G T Prasanna vs the State of Karnataka

G T Prasanna vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Mar 28, 2024

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Citation: sooperkanoon.com/1892456
Court: Karnataka Orders High Court
Judge: Anant Ramanath Hegde
Decided On: Mar 28, 2024
Case Number: RP/106/2024

Parties & Advocates

Appellant / Petitioner

G T Prasanna

Respondent

The State of Karnataka

Excerpt

.....societies, chickmagaluru district, chickmagaluru.7. office of the primary agricultural credit co-operative society (regd), kudhuvalli, under the kcs act 1959, chikamagaluru taluk and district society rep. by its secretary (ceo). …respondents(by sri t l kiran kumar, advocate for r2, sri b j eshwarappa, aga for r1, r3 to r6) this review petition is filed under order 47 rule 1 r/w section 114 of cpc, praying to:(a) review the order dated 19/02/2024 passed in writ petition no.1686/2024 vide annexure-a.(b) pass such other orders as may be appropriate in the facts and circumstances of the case by allowing this review petition, in the interest of justice and equity. this petition coming on for orders this day the court made the following: -3-order1. heard learned counsel appearing for the review2. the petition was disposed of on the basis of thememo filed by the petitioners wherein, they have stated that the petitioners do not press the writ petition. memo was taken on record and writ petition was dismissed. now, the review petition is filed seeking to review the order.3. this court does not find any error apparent in theorder passed which is pursuant to the memo filed by the4. hence, the review petition is dismissed. dismissalof the review petition will not come in the way of the petitioners raising the election dispute under section 70(2)(c) of the karnataka co-operative societies act, 1959. all contentions are left open.5. in case the election petition is filed by anyone of thepetitioners, the same shall be preferably disposed of within a -4- period of six months from the date of service of notice to the respondents. sd/- judge brn list no.: 1 sl no.: 1

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REVIEW PETITION NO. 106 OF 2024 IN W.P.NO.1686 OF 2024 (CS-ELE) BETWEEN:
1. G T PRASANNA,
S/O THIMMEGOWDA G M, AGED ABOUT 50 YEARS, CO-OPERATIVE SOCIETY LTD (REGD) KUDUVALLI, R/AT KELAGANE VILLAGE, CHIKKAMAGALORE TALUK, CHIKKAMAGALORE DISTRICT - 577133, MEMBERSHIP NO.0902, LEDGER FILE NO: GS 629.
2. GANGADHAR H.A,

S/O HANNUPAJARI, AGED ABOUT 48 YEARS CO-OPERATIVE SOCIETY LTD., (REGD), KUDHUVALLI Digitally signed R/AT HACCHADAMANE VILLAGE, by BELUR CHIKKAMAGALORE TALUK, RANGADHAMA NANDINI CHIKKAMAGALORE DISTRICT - 577 133, Location: HIGH MEMBERSHIP No. 1387 LEDGER FILE No. GS 984 COURT OF KARNATAKA …PETITIONERS (BY SRI H B RUDRESH, ADVOCATE) AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. -2-

2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC A BLOCK, SHANTHI NAGAR, K H ROAD, BANGALORE - 560 027, REPRESENTED BY ITS COMMISSIONER.

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1 ALI ASKER ROAD, BENGALURU - 560 001.

4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKMAGALURU DISTRICT.

5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHIKAMAGALURU SUB-DIVISION, CHIKKAMAGALORE, CHICKMAGALURU DISTRICT.

6. RETURNING OFFICER, SENIOR OFFICE OF THE CO-OPERATIVE SOCIETIES, OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHICKMAGALURU DISTRICT, CHICKMAGALURU.

7. OFFICE OF THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY (REGD), KUDHUVALLI, UNDER THE KCS ACT 1959, CHIKAMAGALURU TALUK AND DISTRICT SOCIETY REP. BY ITS SECRETARY (CEO). …RESPONDENTS

(BY SRI T L KIRAN KUMAR, ADVOCATE FOR R2, SRI B J ESHWARAPPA, AGA FOR R1, R3 TO R6) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO:

(A) REVIEW THE ORDER DATED 19/02/2024 PASSED IN WRIT PETITION NO.1686/2024 VIDE ANNEXURE-A.

(B) PASS SUCH OTHER ORDERS AS MAY BE APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING: -3-

ORDER

1. Heard learned counsel appearing for the review

2. The petition was disposed of on the basis of the

memo filed by the petitioners wherein, they have stated that the petitioners do not press the writ petition. Memo was taken on record and writ petition was dismissed. Now, the review petition is filed seeking to review the order.

3. This Court does not find any error apparent in the

order passed which is pursuant to the memo filed by the

4. Hence, the review petition is dismissed. Dismissal

of the review petition will not come in the way of the petitioners raising the election dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. All contentions are left open.

5. In case the election petition is filed by anyone of the

petitioners, the same shall be preferably disposed of within a -4- period of six months from the date of service of notice to the respondents. Sd/- JUDGE BRN List No.: 1 Sl No.: 1

Same Court & Year Karnataka Orders · 2024 Same Parties G T Prasanna vs The State of Karnataka Same Judge Anant Ramanath Hegde

Co-operative society Election Commission In the interest of Returning Officer Election dispute high court The State