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2023 Supreme(Online)(Kar) 35772
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.58900/2015 (CS-EL/M)
BETWEEN:
Sri S.M. Patil S/o M.A. Patil,
Aged about 63 years,
President Kalpatharu Coir Products,
Producers & Marketing Co-operative Society Limited,
Sangolli Rayanna Colony,
Vijaapura – 586 109.
.... Petitioner
(By Sri R.S. Ravi. Advocate)
AND:
1.
The Co-Operative Election Commissioner,
BMTC Building, 3rd Floor,
K.H.Road, Shanthinagar,
Bengaluru – 560 027.
2.
The Regional Commissioner,
Bengaluru Division, Bengaluru &
District Election Officer,
Karnataka Coir Co-Operative Federation,
Bengaluru – 560 027.
3.
The Deputy Registrar of Co-operative Societies,
Mysuru District,
Government offices building,
New Sayyaji Rao Road, Mysuru – 570 024.
2
4.
The Karnataka State Coir
Co-Operative Federation Limited,
No.953/A, 2nd Main Road,
4th Block, Rajajinagar,
Bengaluru – 560 010.
Rep. by its Managing Director.
5.
Suryodhaya Coir
Industries Co-Operative Society Limited,
No.69/2, Belavadi Post,
Mysuru – 571 186
Rep. by its Secretary.
6.
Sri S.R.Narayana Rao
S/o Late S.K. Raja Rao
Aged Major,
R/at. No.67, Krishna Farm,
Hunsur Road, Hootagalli,
Belavadi Post, Mysuru – 570 018.
7.
The Assistant Commissioner,
Bengaluru South Sub Division,
Bengaluru & Returning Officer,
The Karnataka State Coir
Co-operative Federation Limited,
Bengaluru – 560 0027.
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R3;
Notice to R1, R4, R6 & R7 are served)
This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to issue a writ in the
nature of certiorari or mandamus or any other appropriate
writ or direction i) to quash the order dated 10.12.2015,
made
in
No.Chunavane.Viva/37(B12)/2014-15
(¸ÀASÉå
ZÀÄ£ÁªÀuÉ.«ªÀ/37(©12)/2014-15), vide Annexure-E., ii) Restrain
the 6th respondent from participating in the election of
Board of Directors of 4th respondent, which is scheduled to
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be held on 31.12.2015, pursuant to the calendar of events
dated 16.12.2015 made in No.30/15-16 issued by the 7th
respondent vide Annexure-F and etc.
This writ petition coming on for Orders, this day, the
court made the following:-
Headnote:
Fact of the Case:
The petitioner challenged the order dated 10.12.2015 pertaining to the election to be held to the Managing Committee of Karnataka State Coir Co-operative Federation limited. The election was scheduled to be held on 19.09.2015.
Finding of the Court:
The court dismissed the writ petition as infructuous since the election scheduled in the year 2015 is already held and tenure is also completed.
Final Decision: The writ petition is dismissed as infructuous.
Learned Additional Government Advocate accepts
notice on behalf of respondents No.3.
In this case the petitioner has questioned the
order dated 10.12.2015 pertaining to the election to be
held to the Managing Committee of Karnataka State Coir
Co-operative
Federation
limited.
The
election
was
scheduled to be held on 19.09.2015.
The prayer is also to restrain the sixth
respondent from participating in the election to the Board
of Directors of fourth respondent. Since the election
scheduled in the year 2015 is already held and tenure is
also completed, nothing survives for consideration in this
writ petition.
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Accordingly, the writ petition is dismissed as
infructuous.
Sd/-
JUDGE
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