- 1 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100027 OF 2025 (CS-EL/M) C/W WRIT APPEAL NO. 100041 OF 2025 BETWEEN: RAMESH LAXMAPPA NINGARADDI AGE. 57 YEARS, OCC. AGRICULTURE, R/O. HULKUND VILLAGE, RAMDURGA TALUKA, DISTRICT BELAGAVI 591114. …APPELLANT (BY SRI. SRINIVAS. B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF CO OPERATION, VIDHAN SOUDHA, BENGALURU 01. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU 560002, REPRESENTED BY ITS COMMISSIONER 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES BELAGAVI DISTRICT BELAGAVI 590004. 4. GIRISH B YAVAGAL THE RETURNING OFFICER, PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT HULKUND AND CHIEF DEVELOPMENT OFFICER, RAMDURGA, DIST. BELAGAVI. 591123. Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 5. THE PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT HULKUND, TALUKA.RAMDURGA DIST. BELAGAVI 591123, REPRESENTED BY CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. PRAVEEN. K. UPPAR, AGA, FOR R1 AND R3 NOTICE DISPENSED WITH R2, R4 AND R5) THIS WRIT APPEAL IS FILED U/SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED. 18-12-2024 PASSED IN WP NO. 107701/2024 ON THE FILE OF HON BLE SINGLE JUDGE CONSEQUENTIALLY, ALLOW THIS WRIT APPEAL IN THE INTEREST OF JUSTICE IN THE ENDS OF JUSTICE AND EQUITY. WRIT APPEAL NO. 100041 OF 2025 BETWEEN: GOLAPPA S/O: BASAPPA DANASHETTI AGE: 62 YEARS, OCC: AGRICULTURE, R/O: HULKUND, TALUK: RAMDURGA, DISTRICT BELAGAVI 590001. …APPELLANT (BY SRI. SHIVRAJ. P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF CO OPERATION, VIDHAN SOUDHA, BENGALURU 590001. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY BENGALURU, REPRESENTED BY ITS SECTRTARY PIN:560001, - 3 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 3. THE RETURNING OFFICER, PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT., HULAKUND AT: HULAKUND, TQ: RAMADURG. DIST: BELGAVI-591114. 4. THE PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMIT., HULKUND, AT: HULKUND, TQ: RAMDURGA DIST. BELAGAVI 591114, 5. SRI. RAMESH S/O: LAXMAPPA LINGARADDI AGE: 54 YEARS, OCC: AGRICULTURE R/O: HULKUND, TALUK: RAMDURG PIN-580001. 6. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES BELAGAVI DISTRICT: BELAGAVI 580001. …RESPONDENTS (BY SRI. PRAVEEN. K. UPPAR, AGA, FOR R1 AND R6 NOTICE DISPENSED WITH R2 TO R5) THESE WRIT APPEALS ARE FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED. 20-12-2024 PASSED IN WP NO. 107724/2024 BY ALLOWING THESE WRIT APPEALS IN THE INTREST OF JUSTICE AND EQUITY. THESE WRIT APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 4 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The intra – court Appeal in WA No. 100027/2025 is as against the Order dated 18.12.2024 in WP No.107701/2024, and the other intra - court Appeal in WA No. 100041/2025 is as against the interim order dated 20.12.2024 in WP No.107724/2024. The appellant in WA No.100027/2025 is a respondent in WP No.107724/2024, but the appellant in WA No.100041/2025 is not a respondent in WP No.107701/2024. However, the dispute is essentially between these two appellants, and the dispute in both the writ petitions relates to nomination filed by the appellant in WA No.100027/2025. This Court in the course of this order, for reasons of convenience, is referring to the parties as they are arrayed in WA No.100041/2025. 2. The circumstances leading to these Writ Appeals could be stated concisely thus. The fifth respondent has filed nomination to contest election to the fourth respondent’s Managing Committee. The Returning Officer - 5 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 has rejected this nomination, but with the fifth respondent approaching the concerned Deputy Registrar, this Officer has directed the Returning Officer to accept the nomination. The fifth respondent has filed the petition in WP No. 107701/2024 to calling in question the decision to reject his nomination and for direction to the Returning Officer to accept his nomination as directed by the Deputy Registrar. The Writ Court has disposed of this petition in WP No.107701/2024 on 18.12.2024 opining that the Courts must be hesitant in interfering with elections once the Calendar of Events is published. The fifth respondent has filed his appeal in WA No.100027/2025 impugning this order. 2.1 On 18.12.2024, the appellant has filed the Petition in W P No.107724/2024 calling in question the Deputy Registrar’s direction to accept the fifth respondent’s nomination. The Writ Court by the impugned interim order dated 20.12.2024 [which is called in question in WA No. 100041/2025], after recording the disposal of the fifth respondent’s petition in WP No.107701/2024 and certain - 6 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 facts placed on record on behalf of the State by the learned Additional Advocate General, has issued directions which reads as under1: “i. The petitioner and the 5th respondent shall be permitted to contest in the elections to the 4th respondent-Society; i. The votes cast in favour of the 5th respondent shall be kept in a separate sealed cover and shall be made available to this court on the next date of hearing; ii. The results of the elections to the 4th respondent- society shall not be declared without the leave of the Court.” 3. Sri. Srinivas B. Naik, the learned counsel for the fifth respondent, after being heard for some time, submits that the fifth respondent has filed his Writ Appeal in No.100027/2025 so that the appellant does not canvas in 1 The petitioner is referred to as the appellant in this Order and the fifth respondent is referred to according because of they are arrayed in WA No. 100041/2025. - 7 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 the Writ Petition in No.107724/2024 that no relief could be granted to him in view of the disposal of the Writ Petition in WP No.107701/2024, and the learned counsel also proposes to contend that, with the interim order in WP No.107724/2024 elections being held accordingly, the results will have to be announced with liberty to the concerned to avail remedy under Section 70 of the Karnataka Co-operative Society’s Act, 1959. Sri.Shivaraj P. Mudhol, the learned counsel for the appellant, refutes both these submissions and states that the appellant has filed his appeal because he is aggrieved by certain observations in the course of the impugned interim order dated 20.12.2024 as also the directions that are issued. 4. However, both the learned counsels are categorical when queried by this Court that all questions will have to be decided in the Writ Petition including the question whether the fifth respondent could have been granted any indulgence in light of the disposal of the Writ Petition. Sri.Praveen K. Uppar, the learned Additional - 8 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 Government Advocate, is heard in the light of the afore circumstances and the submissions. 5. This Court is of the considered view that the concerned questions must be considered by the Writ Court in WP No.107724/2024, as it is still seized of such petition. The Writ Court will have to decide, amongst others, whether the Returning Officer could indeed have rejected the fifth respondent’s application, whether the concerned Deputy Registrar could have issued a direction to accept the nomination, whether the results must be now announced if there are multiple candidates to the position for which both the appellant and the fifth respondent are contesting. 6. This Court must opine that these questions, and even other question, except insofar as the consequence of the Petition in WP No.107701/2024 must be examined independent of any observation either in the order of dismissal of the Writ Petition or in the interim order. The disposal of the fifth respondent’s petition is rendered inconsequentially with the fifth respondent also being - 9 - NC: 2025:KHC-D:1505-DB WA No. 100027 of 2025 C/W WA No. 100041 of 2025 permitted to contest the election. In the light of the afore, the Writ Appeals stand disposed of subject to observation as aforesaid. Consequentially, all the applications stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/ct-vg LIST NO.: 1 SL NO.: 9