Karnataka High Court

Byalahalli M Govinde Gowda vs Akram Pasha on 25 March, 2025

                                                -1-
                                                          NC: 2025:KHC:12464-DB
                                                           WA No. 180 of 2025
                                                       C/W CCC No. 810 of 2024
                                                           WA No. 208 of 2025


                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 25TH DAY OF MARCH, 2025

                                             PRESENT

                           THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                               AND
                              THE HON'BLE MR. JUSTICE K. V. ARAVIND

                               WRIT APPEAL No. 180 OF 2025 (CS-RES)
                                               C/W
                              CIVIL CONTEMPT PETITION No. 810 OF 2024
                               WRIT APPEAL No. 208 OF 2025 (CS-RES)

                   IN WA No. 180/2025

                   BETWEEN:

                   1.   BYAHALLI M. GOVINDEGOWDA,
                        SON OF LATE MULBAGALAPPA,
                        AGED ABOUT 58 YEARS,
                        PRESIDENT
                        KOLAR & CHIKBALLAPURA DISTRICT,
Digitally signed        CO-OPERATIVE CENTRAL BANK LTD.,
by VALLI
MARIMUTHU               KOLAR- 563101.
Location: HIGH                                                     ...APPELLANT
COURT OF
KARNATAKA          (BY SRI PRABHULING K. NAVADAGI, SENIOR ADVOCATE AND
                   SRI M.R. RAJAGOPAL, SENIOR ADVOCATE A/W
                   SRI H. N. BASAVARAJU, ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA,
                        DEPARTMENT OF CO-OPERATION,
                        M.S. BUILDING,
                        BENGALURU-560001.
                        REPTD. BY ITS CHIEF SECRETARY.
                            -2-
                                       NC: 2025:KHC:12464-DB
                                     WA No. 180 of 2025
                                 C/W CCC No. 810 of 2024
                                     WA No. 208 of 2025


2.   CO-OPERATIVE ELECTION COMMISSIONER,
     CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, SHANTHINAGAR BUS STOP,
     BANGALORE-560 027.

3.   THE DEPUTY COMMISSIONER CUM
     DISTRICT FEDERAL CO-OPERATIVE
     ELECTION OFFICER,
     KOLAR DISTRICT -563131.

4.   RETURNING OFFICER,
     KOLAR AND CHIKBALLAPURA DISTRICT
     CO-OPERATIVE CENTRAL BANK LTD,
     KOLAR- 563101.

5.   KOLAR & CHIKBALLAPURA DISTRICT
     CO-OPERATIVE CENTRAL BANK LTD.,
     KOLAR-563101,
     BY ITS CHIEF EXECUTIVE OFFICER.

6.   JAGADISH. M.,
     CO-OPERATIVE DEVELOPMENT OFFICER,
     OFFICE OF DEPUTY REGISTRAR,
     KOLAR DISTRICT CUM
     ASSISTANT RETURNING OFFICER,
     KOLAR AND CHIKBALLAPURA DISTRICT
     CO-OPERATIVE CENTRAL BANK LTD.,
     KOLAR- 563101.
                                            ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG A/W
SRI NAVEEN CHANDRASHEKAR, AGA FOR R1, R3 & R4;
SRI RAMESH T.R., ADVOCATE FOR R2)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED
29/01/2025 PASSED IN WP No.20454/2023. CONSEQUENTLY, PASS
AN APPROPRIATE ORDER DIRECTING THE RESPONDENTS TO
COMPLETE THE ELECTION PROCESS IN COMPLIANCE WITH
DIRECTIONS ISSUED DATED 03/07/2024 PASSED IN WP
No.20454/2023.
                            -3-
                                   NC: 2025:KHC:12464-DB
                                     WA No. 180 of 2025
                                 C/W CCC No. 810 of 2024
                                     WA No. 208 of 2025


IN CCC No. 810/2024

BETWEEN:

1.   BYALAHALLI M. GOVINDE GOWDA,
     S/O LATE MULBAGALAPPA,
     AGED 60 YEARS,
     EX-PRESIDENT,
     KOLAR AND CHIKKABALLAPURA DISTRICT
     CO-OPERATIVE CENTRAL BANK LTD.,
     R/O BYALAHALLI, KOLAR 563101.
                                          ...COMPLAINANT

(BY SRI DEVI PRASAD SHETTY, ADVOCATE)

AND:

1.   AKRAM PASHA,
     S/O NOT KNOWN TO THE COMPLAINANT,
     AGED ABOUT 55 YEARS,
     DEPUTY COMMISSIONER / DISTRICT FEDERAL
     CO-OPERATIVE ELECTION OFFICER,
     KOLAR CHIKKABALLAPURA DISTRICT
     CO OPERATIVE CENTRAL BANK LTD.,
     KOLAR, KOLAR DISTRICT-563101.

2.   STATE OF KARNATAKA,
     DEPARTMENT OF CO-OPERATION,
     M.S.BUILDING,
     BENGALURU-560 001.
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY.
                                              ...ACCUSED

(BY SMT. PRATHIMA HONNAPURA, AAG A/W
SRI NAVEEN CHANDRASHEKAR, AGA)


     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, PRAYING
TO SECURE THE PRESENCE OF THE ACCUSED AND PUNISH THE
ACCUSED FOR COMMITTING CONTEMPT OF COURT AND FOR
                             -4-
                                      NC: 2025:KHC:12464-DB
                                       WA No. 180 of 2025
                                   C/W CCC No. 810 of 2024
                                       WA No. 208 of 2025


WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS
HON'BLE COURT IN W.P.No.20454/2023 DATED 03.07.2024.

IN WA No. 208/2025

BETWEEN:

1.   RAMAPURA VYVASAYA SEVA SAHAKARA
     SANGHA NIYAMITH RAMAPURA,
     GOURIBIDANUR TALUK,
     CHIKKABALAPURA DISTRICT,
     REPRESENTED BY ITS DIRECTOR,
     SRI HANUMANTHA REDDY,
     S/O LATE RAMAIAH,
     AGE 66 YEARS,
     AND ALSO DIRECTOR,
     KOLAR-CHIKKABALAPUR DISTRICT,
     CENTRAL CO-OPERATIVE BANK,
     KOLAR DISTRICT, KOLAR,
     REGISTERED UNDER THE KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1956.
                                               ...APPELLANT

(BY SRI PRABHULING K. NAVADAGI, SENIOR ADVOCATE AND
SRI M.R. RAJAGOPAL, SENIOR ADVOCATE A/W
SRI P. ANAND, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     DEPARTMENT OF CO-OPERATION,
     M.S. BUILDING,
     BENGALURU-560001.
     REPTD. BY ITS CHIEF SECRETARY.

2.   STATE CO-OPERATIVE ELECTION AUTHORITY,
     CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, SHANTHINAGAR BUS STOP,
     BANGALORE-560 027.
     REPRESENTED BY ITS SECRETARY.
                             -5-
                                        NC: 2025:KHC:12464-DB
                                      WA No. 180 of 2025
                                  C/W CCC No. 810 of 2024
                                      WA No. 208 of 2025


3.   THE DEPUTY COMMISSIONER
     CUM DISTRICT ELECTION OFFICER,
     KOLAR DISTRICT -563131.

4.   ASSISTANT COMMISSIONER
     /RETURNING OFFICER,
     KOLAR CHIKBALLAPURA DISTRICT
     CO-OPERATIVE CENTRAL BANK LTD.,
     KOLAR- 563101.

5.   KOLAR CHIKBALLAPURA DISTRICT
     CO-OPERATIVE CENTRAL BANK LTD.,
     KOLAR-563101.
     BY ITS CHIEF EXECUTIVE OFFICER/
     MANAGING DIRECTOR,
     REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959.
                                             ...RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, AAG A/W
SRI NAVEEN CHANDRASHEKAR, AGA FOR R1, R3 & R4)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER ON IA No.1/2024 PASSED BY THE LEARNED SINGLE
JUDGE DATED 29.01.2025 IN WP No. 23677/2023 (MAIN PETITION
ON 20454/2023.   PASS ANY APPROPRIATE OR ORDERS OR
DIRECTIONS AS THIS HON'BLE COURT DEEMED FIT AND PROPER
IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND
CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE
RESPONDENTS IN IA No. 1/2024, AND ALLOW THIS WRIT
PETITION, IN THE ENDS OF JUSTICE AND EQUITY.

      THESE APPEALS AND CCC COMING ON FOR FINAL
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
                                 -6-
                                         NC: 2025:KHC:12464-DB
                                          WA No. 180 of 2025
                                      C/W CCC No. 810 of 2024
                                          WA No. 208 of 2025


CORAM:    HON'BLE THE CHIEF JUSTICE MR. JUSTICE
          N. V. ANJARIA
          and
          HON'BLE MR JUSTICE K. V. ARAVIND

                        ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

For the purpose of holding elections to respondent No.5-

Kolar & Chikkaballapura District Co-operative Central Bank Ltd.,

extension of four months was granted by learned Single Judge

as per his order dated 29.01.2025. This aspect was recorded in

the order dated 04.03.2025.

2. At the same time, learned Additional Advocate General

Smt. Prathima Honnapura made the submission, which was

recorded, that the elections would be conducted within the

extended time. She had also assured the court that she will

take instructions and also will produce the election programme

on the next date.

3. Today, when the appeal came up for consideration,

learned Additional Advocate General rendered the memo dated

25.03.2025 along with which, she produced calendar of events

NC: 2025:KHC:12464-DB

for the conduct of the general elections to the said Co-operative

Central Bank.

3.1 The election programme is as under,

"SCHEDULE

CALENDAR OF EVENTS FOR CONDUCT OF GENERAL ELECTIONS TO BOARD OF DIRECTORS FOR DISTRICT COOPERATIVE CENTRAL BANK, KOLAR

Sl. Date & Day Event No. 1 28th March 2025 Submission of Draft Voter list by Friday the Managing Director, DCC Bank.

      2          07th April 2025    Draft Publication of Voter List by
                     Monday                        DEO
      3          12th May 2025      Final Publication of Voter List by
                     Monday                        DEO
      4          12th May 2025         Issue of Notification by the
                     Monday                 Returning Officer
      5         20th May 2025            Last date for receipt of
                    Tuesday                    nominations
      6          21st May 2025           Scrutiny of nominations
                  Wednesday
      7         23rd May 2025         Withdrawal of nominations
                      Friday
      8          28th May 2025         Date of Poll & Counting
                  Wednesday          (Between 9 am and 4 p.m.)
      9          29th May 2025     Date before which election to be
                    Thursday                 completed



                                               Deputy Commissioner &
                                               District Election Officer,
                                              and Deputy Commissioner,
                                                 Kolar District, Kolar"

3.2 In view of the above, the election process is scheduled to

start on 28.03.2025, which is the date stated for submission of

NC: 2025:KHC:12464-DB

draft voter list. The various stages in the election programme

are provided and the date of polling is fixed to be 28.05.2025.

4. In the aforesaid view, since the respondents have

initiated the steps by announcing the election programme and

that the elections are imminent, they will proceed to hold the

election according to the programme. The present appeal

therefore does not survive. The respondents shall adhere to

the election stages as announced by them.

5. In view of the above order, Writ Appeal Nos.180 of 2025