Karnataka High Court
Sri. Naveen Das vs The Primary Agricultural Credit Co ... on 3 March, 2025
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NC: 2025:KHC:9301-DB
WA No. 245 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 245 OF 2025 (CS-EL/M)
BETWEEN:
1. SRI NAVEEN DAS
S/O. D. SUNDARDAS
AGED ABOUT 39 YEARS
DIRECTOR, PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIETY LTD.
(P.A.C.C.S.,) ANTHARASANTHE
H.D. KOTE TALUK
MYSORE - 571 114.
Digitally 2. LOLAMMA
signed by H
K HEMA LATE RAJANNA
Location: AGED ABOUT 70 YEARS
High Court
of R/AT ANTHARASANTHE
Karnataka
MYSORE - 571 114.
3. YASHOHDAMMA
W/O. LATE MAHADEVAPPA
AGED ABOUT 73 YEARS
R/AT ANTHARASANTHE, H.D. KOTE
MYSORE - 571 114.
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NC: 2025:KHC:9301-DB
WA No. 245 of 2025
4. SRIDHARA
S/O. A.L. PUTTANNA
AGED ABOUT 45 YEARS
R/AT ANTHARASANTHE
H.D. KOTE,
MYSORE - 571 114.
5. PAVI KUMAR
S/O. JAYANNA
AGED ABOUT 37 YEARS
R/AT NO.469, ANTHARASANTHE
MYSORE - 571 114.
6. SUNDARA
S/O. ANKEGOWDA
AGED ABOUT 65 YEARS
R/AT ANTHARASANTHE
H.D. KOTE, MYSORE - 571 114.
7. G.C. NARASIMHE GOWDA
S/O. G.S. CHELUVEGOWDA
AGED ABOUT 62 YEARS
R/AT ANTHARASANTHE, H.D.KOTE
MYSORE - 571 114.
...APPELLANTS
(BY MS. NANDINI G.S., ADVOCATE FOR
SRI RAJENDRA KUMAR SUNGAY T.P., ADVOCATE)
AND:
1. THE PRIMARY AGRICULTURAL
CREDIT CO OPERATIVE SOCIETY LTD.
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NC: 2025:KHC:9301-DB
WA No. 245 of 2025
ANTARSANTE, H.D. KOTE
MYSORE DISTRICT - 571 125
REPRESENTED BY ITS PRESIDENT
REGISTERED UNDER KARNATAKA
CO-OPERATIVE SOCIETIES ACT, 1959.
2. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
VIKAS SOUDHA, BANGALORE - 560 001
REP. BY ITS SECRETARY.
3. THE REGISTRAR CO-OPERATIVE SOCIETIES
NO.1, ALI ASKER ROAD
BANGALORE - 560 052.
4. THE STATE CO-OPERATIVE
ELECTION AUTHORITY
3RD FLOOR, TTMC A BLOCK
K.H. ROAD, SHANTINAGAR
BANGALORE - 560 027
REPRESENTED BY ITS SECRETARY.
5. THE DISTRICT ELECTION
OFFICER AND ALSO DEPUTY REGISTRAR
CO-OPERATIVE SOCIETIES
MYSORE DISTRICT - 571 125.
6. THE RETURNING OFFICER
PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LTD.
ANTARSANTE, H.D. KOTE
MYSORE DISTRICT - 571 125.
7. THE VOTER LIST SCRUTINY
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NC: 2025:KHC:9301-DB
WA No. 245 of 2025
OFFICER
PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIETY LTD.
ANTARSANTE, H.D. KOTE
MYSORE DISTRICT - 571 125.
...RESPONDENTS
(BY SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE
ALONG WITH SRI VARUN J. PATIL, ADVOCATE FOR C/R.1;
SRI K.S. HARISH, GOVERNMENT ADVOCATE, FOR R.2 TO 5.)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 01.02.2025, PASSED IN
W.P.NO.658/2025 (CS-EL/M) BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT AND DISMISS THE SAID WRIT
PETITION BY ALLOWING THIS WRIT APPEAL, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
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NC: 2025:KHC:9301-DB
WA No. 245 of 2025
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
The appellants have challenged the order dated 01.02.2025
passed in Writ Petition No.658 of 2025 wherein the following order
has been passed:
"i. The writ petition is allowed.
ii. A writ of mandamus is issued to respondent
No.5-the Returning Officer to continue the
process of election from where it is halted and the
Election Officer to take steps for publication of the
voters list in the manner prescribed under Rule
13-D (3) of Rules and Returning officer to
complete the entire process in accordance with
law.
iii. The non-conduct of the election is due to the
dereliction of the duties by the Election Officer-
respondent No.4 and the Returning Officer, who
was appointed on 30.10.2024 and not due to the
fault on part of the Board of the petitioner-society,
in the peculiar facts and circumstances of the
case, the term of the present Board members to
be continued till the elections are conducted by
the Election Officer and the Returning Officer as
indicated at the operative portion of para No.ii of
the order.
iv. The cost of Rs.50,000/- each is imposed on the
Election Officer-respondent No.4 and the
Returning Officer, who was appointed on
30.10.2024 to be paid from their pocket to the
Karnataka Legal Services Authority within two
weeks from today.
NC: 2025:KHC:9301-DB
v. The application-I.A.No.2/2025 filed for impleading
by the petitioner does not fall for consideration, as
the term of the Board is extended until election is
conducted as indicated at para No.ii of the
operative portion.
vi. I.A.No.1/2025 for impleading is disposed of with
liberty to avail the remedy as available under law."
2. Appellant No.1 is said to be a Director of first respondent -
Society and other appellants are Members of the Society. In this
appeal they have challenged the manner in which the election is
being conducted to the first respondent-Society.
3. Admittedly, the election process has already commenced
and the calendar of events has been published. Under the said
circumstances, we are of the opinion that it is not a fit case to
interfere in the election process.
4. If the appellants are aggrieved with the election process, they
are always at liberty to file necessary election petition before the
appropriate Authority and challenge the same. No extra ordinary
grounds are made out as to why this Court has to show any
indulgence in interfering with the election process that has already
commenced.
NC: 2025:KHC:9301-DB
5. For the aforementioned reasons, the writ appeal being
devoid of merits, is hereby dismissed.
Pending interlocutory applications, if any, stand disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
