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2025 DIGILAW 752 (KAR)

Bharathi, W/o. Chaluvaraju C. v. Lalithamma K. , W/o. Venkatanayaka

2025-07-03

SURAJ GOVINDARAJ

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ORDER : (SURAJ GOVINDARAJ, J.) 1. Petitioners are before this Court seeking for following reliefs : ''(i) Issue a writ in the nature of CERTIORARI or any other suitable writ or direction to quash the impugned order dated 24.02.2025 passed in COP.REVISION No.34/2024 on the file of THE KARNATAKA APPELLATE TRIBUNAL at Bengaluru vide Annexure-A. (ii). And grant such other orders or direction/s that this Hon'ble Court deems fit under the circumstances of the case including the costs in the interest of justice and equity.'' 2. The Elections have been held to the respondent No.11- Society which is newly formed, the said elections were challenged by filing a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 in case No.11/ 2023-24. In the said proceedings the petitioner had filed an application under Section 71(3) of the Karnataka Co-operative Societies Act, 1959 seeking for a stay of the elections to the post of the President and Vice President of the respondent No.11-Society. The Assistant Registrar of Co-operative Societies having granted an order of stay, the same was challenged in COP. Revision No.34/2024, where the said order was set-aside and the matter remitted to the Assistant Registrar of Co-operative Societies for disposal in accordance with law within four months from the date of the order, vide order dated 24.02.2025. It is challenging same the petitioners are before this Court. 3. Sri. Abubacker Shafi, learned counsel for the petitioners would submit that the membership drive which had been effected by the Chief Promoter was contrary to the bylaws and as such the persons who have been inducted as members being so inducted illegally they could not have voted in the election and as such the entire election process is vitiated and therefore such persons who have been elected illegally cannot be permitted to contest for the post of the President or Vice President. 4. This contention of the learned counsel for the petitioner would have to be established during the course of trial in the pending dispute. Elections having already been held, they being elected representatives, it is only the election to the post of the President and Vice President which are required to be held, so as to enable smooth functioning of the Society. Elections having already been held, they being elected representatives, it is only the election to the post of the President and Vice President which are required to be held, so as to enable smooth functioning of the Society. This aspect has been rightly considered by the Karnataka Appellate Tribunal in the impugned order dated 24.02.2025 and as such I do not find any reason to interfere with the said order. 5. Insofar as the time limit which has been prescribed by the Karnataka Appellate Tribunal for disposal of the Election Dispute, learned AGA submits that the dispute is yet to be disposed. 6. In that view of the matter, the period of four months having already expired, the same is extended by a period of two months from today to enable the Assistant Registrar of Co-operative Societies to dispose of the dispute, failing which, necessary action would have to be taken by the Registrar of Co-operative Societies, on account of delinquency. 7. Needless to say, the election to the post of President and Vice President would have to be conducted as expeditiously as possible within fifteen days from the date of receipt of copy of this order. It is however made clear that such election shall be subject to the result of the dispute pending before the Assistant Registrar of Co-operative Societies.