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2019 Supreme(Kar) 1867

ALOK ARADHE, N.S.SANJAY GOWDA
SIDDAPPA MADIVALAPPA UGARKHOD, OCC. AGRICULTURE R/O DEGAON, KITTUR – Appellant
Versus
BASAVARAJ KALLAPA KUGATI – Respondent


Advocates Appeared:
For the Petitioner: SRI.A R.HEGDE, SRI ANOOP G.DESHPANDE, AND SRI PRAVEEN.G.KULKARNI, ADVS.
For the Respondent:SRI.F.V.PATIL, ADVOCATE AND SRI NANDISH PATIL, ADV. FOR SRI HEMANTHKUMAR L.HAVARAGI, ADV. SMT. K.VIDYAVATHI, ADDL. ADV. GEN.

JUDGMENT :

The appeals are admitted for hearing. With consent of learned counsel for the parties, same is heard finally.

2. In this intra Court appeal the appellants have assailed validity of the order dated 22.11.2019 passed by the learned Single Judge by which writ petitions preferred by the respondents are allowed and the direction issued by the appellate authority and the Election Officer for enrolling of new members and permitting them to participate in the election of the society has been quashed. The learned Single Judge has further directed the Election Officer to prepare voters list and to conduct the First General Meeting of the Society as expeditiously as possible and hold the elections of the Society on or before 25.12.2019. It is further directed that respondent No.6 to 16 and all others who wish to enroll themselves as members of the Society are at liberty to make an application in accordance with law before the board of the Society.

3. In order to appreciate the appellants’ challenge to the impugned order, few facts need mention which are stated infra;

4. The appellant No.6 submitted an application before the Deputy Registrar of Co-operative Societies, Belagavi to establ

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