- 1 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16435 OF 2025 (CS-RES) BETWEEN: SMT PARVATHAMMA W/O LATE. HANUMANTHAPPA, AGED ABOUT 65 YEARS, R/AT AREHALLI VILLAGE, BISALERE POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. …PETITIONER (BY SRI. AJAY PRABHU M.,ADVOCATE) AND: 1. THE DISTRICT REGISTRAR OF CO OPERATIVE SOCIETIES CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 101. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TARIKERE SUB-DIVISION, TARIKERE, CHIKKAMAGALURU-577 228. 3. THE CHIEF EXECUTIVE OFFICER, PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., BISALERE, KADUR TALUK-577 116. 4. THE RETURNING OFFICER PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 BISALERE, KADUR TALUK-577116. 5. MR. BASAVARAJAPPA, S/O ISHWARAPPA, AGED ABOUT 60 YEARS, R/AT AREHALLI VILLAGE, BISALERE POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 6. MR. MALLAPPA., S/O HALLI HANUMANTHAPPA, AGED ABOUT 65 YEARS, R/AT BISALERE VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 7. MR. RAJAPPA B.M., S/O MARULAPPA, AGED ABOUT 65 YEARS, R/AT BISALERE VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 8. MR. SOMASHEKARAPPA, S/O SIDDANANJAPPA, AGED ABOUT 65 YEARS, R/AT BISALERE VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 9. MR. SIDDARAMAPPA, S/O BORAPPA, AGED ABOUT 65 YEARS, R/AT BISALERE VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 10. MRS. MANJULA, S/O NANJUNDASWAMY, AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 R/AT BISALERE VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 11. MR JAYAPPA A.B., S/O BASAPPA, AGED ABOUT 60 YEARS, R/AT ADIGERE VILLAGE AND POST, HIRENALLURU HOBILI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 12. MR. NIJAGUNA, S/O GOVINDAPPA, AGED ABOUT 60 YEARS, R/AT G.K.HALLI VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 13. MR. HANUMANTHAPPA, S/O RAMAPPA, AGED ABOUT 65 YEARS, R/AT AREHALLI VILLAGE, BISALERE POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 14. MRS. SUSHEELAMMA, S/O B.M.LOKESHAPPA, AGED ABOUT 55 YEARS R/AT BISALERE VILLAGE AND POST HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 15. MR. JAGADISH S.M., S/O MALLESHAPPA, AGED ABOUT 65 YEARS, R/AT CHIKKABASURU VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. - 4 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 16. MR. NIJAGUNA, S/O GOVINDAPPA, AGED ABOUT 60 YEARS, R/AT G.K.HALLI VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 116. 17. MR. PRADEEP, S/O SHIVAMURTHY, AGED ABOUT 35 YEARS, R/AT BISALERE VILLAGE AND POST, HIRENALLURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116. …RESPONDENTS (BY SRI. YOGESH D. NAIK AGA FOR R1, R2 & R4; NOTICE TO R3 & R5 TO R17 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING IMPUGNED MEETING NOTICE BEARING DATED 02.06.2025 THEREBY INTIMATING OF CONDUCTING OF ELECTION FOR THE POST OF PRESIDENT, VICE PRESIDENT ON 12.06.2025 AND CONSEQUENTLY, DIRECT THE RESPONDENT NO.1 TO 3 TO DEFER ELECTION FOR THE POST OF PRESIDENT, VICE PRESIDENT AND OTHER TILL DISPOSAL OF ELECTION PETITION IN CASE NO.AR27-D.D.S.-01-2025-26 FILED BY THE PETITIONER ON THE FILE OF R2 ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 5 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: '' a. Issue writ of mandamus or any other appropriate writ or direction quashing Impugned Meeting Notice bearing No:ಚುಅ/ಾಕಪಸಸಂ/01/2025-26 dated 02.06.2025 thereby intimating of conducting of election for the post of President, Vice president on 12.06.2025 and consequently, direct the Respondent No.1 to 3 to defer election for the post of President, Vice president and other till disposal of Election Petition in Case No.AR27:D.D.S.:01:2025-26 filed by the Petitioner on the file of Respondent No.2 Annexure-A, in the interest of justice and equity. b. Grant such other and further relief deems fit by this Hon'ble court in the facts and circumstances of the case.'' 2. The Petitioner has challenged the election, where respondent Nos.5 to 17 have been elected as Office bearers of the Primary Agriculture Co-operative Society Ltd., Bisalere Village, Kadur Taluk, Chikkamagaluru District. The said Election Petition being pending, the petitioner is before this Court seeking for the aforesaid relief, for an order of restraint from holding election to the post of President and Vice President scheduled to be held on 12.06.2025. - 6 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 3. A writ petition of the present nature is not maintainable when the Election Petition is already pending. If at all, the petitioner is seeking for any interim relief, such interim relief would have to be sought for in the said Election Petition, which is pending. Until any relief is granted in the said Election Petition, the respondent Nos.5 to 17 continue to be elected Office bearers, their election will continue to hold until they are set-aside. 4. As such, no grounds being made out, the petition stands dismissed. 5. Learned counsel for the petitioner by referring to Annexure-K, has brought to the notice of this Court that the respondent No.2-Assistant Registrar of Co-operative Societies has issued a notice on 30.05.2025, fixing the date of hearing on 15.06.2025 at 11:00 AM, the said 15th being Sunday, it is rather shocking that such a notice having been issued. 6. The Principal Secretary, Co-operative Societies Department is directed to look into the matter. If an application is - 7 - HC-KAR NC: 2025:KHC:19693 WP No. 16435 of 2025 moved in the said pending Election Petition, the respondent No.2-Assistant Registrar of Co-operative Societies is directed to consider the same in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 4 Sl No.: 1