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Judgment
S. Sunil Dutt Yadav, J
This Court has passed an interim order on 28.07.2025, whereby though the election was permitted to be proceeded with, the results were directed not to be declared. A reasoned order of the learned Single Judge was subsequently made available to this Court.
It is to be noticed that if the results were directed to be announced, as sought by the learned counsel for the respondents, nothing would survive for consideration in the writ petition itself. Accordingly, it would be appropriate to request the learned Single Judge to expedite the hearing of writ petition itself.
Noticing that the present appeal is only against the interim order of learned Single Judge, we find that the direction passed by this Court, as an interim measure, would ensure that the proceedings before the learned Single Judge are not rendered infructuous.
Though the learned counsel for the respondents refers to the interim order passed in WA No.100308/2025 and seeks for passing an order on the ground of parity, it is to be noticed that the stand of this Court staying the announcement of election results is only after taking note of order of learned Single Judge with respect to the same Society passed in WP No.107121/2024, dated 4.4.2025, earlier to the pronouncement of calendar of events. The direction passed in WP No.107121/2024 that the elections to be held only after compliance of procedure regarding the voters list as contemplated under Rule 13D(2A) of the Karnataka Co-operative Societies Rules, 1960 For short, ‘Rules’. Further, it is noticed that though the order passed in WP No.107121/2024 has been challenged in WA No.100216/2025, as on date, there is no stay of the said order. Even otherwise, we find that the direction passed was only with regard to compliance of Rule 13D(2A) of the Rules.
In light of the above, the writ appeal stands disposed off. All contentions of the parties are left open.
Needless to state that any observation made in the present appeal would not have the effect of being construed as finding on merits and it has been made only for the limited purpose of disposing off the present appeal against the interim order passed by the learned Single Judge.
The learned Single Judge to expedite the hearing of the matter in light of contention of the respondents that the elections of the Federal Society would be prejudiced, if there is no representative of the Primary Society.
The parties to co-operate for early disposal of the writ petition and the respondents are at liberty to move the matter by requesting the learned Single Judge for disposal of the writ petition at the earliest, which request is kept open to be considered by the learned Single Judge appropriately.
Registry to place the election proceedings directed to be placed in a sealed cover before this Court as per order dated 28.07.2025, before the learned Single Judge.
Pending applications, if any, are disposed off as not surviving for consideration.