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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2021

BEFORE

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

WRIT PETITION NO.51347 OF 2019 (CS EL/M)

BETWEEN:

1.

SRI P. M. SADASHIVAIAH

S/O. LATE P. MUNISWAMY,

AGED ABOUT 56 YEARS,

RESIDING AT SHANKARAPURA VILLAGE,

GUKUNTE POST,

MULBAGAL TALUK,

KOLAR DISTRICT-563 131.

2.

SRI M. A. JOSEPH KUMAR

S/O. ANTHONY SWAMY,

AGED ABOUT 50 YEARS,

RESIDING AT GUKUNTE VILLAGE AND POST,

MULBAGAL TALUK,

KOLAR DISTRICT-563 131.

... PETITIONERS

(BY SRI S. VISWESWARAIAH, ADV.)

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF CO-OPERATIVE,

M.S. BUILDING,

DR. AMBEDKAR VEEDHI,

BENGALURU-560 001.

2.

THE DEPUTY REGISTRAR

OF CO-OPERATIVE SOCIETIES,

KOLAR DISTRICT,

KOLAR-563 101.

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3.

THE ASSISTANT REGISTRAR OF

CO-OPERATIVE SOCIETIES,

KOLAR DISTRICT,

KOLAR-563 101.

4.

THE RETURNING OFFICER

GUKUNTE VYVASAYA SEVA

SAHAKARA SANGHA NIYAMITHA,

GUKUNTE, MULBAGAL TALUK AND

SENIOR SUPERVISOR OF

CO-OPERATIVE SOCIETIES,

OFFICE OF THE ASSISTANT REGISTRAR

OF CO-OPERATIVE SOCIETIES,

KOLAR-563 101.

5.

THE SPECIAL OFFICER/ADMINISTRATOR

GUKUNTE VYVASAYA SEVA SAHAKARA

SANGHA NIYAMITHA,

GUKUNTE,

MULBAGAL TALUK,

KOLAR DISTRICT-563 131.

6.

THE CHIEF EXECUTIVE OFFICER

GUKUNTE VYVASAYA SEVA SAHAKARA

SANGHA NIYAMITHA,

GUKUNTE,

MULBAGAL TALUK,

KOLAR DISTRICT-563 131.

... RESPONDENTS

(BY SMT. NILOUFER AKBAR, A.G.A., FOR R-1 TO R-5; &

NOTICE TO R-6 IS DISPENSED WITH VIDE

ORDER DATED 22-1-2021)

* * *

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

ORDER

DATED

3-8-2019

PASSED

BY

RESPONDENT

NO.2

PRODUCED AT ANNEXURE-A TO THE PETITION, AND ETC.

THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

Heard Shri S. Visweswaraiah, learned Advocate for

petitioners, and Smt. Niloufer Akbar, learned Additional

Government Advocate for respondent-State.

2. By order dated 3-8-2019 (Annexure-A), the

Deputy Registrar of Co-operative Societies, Kolar, has

stopped the voting scheduled on 4-8-2019.

3. Learned Advocate for petitioners submitted that

petitioners are the members of Gukunte Vyvasaya Seva

Sahakara Sangha Niyamitha and voting was scheduled on

4-8-2019. Impugned order passed by the Deputy

Registrar is contrary to settled position of law. Therefore,

same is unsustainable.

4. Learned Additional Government Advocate, on

instructions from Sri Siddanagoud Neelappanavar, Deputy

Registrar (in-charge) of Co-operative Societies, Kolar, who

is present in the Court, submitted that since the voters list

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was not correctly prepared, the Deputy Registrar has

rightly stopped the further election process.

5.

Under Rule 14-H(2) of the Karnataka Co-

operative Societies Rules, 1960, election can be stalled

only under extra-ordinary circumstances. Impugned

order does not disclose any such contingency. Therefore,

it is unsustainable by law.

6.

Resultantly, this petition merits consideration

and it is, accordingly, allowed. Order dated 3-8-2019 is

set-aside.

7.

Respondent

No.4-Returning

Officer

shall

continue the election process from the point where it is

stopped and complete the election within a period of sixty

days from the date of receipt of a certified copy of this

order.

No costs.

Sd/-

JUDGE

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