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IN THE HIGH COURT OF AT DATED THIS THE 17 TH DAY OF DECEMBER 2013 BEFORE THE HON’BLE MR. JUSTICE B.S.PATIL WRIT PETITION NO. 51195/2013 (CS-EL/M)

BETWEEN: 1. K.T. Jayarama Reddy S/o K. Thippanna, Aged 62 years, R/at Shankar Hanuman Farms, Road, Bannerghatta Road, Bangalore-500 083, Reptd. By his GPA Holder B.A. Nanja Reddy, The petitioner No.6.

2. A. Balappa S/o Late B. Anjanappa, Aged 64 years, R/at No.829, 26 th Main, Opp. 9 th ‘A’ Cross, HSR Layout, Sector-I, Agara, Bangalore – 560 034.

3. Mallesh Reddy S/o Potha Reddy, Aged 54 years, R/at No.1250, 20 th Main, 2nd Cross, J.P. Nagar, Bangalore – 560 078.

4. M. Muni Reddy S/o Muniswamy Reddy, Aged 60 years, R/at No.781, 9 th Main, III Cross, III Block, Koramangala, Bangalore – 560 034, Reptd.by his GPA Holder B.A. Nanja Reddy, The petitioner No.6.

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5. M.N. Suresh (Babu) S/o Nanja Reddy M.S. Aged 47 years, R/at No.34, 19 th Cross, I Main, Laljinagar, Bangalore-560 017, Reptd.by his GPA Holder B.N. Nanja Reddy The petitioner No.6.

6. B.A. Nanja Reddy S/o K. Ashwath Reddy, Aged 41 years, R/at No.205, 2 nd Floor, North Block, Parisara Flying View, Jakkur Main Road, Bangalore – 560 092.

7. K. Sureshchandra Reddy S/o Chandrashekar Reddy, Aged 62 years, R/at No.345, 7 th Main, HAL II Stage, Bangalore – 560 008.

8. R.V. Prakash Kumar S/o Venkataramana Reddy R. Aged 50 years, R/at Ramasagar Village, Attibele Hobli, Taluk, Bangalore – 562 125, Reptd.by his GPA Holder B.A. Nanja Reddy The petitioner No.6.

9. Y.V. Jagannath S/o Vishveshwara Iyer, Aged 62 years, R/at No.6/5, H.B. Samaja Link Road, Basavanagudi, Bangalore-560 004, Reptd.by his GPA Holder B.A. Nanja Reddy, The petitioner No.6.

10. D.R. Gopinath S/o Late D.P. Ramakrishna Reddy,

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Aged 52 years, r/at No.442, 10 th Cross, II Phase, Girinagar, Bangalore – 560 085. …PETITIONERS

(BY SRI. SHIVAPPA, SENIOR COUNSEL FOR SRI. MALLA REDDY. B.V. ADVOCATE)

AND:

1. State of Karnataka, Repd. By its Chief Secretary, Vidhana Soudha, Bangalore.

2. The Joint Registrar of Co-Operative Societies, Under Rule 441, Karnataka State Federation Ltd., No.132, 2nd Floor, KSCUBF Building, K.H.Road, Bangalore – 27.

3. Smt. K. Triveni Rao, Major, Inspector, Office of the Joint Registrar of Co-Operative Societies, Bangalore Region and Also the Election Officer, Sreenidhi Souharda Sahakari Bank Niyamitha V.V. Puram, Bangalore – 560 004.

4. Sreenidhi Souharda Sahakara Bank Niyamitha, being a Registered Co-Operative Bank Registered under the Karnataka Souharda Sahakari Act, 1997, Having its registered office at No.113, R.V. Road, Bangalore-560 004 and reptd. By Its Chief Executive Officer.

5. H.L. Ashok Kumar S/o Linga Reddy, Aged 62 years, r/at No.131, II Cross, 13 th Main, Bank Officer Colony, I Stage,

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B.T.M.Layout, Bangalore.

6. C. Chenna Reddy S/o C. Venkata Reddy, Aged 58 years, R/at No.1265, 7 th Cross, 1st Phase, J.P. Nagar, Bangalore-560 078.

7. T. Dayanand S/o Thimma Shetty, Aged 62 years, r/at M/s. Surya Printers, No.7, Kalyan Building, Opp. Post Office, Seshadripuram, Bangalore-560 020.

8. P. Jagannadha Reddy S/o P. Munirathnam Reddy, Aged about 50 years, r/at Lakshmi Nilaya, No.285, 11 th ‘A’ Cross, 2nd Phase, J.P. Nagar, Bangalore-560 078.

9. P. Jayarama Reddy S/o Papi Reddy, Aged 47 years, R/at No.532, 11 th Cross, 29 th Main, I Sector, HSR Layout, Bangalore – 560 102.

10. G. Ramesha S/o Gopal Reddy, Aged 47 years, R/at Marasur Village & Post, Anekal Taluk, Bangalore.

11. Sadashiva Reddy S/o B.P. Narayana Reddy, Aged 55 years, R/at No.55, Sai Sadana, 14 th Cross, Sarakki, Kanakapura Main Road,

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1st Phase, J.P. Nagar, Bangalore – 560 078.

12. V. Shankar Reddy S/o Venkata Muni Reddy, Aged 63 years, R/at No.1044, 4 th Main, 8th Cross, Srinivasanagar, Bangalore – 560 050.

13. B.V. Somashekar REddy S/o Venkatappa Reddy, Aged 65 years, R/at No.234, 12 th Main, Wilson Garden, Bangalore – 560 030.

14. R. Venkata Reddy S/o Ramaiah G., Aged 66 years, R/at No.16, 15 th 6 th Phase, J.P. Nagar, Bangalore-560 078.

15. C. Vijaya Reddy W/o Chikka Venkatappa Reddy, Aged 62 years, R/at No.26, 1 st Cross, BDA Layout, Near Jalabhavan, Bannerghatta Road, Bangalore – 560 041.

16. T. Ramaswamy Reddy S/o Late Thimmaraya Reddy, Aged 52 years, R/at No.144, , Anekal, Bangalore-560 034.

17. A.M. Srinivasa Reddy S/o A.T. Muni Reddy, Aged 49 years, R/at Mathru Chaya, 9 th Main, Narayana Reddy Layout, Virat Nagar, , Bangalore-560 068. …RESPONDENTS

(BY SRI. K.A. ARIGA, AGA FOR R-1, R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF WITH A PRAYER TO CALL FOR THE RECORDS IN DISPUTE NO.JRD.UBF.108/2011-12 ON THE FILE OF THE 2 ND RESPONDENT AND THE RECORDS FROM THE 3 RD AND 4 TH RESPONDENTS IN RELATION TO THE ELECTION CONDUCTED ON 20.03.2011 TO THE BOARD OF DIRECTORS OF THE 3 RD RESPONDENT BANK AND TO DECLARE THAT THE PROVISIONS OF SECTION 20(3) OF THE KARNATAKA SOUHARDA SAHAKARI ACT 1997 ULTRA VIRES THE CONSTITUTION OF INDIA; TO QUASH/SET ASIDE THE RESOLUTION DATED 12.02.2011 VIDE SUBJECT NO.22(b) – ANNEXURE ‘D2’ PASSED BY THE RESPONDENT NO.4 BOARD WITH REFERENCE TO THE GIVING VOTING RIGHTS TO INELIGIBLE MEMBERS, BY OVERRIDING THE PROVISIONS OF THE ACT; ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

This matter was argued for quite some time by the learned Senior Counsel Sri. Shivappa. In the course of the arguments, learned Senior Counsel submits that without prejudice to the contentions raised in the writ petition and as the petitioners have got an alternative remedy of filing an appeal under Section 46 of the Karnataka Souharda

Sahakari Act, 1997 before the Karnataka Appellate Tribunal, this writ petition may be dismissed as withdrawn reserving liberty to file an appeal.

2. In view of his submission, this writ petition is dismissed as withdrawn. Liberty is reserved to the petitioners to file an appeal.

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3. While considering the question of limitation, the

Appellate Tribunal shall exclude the period taken from the date of filing this petition till the date of this order (today). If such an appeal is filed, the Tribunal shall make all endeavour to dispose of the case as expeditiously as possible, at any rate within a period of six months from the date of filing of the appeal.

Office is directed to return the certified copies of the documents produced, on the petitioners furnishing the xerox copies of the said documents.

Sd/- JUDGE

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