2025 Supreme(Online)(Kar) 439098
THE HIGH COURT OF KARNATAKA
M G UMA
THE AKSHAYA SOUHARDHA CREDIT CO-OPERATIVE LIMITED – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 36480/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
WRIT PETITION NO. 36480 OF 2025 (CS-EL/M)
BETWEEN:
THE AKSHAYA SOUHARDHA CREDIT
CO-OPERATIVE LIMITED, NO.113,
7TH MAIN ROAD, 6TH CROSS,
BSK 1ST STAGE, SRINIVASANAGARA,
BANGALORE - 560 050, UNDER
REGISTRATION CO-OPERATIVE SOCIETY
ACT, REPRESENTED BY ITS SECRETARY
SRI. KAMALESHA G,
S/O V. GANGOJI RAO,
AGED ABOUT 60 YEARS,
R/AT #192/3, 1ST MAIN ROAD, 8TH CROSS, CHAMARAJAPETE, BANGALORE SOUTH - 560 018
…PETITIONER
(BY SRI. VASUDEV G., ADVOCATE FOR SRI. SHARATH S GOWDA., ADVOCATE)
Digitally signed by PRASHANTH
N V AND:
Location: High
Court of 1. THE STATE OF KARNATAKA
Karnataka
DEPARTMENT OF CO-OPERATION,
B.R. AMBEDKAR VEEDHI,
BANGALORE - 560 001 REPRESENTED BY ITS
PRINCIPLE SECRETARY
2. THE DEPUTY COMMISSIONER
AND ELECTION OFFICER OF FEDERATION
OF CO-OPERATIVE SOCIETIES, K.G. ROAD,
BANGALORE - 560 009
3. THE STATE CO-OPERATIVE ELECTION
AUTHORITY, 3RD FLOOR, TTMC A BLOCK,
K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY
4. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD NO.6, 5TH MAIN ROAD, CHAMARAJAPETE, BANGALORE - 560 018 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER UNDER REGISTER CO-OPERATIVE SOCIETY ACT
5. THE RETURNING OFFICER, THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD NO.6, 5TH MAIN ROAD, CHAMARAJAPETE, BANGALORE - 560 018 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 2 & 5, SRI. A. DEVARAJ, ADVOCATE FOR R3 SRI. NATARAJ BABA K., ADVOCATE FOR C/R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2, 4 AND 5 TO INCLUDE THE NAMES OF THE PETITIONER SOCIETY IN THE FINAL ELIGIBLE VOTER LIST AND PERMIT THE PETITIONER TO CASE THEIR VOTE AND TO CONTEST IN THE UPCOMING ELECTION TO R-4 BANK WHICH IS SCHEDULE TO BE HELD ON 7.12.2025 VIDE ANNX-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
Heard Sri. Vasudev G, learned counsel for Sri. Sharath S, Gowda, learned counsel for the petitioner and Sri. Yogesh D Naik, learned Additional Government Advocate for the respondents. Perused the materials on record.
2. Learned Additional Government Advocate for the respondents submits that the election was held on 07.12.2025. As per the interim order dated 04.12.2025, the petitioner was permitted to cast its vote. Accordingly, the petitioner has cast its vote and the same is kept separately. In view of the same, the petition has rendered infructuous.
Accordingly, the petition is dismissed as having rendered infructuous.
Respondent No.5 - Returning Officer is directed to declare the result of the election without counting the vote cast by the petitioner.
The petitioner is at liberty to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, if it is advised to do so.
In view of the dismissal of main petition, pending interlocutory application does not survive for consideration and accordingly, the same is disposed off.
SD/-
(M G UMA)
JUDGE PNV CT:VS List No.: 2 Sl No.: 27