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Judgment
S.R. Krishna Kumar, J
In this petition, petitioner seeks for the following reliefs:-
“ a) Issue a writ in the nature of certiorari quashing the order passed by the respondent no.1 dated: 13.10.2025 in Dispute No.DRC/CR-04/2025-26, as per ANNEXURE-L
b) Issue a writ in the nature of certiorari or any other writ to quash the notice issued by the respondent no.3 i.e., Returning Officer in Sa.A.A.Baa.Palli, C.R/Chune/54/2025-26 dated: 15.10.2025 in which the counting of votes and declaration of results were fixed on 23.10.2025 as per Annexure-K.
c) Issue such other appropriate writ, order or direction as this Hon’ble Court may deem fit under the circumstances of the case in the interest of justice & equity.”
Heard learned Senior counsel for the petitioner and learned AGA for respondents 1 to 3 and learned counsel for caveator – respondent No.43 and perused the material on record. For the order proposed, notice to respondents 4 to 42 is dispensed with.
In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior counsel for the petitioner submits that the petitioner intends to prefer a statutory appeal against the impugned order at Annexure-L dated 13.10.2025 and consequential notice at Annexure-K dated 15.10.2025, by preferring the statutory appeal under Section 105 of the Karnataka Co-operative Societies Act before the Karnataka Appellate Tribunal (for short ‘the KAT’), Bangalore and that the present petition may be disposed of keeping the said impugned order and Notice in abeyance for a stipulated timeframe for the purpose of enabling the petitioner to prefer such an appeal.
Per contra, learned AGA for respondents 1 to 3 and learned counsel for caveator – respondent No.43 would jointly submit that the petition is not maintainable in view of availability of equally, efficacious and alternative remedy by way of an appeal before the KAT, Bangalore. However, both the counsel fairly submit that in order to enable the petitioner to prefer a statutory appeal, the impugned order may be kept in abeyance for limited / restricted period.
In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it just and appropriate to dispose of this petition by issuing certain directions.
In the result, I pass the following:-
ORDER
(i) Petition is hereby disposed of without interfering with the impugned notice at Annexure-K dated 15.10.2025 and impugned order at Annexure-L dated 13.10.2025 and the same are kept in abeyance for a period of three weeks from today.
(ii) Liberty is reserved in favour of the petitioner to file statutory appeal along with an application seeking interim relief / order before the KAT, Bangalore, within a period of three weeks from today.
(iii) If such an appeal is preferred by the petitioner as stated supra, the KAT, Bangalore, shall consider the application for interim relief sought for by the petitioner and pass appropriate orders on the same within a period of one week from the date on which the petitioner files such an appeal.
(iv) Liberty is reserved in favour of respondent No.43 to enter appearance in the said appeal and contest the appeal as well as the application in accordance with law.
(v) It is made clear that the KAT shall consider and pass appropriate orders on the interim application filed by the petitioner without being influenced by the findings and observations, if any, passed in the present order.