IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12127 OF 2019(GM-KSR) BETWEEN:
Sri.Ravi Bharadwaja.L Aged about 48 years, S/o.M.L.Lakshmipathy, Serving as Judgment Writer, Office of Karnataka Lokayuktha, M.S.Building, Bengaluru – 560 001 And also member of:
Karnataka State Government Employees Association ® Cubbon Park, Bengaluru – 560 001 (By Sri. Nagesh.S, Advocate) AND:
1. The State of Karnataka Rep. by its Secretary, Co-operative Department, M.S.Building, Bengaluru – 560 001 2. The District Registrar of Co-operative Societies, 4th Zone, Sahakara Soudha, 8th Cross, III Main, Marogosa Road, Malleswaram, Bengaluru – 560 003 … Petitioner 3. Sri.Ashwathnarayana Deputy Registrar, Office of the Co-operative Society, 4th Zone, Sahakara Soudha, 8th Cross, III Main, Marogosa Road, Malleswaram, Bengaluru – 560 003 (Who was appointed as Election Officer) 4. The Karnataka State Government Employees Association® Cubbon Park, Bengaluru – 560 001 Rep it’s the Secretary … Respondents (By Sri. V.Shivareddy, HCGP) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.2 to consider the representation dated 07.03.2019 vide Annexure – H and direct the respondent No.2 to appoint administrator to the respondent No.4 association till conducting fresh election and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Nagesh.S, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In the petition, the petitioner inter alia seeks for a writ of mandamus directing respondent No.2 to consider the representation dated 07.03.2019 and to direct respondent No.2 to appoint an administrator to manage the affairs of respondent No.4 – Association, till fresh elections are held.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner be granted liberty to submit a representation with regard to his grievance to respondent No.2 and the aforesaid authority be directed to consider and decide the representation to be submitted by the petitioner by a speaking order in accordance with law within fixed time limit.
4. On the other hand, learned High Court Government Pleader submitted that in case such representation is filed, suitable action in accordance with law shall be taken.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case petitioner submits a representation with regard to his grievance before the competent authority within a period of two weeks from today, the same shall be decided by the competent authority in accordance with law by a speaking order within a period of four weeks from the date of receipt of such representation.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
dn/-
Sd/- JUDGE