GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition was disposed of vide order dtd. 2/2/2024. The petition is filed on the premise that the procedures contemplated under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (Hereinafter referred to as the 'Rules, 1960' for short) are not followed. This Court has granted interim order vide order dtd. 20/1/2024 and permitted the petitioners to cast vote in the election. Thereafter, notices were issued to the respondents and respondent-Society appeared and admitted that the requirements of Rule 13-D(2-A) Rules, 1960 are not complied. In this background, this Court has followed the law laid down in the case of H S RAJU AND OTHERS vs STATE OF KARNATAKA AND OTHERS (2022(4) AKR 775) and allowed the writ petition in part. However, the final order signed by the Court turned out pertaining to another petition involving similar issues where the Society contested the petitioners' claim.

(2.) The learned counsel for the petitioners has brought to the notice of this Court the error crept in and the learned counsel for the respondent-State as well as the Society would fairly submit that the petition was allowed-in-part on the previous date directing the petitioners' vote to be counted, with certain conditions.

(3.) Considering the submission made at the Bar and after perusal of the records, this Court is of the view that the order dtd. 2/2/2024 is recalled and substituted by the following order:-