARS, PRESIDENT, MYSURU UNIVERSITY EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD., KRAFARD BHAVAN, MYSURU – 570001. ... PETITIONER (BY SRI.SANDESH.T.B, ADVOCATE-ABSENT) AND 1. STATE OF KARNATAKA, DEPARTMENT OF CO–OPERATION, M S BUILDING, BANGALORE, BY ITS PRINCIPAL SECRETARY.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU REGION, MYSURU – 570001.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU – 570001.
4. MYSURU UNIVERSITY EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD., KRAFARD BHAVAN, MYSURU – 570001, REPRESENTED BY ITS CEO. ... RESPONDENTS (BY SMT.H.C.KAVITHA, HCGP) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:15.7.2019 VIDE ANNEXURE-C PASSED BY THE R-2 BY DECLARING THE SAME AS ILLEGAL AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appears for the petitioner.
2. Learned High Court Government Pleader submits that impugned order dated 15.07.2019 (Annexure-C) is a notice issued by 2nd respondent appointing 3rd respondent as authorized officer to conduct the meeting of 4th Respondent-Co- operative Society in order to examine the no confidence motion moved against petitioner and appointing the 3rd respondent to preside over the said meeting, pursuant to which, copy of the meeting notice dated 17.07.2019 had been issued indicating thereunder that meeting is scheduled to be held on 03.08.2019.
3. Learned Government Pleader would submit that said no confidence motion was taken up in the meeting that was held on 03.08.2019 and no confidence motion has been successfully moved against the petitioner.
4. In that view of the matter, second prayer sought for by the petitioner has become infructuous. However, reserving liberty to urge all grounds in support of first prayer in the event of fresh writ petition being filed calling in question the resolution passed or decision taken at the meeting of 4th respondent-Society, this Writ Petition is disposed of.
Learned High Court Government Pleader is permitted to file memo of appearance within four weeks from today.
Sd/- JUDGE bnv* ct-rg