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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

WRIT PETITION No.2431 OF 2021 (CS-RES)

BETWEEN :

1.

SMT. VIJAYALAKSHMI

W/O P. SATHYANARAYANA

AGED AOUT 71 YEARS

PRESIDENT

SHABAL MILK PRODUCERS

WOMEN CO-OPERATIVE SOCIETY LTD

MIRALE HOBLI

K.R.NAGAR TALUK-571 602

MYSORE DISTRICT

2.

SRI. M. MANJUNATH

S/O LATE D. MARISWAMY

AGED ABOUT 47 YEARS

PRESIDENT

CHINNAMBALLI MILK PRODUCERS

CO-OPERATIVE SOCIETY LTD

BILEGERE HOBLI

NANJANAGUDU TALUK-571 301

MYSORE DISTRICT

3.

SRI. K.B. PRABHAKAR

S/O S. BORE GOWDA

AGED ABOUT 65 YEARS

PRESIDENT

KETHUPURU MILK PRODUCERS

CO-OPERATIVE SOCIETY

KETHUPURU VILLAGE

T.NARASHIPURA TALUK-571 110

DISTRICT MYSORE

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4.

SRI. H. THEJASWI

(THEJASVI V.H. GOWDA)

S/O V.H. GOWDA

AGED ABOUT 51 YEARS

DIRECTOR

SHIRANAHUNDI MILK PRODUCERS

CO-OP SOCIETY,

SHIRANAHUNDI VILLAGE

ANTHARA SANTHE POST

H.D. KOTE TALUK-571 114 &PETITIONERS

(BY PROFESSOR. RAVI VARMA KUMAR, SENIOR CONSEL FOR

SHRI. K.C. SHANTHAKUMAR, ADVOCATE)

AND :

1.

THE STATE OF KARNATAKA

DEPARTMENT OF CO-OPERATION

REP. BY ITS PRINCIPAL SECRETARY

M.S. BUILDINGS, AMBEDKAR VEEDI

BANGALORE-560 001

2.

THE REGISTRAR OF

CO-OPERATIVE SOCIETIES

ALI ASKER ROAD

BANGALORE-560 001

3.

THE JOINT REGISTRAR

CO-OPERATIVE SOCIETIES

MYSORE DIVISION

MYSORE-570 011

4.

THE MYSORE DISTRICT

CO-OPERATIVE MILK PRODUCERS

SOCIETIES UNION LTD

MALE MADESHWAR ROAD

MYSORE-570 011

BY ITS ADMINISTRATOR

5.

THE MYSORE DISTRICT

CO-OPERATIVE MILK PRODUCERS

SOCIETIES UNION LTD

MALE MADESHWAR ROAD

3

MYSORE-570 011

REP. BY ITS MANAGING DIRECTOR

6.

SMT. J. SUNITA VEERAPPAGOWDA

W/O VEERAPPAGOWDA

AGED ABOUT 62 YEARS

BANNUR

T.NARASIPURA TALUK-571 124

MYSORE DISTRICT ... RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3;

SHRI. JAYAKUMAR S. PATIL, SENIOR CONSEL FOR

SHRI. PRUTHVI WODEYAR, ADVOCATE FOR R4 & R5;

SHRI. VARUN J. PATIL, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

RECORDS PERTAINING TO APPEAL NO.163/2020-21 ON THE FILE OF

R2 AND DIRECT THE R-2 TO DISPOSE THE APPEAL NO.163/2020-21

AS EARLY AS POSSIBLE AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Heard Professor Ravi Varma Kumar, learned Senior

Advocate for petitioners, Smt.Niloufer Akbar, learned AGA for

respondents

No.1

to

3,

Shri

Jayakumar

S.Patil,

learned Senior advocate for respondents No.4 and 5 and

Shri Varun J.Patil, learned advocate for respondent No.6.

2. This petition is presented with a prayer inter alia to

direct second respondent to dispose of appeal No.163/2020-21.

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3.

It is submitted by Shri Ravi Varma Kumar, learned

Senior Advocate that third respondent got himself appointed as

an administrator of fourth respondent. Thereafter, he has

amended the bye-laws. By order dated 18.09.2020 (Annexure-

A), Election Commission has appointed the Returning Officer.

Petitioners have challenged the amendment to bye-laws in appeal

No.163/2020-21 pending before second respondent. He prayed

that second respondent may be directed to dispose of the appeal

at the earliest and till the disposal of appeal, third respondent

may be directed not to take any precipitative action

4.

Shri Jayakumar Patil, learned Senior Advocate

submitted that under Section 12(6) of the Karnataka Co-

operative Societies Act, a Joint Registrar can amend the bye-

law. He further submitted that since the statute provides for

amendment, notwithstanding the contentions raised in the

appeal, the election process cannot be stopped.

5. Learned AGA submitted that appeal is posted for

orders on 15.02.2021.

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6.

Admittedly, the appeal is posted for pronouncement

of orders on the interim applic