Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11043 OF 2025 (CS-RES) BETWEEN:
1. SRI NAVEENKUMAR S/O LATE BOMMARAYIGOWD AGED ABOUT 53 YEARS,
2. SRI B T RAMACHANDRA S/O LATE BASAVEGOWDA AGED ABOUT 65 YEARS,
3. SMT NAGAMANI
W/O ABHIMANYU AGED ABOUT 60 YEARS, Digitally signed DIRECTOR THATTEKERE PACCS by SHWETHA RAGHAVENDRA HUNSUR TALUK Location: HIGH COURT OF KARNATAKA 4. SRI T R NAGARAJU S/O LATE RAMEGOWDA AGED ABOUT 56 YEARS,
5. SRI MUDDUBASAVEGOWDA S/O LATE MUDDEGOWDA AGED ABOUT 67 YEARS, -2-
6. SRI KENGEGOWDA S/O KARIGOWDA AGED ABOUT 72 YEARS, …PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, VIKAS SOUDHA BANGALORE-560001 REP BY ITS SECRETARY
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BANGALORE-560052
3. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K H ROAD SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DISTRICT MYSORE-570024
5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSUR SUB DIVISION HUNSUR MYSORE DISTRICT-571105
6. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-571125 -3-
7. THATTEKERE PRIMAY AGRICULTURE CREDIT CO-OPERTIVE SOCIETY LTD THATTEKERE VILLAGE HUNASURU TALUK MYSURU DIST-571105 REPRESENTED BY ITS CEO (REGISTER UNDER THE CO-OPERATIVE SOCIETY ACT, 1960)
8. MYSORE CHAMARAJANAGAR DISTRICT CO OPERATIVE BANK LTD (MCDCC) MYSORE-570001 REP BY ITS MANAGING DIRECTOR / CEO
9. MYSORE CHAMARAJANAGAR DISTRICT CO OPERATIVE BANK LTD (MCDCC) MYSORE-570001 REP BY ITS ADMINISTRATOR
10. RAMESH S/O EREGOWDA AGED ABOUT 55 YEARS THATTEKERE VILLAGE AND POST HANAGODU HOBLI, HUNASURU TALUK, MYSORE DISTRICT-571105
11. NAGARAJU S/O EREGOWDA AGED ABOUT 50 YEARS THATTEKERE VILLAGE AND POST HANAGODU HOBLI, HUNASURU TALUK, MYSORE DISTRICT-571105 (R10 AND R11 IMPLEADED AS PER THE ORDER DATED 02.05.2025) …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1, R2 AND R4 TO R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3; SMT. K.S. ANUSUYA DEVI., ADVOCATE FOR R7; SRI. SANDESH T.B., ADVOCATE FOR R10 AND R11) -4- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS 1 TO 6 TO CONDUCT ELECTIONS TO ELECT THE BOARD OF MANAGEMENT OF THE 7TH RESPONDENT SOCIETY, WHOSE TERM HAS EXPIRED ON 28.02.2025 PURSUANT TO ANNEXURE-B AND ETC. THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
a. Issue a writ in the nature of mandamus directing respondents 1 to 6 to conduct elections to elect the Board of Management of the 7th respondent society, whose term has expired on 28.02.2025 pursuant to Annexure-B and; b. Direct the respondents 1 to 6 to continue the term of the present board of directors till the elections are held and the results are declared for the Board of Management of 7th Respondent society and or Alternatively;
c. Direct the administrator to hold elections for the 7th respondent society immediately and permit the new Board to send its delegate to the 8th Respondent Federal Bank on or before 07.06.2025 to enable them to participate in the said election process by extending the time to send delegate from the 7th respondent society.
d. Grant such other relief/s as deems fit this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. -5-
2. Learned counsel for the petitioner has filed a memo dated 30.06.2025 signed by the counsel for the petitioner which reads as under: Memo for Withdrawal
The petitioners in the above petition seeks the leave of this Hon’ble Court to withdraw the above petition as the prayer sought in the petition has become infructuous in view of the elections held on 26.06.2025 for the Board of Management of Respondent No.9- Federal Bank in the interest of justice and equity.
3. Accepting the memo and submission of learned counsel, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 30