Karnataka High Court
Sri. Ramesh Rao U vs Sri. C.G.Balachandra Gowda on 19 January, 2021
Author: Satish Chandra Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE V.SRISHANANDA
WRIT APPEAL NO.1089/2019 (CS-EL/M)
BETWEEN:
1. SRI. RAMESH RAO U
MAJOR,
S/O LATE VASUDEVA A.U
RESIDING AT 3-125/6(2), MARAKADA,
RAMA NAGAR, KUNJATHBAIL, MANGALURU,
POST KUNJATHBAIL-575015
DAKSHINA KANNADA DISTRICT
2. SRI. GANESH RAO MULKI
MAJOR
S/O KOTEKAR SHANRAYYA ACHARYA,
RESIDING AT DOOR NO.11-94,
MATHRU SMARTHI 26,
SARASWATHI COLONY,
POST KOTEKAR-575022,
SOMESHWARA VILLAGE,
MANGALURU TALUK
D.K.DISTRICT
3. SRI. RAMESH ACHAR K.,
MAJOR
S/O LATE KOGGA ACHAR,
RESIDING AT DOOR NO.7-3-234,
"AKSHAYA", MATADAKANI CROSS ROAD,
BOLOOR VILLAGE, POST ASHOK NAGAR-575006
MANGALURU TALUK
D.K.DISTRICT
2
4. MR. NAGARAJA K.R.
MAJOR
S/O RAMESH ACHAR K,
RESIDING AT DOOR NO.7-3-234,
"AKSHAYA", MATADAKANI CROSS ROAD,
BOLOOR VILLAGE,
POST: ASHOK NAGAR-575006
MANGALURU TALUK
D.K.DISTRICT
5. SRI. DHANANJAYA ACHARYA. K
MAJOR,
S/O CHANDRAYYA ACHARYA K.
RESIDING AT NEAR KARAYA GORADI HOUSE,
KARAYA POST, BELTHANGADY TALUK-574326
6. SMT. GEETHA HARISH
MAJOR,
W/O HARISHCHANDRA ACHARAYA.S
RESIDING AT F.NO.202, "SHRI HARI",
SANTHOSH APARTMENT,
KODIKAL CROSS, DEREBAIL,
POST: ASHOK NAGARA,
MANGALURU, D.K.DISTRICT-575006
7. SRI. GANESH ACHARYA
MAJOR,
S/O PRABHAKAR ACHARYA,
RESIDING AT "GURU ANUGRAHA"
NEAR SNEHA CATERING,
NEAR KEDAMBODI,
POST SURATHKAL,
MANGALURU TALUK-575014
8. SRI. RAJESH S.P.
S/O PURUSHOTHAMA ACHAR,
MAJOR,
RESIDING AT DOOR NO.2-7-460,
"SNEHA NILAYA", 7TH CROSS ROAD,
NEAR GOVT PRIMARY SCHOOL,
BEJAI VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT-575004
3
9. SMT. ASHA VISHWANATH
MAJOR,
W/O VISHWANATHA ACHARYA,
RESIDING AT DOOR NO.8-52/2,
VIGNESH NILAYA, KATLA IDYA VILLAGE,
SURATHKAL, MANGALURU TALUK,
D.K.DISTRICT-575014
10. SRI. YOGISH ACHAR B.
MAJOR,
S/O KRISHNAYYA ACHAR,
"SWARNAGIRI NILAYA", KUVETTU VILLAGE,
BELTHANGADY TALUK, D.K.DISTRICT-574214
11. SRI. PRASAD ACHARYA
MAJOR,
S/O LATE HARISHCHANDRA ACHARYA,
RESIDING AT 4J M 105, "HARI KALA NIVAS",
DURGA NAGARA, KONJURU ELLUR VILLAGE
12. SRI. PRAKASH ACHAR
MAJOR,
S/O LATE VYASARAYA ACHAR,
RESIDING AT DOOR NO.19-64,
MADHAVA NAGARA,
KODAVOOR VILLAGE, KODAVOOR POST,
UDUPI TALUK AND DISTRICT-556106
13. SMT. DIVYA POOJARI
MAJOR,
W/O BALAKRISHNA POOJARY,
RESIDING AT 'MATHRUCHAYA',
ULLANJE, MENNABETTU,
KINNIGOLI, MANGALURU TALUK-574150
...APPELLANTS
(BY SRI.P.P.HEGDE, ADV.,)
AND:
1. SRI. C.G.BALACHANDRA GOWDA
S/O LATE C. GANGAIAH
AGED ABOUT 46 YEARS
R/A NO 146, 17TH CROSS,
13TH MAIN , MALLESHWARAM
BENGALURU - 560055
4
2. SMT.K.P.VIMALAKSHI
W/O C.G. VIJAYA KUMAR
AGED ABOUT 46 YEARS
R/A NO 146, 17TH CROSS,
13TH MAIN , MALLESHWARAM
BENGALURU - 560055 BENGALURU CITY
3. THE UNION OF INDIA
REPRESENTED BY THE
SECRETARY TO ITS
PARLIAMENTARY AFFAIRS
PARLIAMENT HOUSE,
NEW DELHI - 110001
4. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
DR B.R.AMBEDKAR VEEDHI
BENGALURU- 560001
5. THE STATE CO-OPERATIVE
ELECTION AUTHORITY
3RD FLOOR, A BLOCK,
SHANTHI NAGAR, TTMC BUILDING,
KHB ROAD,
BENGALURU - 560002
6. JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES
(URBAN BANK DIVISION) (KANUNU KOSHA)
OFFICE OF CO-OPERATIVE SOCIETIES REGISTRAR,
NO 1, ALI ASKAR ROAD,
BENGALURU - 560052
7. ELECTION OFFICER AND JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES (KANUNU KOSHA)
OFFICE OF CO-OPERATIVE SOCIETIES REGISTRAR,
NO 1, ALI ASKAR ROAD,
BENGALURU - 560052
8. THE JANATHA CO-OPERATIVE BANK LTD
NO 156, 8TH MAIN, 17TH CROSS
MALLESHWARAM,
BENGALURU - 560055
REPRESENTED BY ITS
GENERAL MANAGER / CHIEF OFFICER
5
9. RETURNING OFFICER
THE JANATHA CO-OPERATIVE BANK LTD
NO 156, 8TH MAIN, 17TH CROSS
MALLESHWARAM,
BENGALURU - 560055
10. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
DAKSHINA KANNADA DISTRICT,
JANATHA BAZAR BUILDING,
GAPANATHI HIGH SCHOOL ROAD,
HAMPANKATTA, MANGALURU-575001
11. SOUTH KANARA GOLDSMITH INDUSTRIAL
CO-OPERATIVE SOCIETY (REGD)
ADMINISTRATIVE OFFICE: KOTTAR,
CHOWKI, MANGALURU-575006
12. SMT. THRIVENI RAO K.,
RETURNING OFFICER,
SOUTH KANARA GOLDSMITH
INDUSTRIAL CO-OPERATIVE SOCIETY (REGD)
KOTTARA CHOWKI, MANGALURU-5 AND
CO-OPERATIVE DEVELOPMENT OFFICER,
BANTWAL TALUK
13. SRI.B.M.RAVINDRA ACHARYA
MAJOR
14. SRI.K. YAJNESHWARA ACHARYA
MAJOR
15. SMT. ROHINI
MAJOR
16. SRI.A.ANANDA ACHAR
MAJOR
17. SRI.S. RAMESH ACHAR
MAJOR
18. SRI BIKADI JANARDHANA ACHARYA
MAJOR
19. SRI.Y.V.VISHWAJNAMOORTHY
MAJOR
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20. SRI.K.RAMESH ACHAR
MAJOR
21. SRI.K. GOPALAKRISHNA ACHARYA
MAJOR
22. SRI.P.UPENDRA ACHARYA
MAJOR
23. SRI.K.JAYA ACHAR
MAJOR
24. SRI. SHASHIKANTH ACHARYA K
MAJOR
25. SMT. JYOTHI
MAJOR
(FATHER'S NAME R10 TO R25
IS NOT KNOWN TO THE APPELLANTS)
DIRECTORS OF SOUTH KARNATAKA
GOLDSMITH INDUSTRIAL
CO-OPERATIVE SOCIETY LTD.,
ADMINISTRATIVE OFFICE
KOTTARA CHOWKI,
ASHOK NAGARA POST,
MANGALURU-575006
... RESPONDENTS
(BY SRI.RAJASHEKARAIAH, CGC FOR R3
SRI.G.CHANDRASHEKARAIAH, ADV. FOR R11
SRI.LAXMINARAYAN, AGA FOR R4, R6, R7 AND R10
SRI.G.V.SHASHIKUMAR, ADV. FOR R5
R1 SERVICE HELD SUFFICIENT V.O. DT: 18.09.2019
R2, R8, R9, R12, R25 ARE SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO (A) SET ASIDE THE INTERIM
ORDER DATED 26/12/2018 AND CLARIFICATION ORDER DATED
18/01/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP NOS.57154-
57155/2018 AND ETC.,
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS
DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ appeal is arising out of an interim order
dated 26.12.2018 and clarification order dated 18.01.2019
passed by the learned Single Judge in W.P.Nos.57154-
55/2018.
2. On account of the interim order, elections of the
co-operative societies have already taken place on 29.12.2019
rendering the present appeal as infructuous.
3. Resultantly, the present appeal is disposed of with
liberty to the appellants as well as the respondents to raise all
possible grounds before the learned Single Judge. The
petitioners shall also be free to raise all possible grounds in
respect of the elections held pursuant to the interim order
passed by this Court.
4. It is needless to mention that we have not
observed anything on merits of the case and all issues are left
open. The learned Single Judge is requested to decide the
main writ petition as early as possible preferably within a
period of 60 days from today.
5. The appellants before this Court were not made as
parties in the main writ petition and therefore liberty is
granted to file appropriate application for impleadment. In
case any such application is filed, the same shall be decided in
accordance with law.
In view of disposal of the writ appeal, all applications
also stands disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
TL
