IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NOs.20632-20633/ 2019 (CS-EL/M) C/W W.P.NOs.21593-21602/2019 & W.P.NOs.22584-22593/2019(CS-RES) IN W.P. NOs.20632-20633/2019:
BETWEEN:
1. SRI. S.P. MAHESH S/O PUTTAIAH AGED ABOUT 53 YEARS R/AT SATHANURU VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT – 571 402.
2. SRI. B. CHANDRA S/O BASAVAIAH AGED ABOUT 47 YEARS BILIDEGALU VILLAGE B. HOSUR POST KERAGUDU HOBLI MANDYA TALUK MANDYA DISTRICT – 571 402.
(BY SRI. P. ANAND, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER MANDYA DISTRICT, MANDYA.
... PETITIONERS 2. THE RETURNING OFFICER AND DEPUTY DRECTOR OF SERICULTURE DEPARTMENT MANDYA DISTRICT, MANDYA.
3. THE CO-OP ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK SHANTHINAGAR BENGALURU - 560 027.
4. THE MANDYA DISTRICT CO-OPEARATIVE MILK PRODUCERS’ SOCIETIES UNION LTD., GEJJALAGERE VILLAGE, MADDUR TALUK MANDYA DISTRICT - 571 428 REPRESENTED BY ITS MANAGING DIRECTOR.
5. THE ADDITIONAL REGISTRAR OF CO-OP SOCIETIES (DAIRY) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKER ROAD BANGALORE – 560 052.
6. STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGLORE – 560 001 REPT. BY ITS CHIEF SECRETARY.
7. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, AMBEDKAR VEEDHI BANGALORE – 560 001 REPT. BY ITS PRINCIPAL SECRETARY.
... RESPONDENTS (BY SRI. H.C. KAVITHA, HCGP FOR R-1, R-2, R-5 TO R-7 SRI. G.V. SHASHIKUMAR, ADVOCATE FOR R-3;
SRI. J. BHASKAR REDDY, ADVOCATE FOR R-4) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 HEREIN TO CONDUCT ELECTION TO THE BOARD OF MANAGEMENT OF R-4 HEREIN FORTHWITH.
IN W.P.NOS.21593-21602/2019& IN W.P.NOS.22584-22593/2019 BETWEEN:
1. SRI. S.P. MAHESH S/O PUTTAIAH AGED ABOUT 53 YEARS R/AT SATHANURU VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT – 571 402.
2. SRI. B. CHANDRA S/O BASAVAIAH AGED ABOUT 47 YEARS BILIDEGALU VILLAGE B. HOSUR POST KERAGUDU HOBLI MANDYA TALUK MANDYA DISTRICT – 571 402.
3. SRI. RAMAKRSIHNA S/O LATE BILEGOWDA AGED ABOUT 60 YEARS R/A KADALUR VILLAGE ATHAGURU HOBLI, MADDUR TLAUK, MANDYA DISTRICT – 571 428.
4. SRI. S. AMBAREESH S/O S.C. SUBRAMANYA AGED ABOUT 42 YEARS R/AT NO.806, 2ND CROSS NEAR TELEPHONE EXCHANGE SUBHASH NAGR, K.R. PETE K.R. PETE TALUK MANDYA DISTRICT – 571 426.
5. SRI. U.C. SHIVAKUMAR S/O LATE M. CHOWDAIAH AGED ABOUT 48 YEARS R/AT UMMADAHALLI VILLAGE AND POST, MANDYA TALUK AND DISTRICT – 571 401.
6. SRI. G.E. RAVI KUMAR S/O EREGOWDA AGED ABOUT 45 YEARS R/AT GOWDAGERE VILLAGE MANIKANAHALLI POST MELUKOTE HOBLI PANDAVAPURA TLAUK MANDYA DISTRICT – 571 434.
7. SRI. V.M. VISHWANATH S/O MADEGOWDA AGED ABOUT 45 YEARS R/AT VADDARAHALLI VILLAGE, KASABA HOBLI MALAVALLI TALUK MANDYA DISTRICT – 571 424.
8. SRI. K. RAVI S/O KRISHNEGOWDA AGED ABOUT 55 YEARS R/AT HARAPPANAHALLI CROSS RANGANATHAPURA POST K.R. PETE TALUK MANDYA DISTRICT – 571 426.
9. SRI. D.T. KRISHNEGOWDA S/O THIMMEGOWDA AGED ABOUT 49 YEARS DODDACHIKKANAHALLI VILLAGE & POST DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT – 571 445.
10. SRI. BOREGOWDA S/O BORALINGEGOWDA AGED ABOUT 52 YEARS R/AT M. SHETTIHALLI VILLAGE SRIRANGAPATTANA TALUK MANDYA DISTRICT – 571 801.
... PETITIONERS (BY SRI. P. ANAND, ADVOCATE) AND:
(COMMON PETITIONERS) 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKER ROAD BANGALORE – 560 052.
2. THE ADDITIONAL REGISTRAR OF CO OP SOCIETIES (DAIRY) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1 ALI ASKER ROAD BANGALORE – 560 052.
3. THE ENQUIRY OFFICER & ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/ MANAGING DIRECTOR KARNATAKA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., ALUR VENKATA RAO ROAD CHAMARAJPET BANGALORE – 560 018.
4. THE MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS’ SOCIETIES UNION LTD., GEJJALAGERE VILLAGE, MADDUR TALUK MANDYA DISTRICT – 571 428 REPRESENTED BY ITS MANAGING DIRECTOR.
(IN W.P.NOS.21593-21602/2019) 5. GOVERNMENT OF KARNATAKA DEPARTMENT OF CO-OPERATION REPT. BY IT’S PRINCIPAL SECRETARY M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU – 560 001.
... RESPONDENTS (R-5 IN W.P.NOS.22584-22593/2019) (BY SRI. H.C. KAVITHA, HCGP FOR R-1, R-2 & R-3;
SRI. J. BHASKAR REDDY, ADVOCATE FOR R-4 (IN W.P. NOs.21593-602/2019) SRI. D.R. RAVISHANKAR, ADVOCATE FOR R-2; SMT. H.C. KAVITHA, HCGP FOR R-1, R-3 & R-5; SRI. H. SHANTHI BHUSHAN, ADVOCATE FOR IMPLEADING APPLICANT ON IA 1/19;
SRI. N. RAMACHANDRA, ADVOCATE FOR IMPLEADING APPLICATION ON IA 4/19 (IN W.P.NOs. 22584-593/2019) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED: 03.05.2019 ISSUEDBY THE R-2 VIDE ANNX-J, J1 AND J8 AND QUASH THE IMPUGNED ORDER DATED: 22.05.2019 PASSED BY THE R-2 (VIDE ANNX-M, M1 & M2) RESPECTIVELY.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Advocate appearing for petitioners has filed a memo seeking leave of the Court to withdraw these petitions on the ground that during the pendency of the writ petitions, Co-operative Election Authority has notified election to the Board of Management of respondent No.4- The Mandya District Co-operative Milk Producers’ Societies Union Ltd., and also on the ground that order dated 22.05.2019 passed by respondent No.2 being appealable under Section 106 of the Karnataka Co-Operative Societies Act, 1959 petitioners are availing said alternate statutory remedy available under the Act.
In the light of said memo filed by petitioners, these writ petitions are dismissed as withdrawn and petitioners would be at liberty to avail alternative remedy. No opinion is expressed on merits of the case.
Contentions of both parties are kept open.
All pending applications stands consigned to records.
SD/- JUDGE RU