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NC: 2024:KHC-D:8810
WP No. 103382 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 28 DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.103382 OF 2024 (CS-EL/M)
BETWEEN:
THE HANAMASAGAR URBAN
CO-OPERATIVE BANK LTD.,
HANAMASAGAR, TQ: KUSHTAGI,
DIST: KOPPAL,
R/BY ITS CHIEF EXECUTIVE OFFICER.
… PETITIONER
(BY SRI SHIVARAJ P. MUDHOL AND
SRI SHIVANAND MALASHETTI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BENGALURU-580001.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
RD
3 FLOOR, A BLOCK SHANTI NAGAR,
TTMC BUILDING, BENGALURU-560002,
R/BY ITS COMMISSIONER.
BHARATHI
H M
3. THE DEPUTY COMMISSIONER, KOPPAL
Digitally signed by BHARATHI
H M AND ELECTION OFFICER,
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH KOPPAL DISTRICT CO-OPERATIVE
Date: 2024.06.28 13:48:28
+0530
UNION LIMITED, KOPPAL, TQ: KOPPAL,
DIST: KOPPAL, PIN-583277.
4. THE RETURNING OFFICER,
KOPPAL DISTRICT CO-OPERATIVE
UNION LIMITED KOPPAL AND CO-OPERATIVE
SOCIETIES ASSISTANT REGISTRAR, KOPPAL,
TQ: KOPPAL, DIST: KOPPAL, PIN-583277.
5. KOPPAL DISTRICT CO-OPERATIVE
UNION LIMITED, KOPPAL, TQ: KOPPAL,
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NC: 2024:KHC-D:8810
WP No. 103382 of 2024
DIST: KOPPAL, PIN-583277,
R/BY ITS CHIEF EXECUTIVE.
… RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. AVINASH S. MALIPATIL, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO:
1) ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH
THE IMPUGNED ORDER DATED 29/02/2024 IN APPEAL
RD
NO.KAM/APPEAL/01/2023-24 PASSED BY THE 3 RESPONDENT VIDE
ANNEXURE-E, BY ALLOWING THIS WRIT PETITION IN THE INTEREST
OF JUSTICE AND EQUITY.
2) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS NO.2 TO 5 TO ISSUE THE DELEGATES FORM TO
THE PETITIONER SOCIETY AND TO INCLUDE THE NAME OF THE
PETITIONER SOCIETY IN THE FINAL ELIGIBLE VOTER LIST AND
PERMIT THE PETITIONER SOCIETY THROUGH THEIR DELEGATES TO
CAST ITS RESPECTIVE VOTE AND CONTEST IN THE ELECTION TO
TH
THE COMMITTEE OF THE MANAGEMENT OF THE 5 RESPONDENT
SOCIETY SCHEDULED TO BE HELD ON 28/06/2024 AS PER THE
TH
CALENDAR OF EVENTS DATED 07/06/2024 PUBLISHED BY THE 4
RESPONDENT VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE
AND EQUITY.
3) DIRECT THE RETURNING OFFICER TO DECLARE THE
ELECTION RESULTS AFTER COMPLETION OF THE ELECTION PROCESS
BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:8810
WP No. 103382 of 2024
ORDER
Learned counsel Sri Avinash S. Malipatil appearing for
respondent No.5-Society files a memo dated 28.06.2024
along with two documents.
2. Learned counsel submits that election to the
respondent No.5-Society has been concluded as unopposed
and in view of interim order passed by this Court on
19.06.2024, wherein this Court passed an order directing
respondent No.4-Returning Officer to announce the result of
election to the respondent No.5-Society with leave of this
Court. Same will have to be now permitted to be declared.
Hence, respondent No.4-Returning Officer shall declare the
result of the election to the respondent No.5-Socieity held on
28.06.2024.
3. Petition would not survive for consideration. Hence,
petition is disposed of.
Sd/-
JUDGE
CKK
CT:BCK
List No.: 1 Sl No.: 9