- 1 - HC-KAR NC: 2025:KHC-D:9243-DB WA No. 100024 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100024 OF 2024 (CS-EL/M) BETWEEN: MAHALINGAPPA S/O. ITTAPPA KOLIGUDDA, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. MAHALINGPUR, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587312. …APPELLANT (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE, 6TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE KARNATAKA CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, 3RD FLOOR , SHANTI NAGAR, TTMC ‘A’ BLOCK, BENGALURU-560027. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, NO. 1, ALI ASKAR ROAD, BENGALURU-560052. 4. THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, DIST. BAGALKOT-587101. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9243-DB WA No. 100024 of 2024 5. THE RETURNING OFFICER, THE MAHALINGAPUR URBAN CO-OPERATIVE BANK LTD., R/O. MAHALINGAPUR, TAL: RABAKAVI-BANAHATTI, DIST. BAGALKOT-587312. 6. MAHALINGAPUR URBAN CO-OPERATIVE BANK LTD., R/O. MAHALINGAPUR, REPRESENTED BY ITS MANAGER, TAL: RABAKAVI-BANAHATTI, DIST. BAGALKOT-587312. …RESPONDENTS (BY SRI. V. S. KALASURMATH, HCGP FOR R1 & R3; SRI. G. V. BARAMAGOUDAR, ADV. FOR R2, R4 & R5; SRI. MANJUNATH A. KARIGANNAVAR, ADV. FOR R6) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS IN W.P.NO.107824/2023 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE FINAL ORDER DATED 10/01/2024 MADE IN THE WRIT PETITION NO.107824/2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND DIRECT THE RESPONDENT NO.5 TO NOT TO ANNOUNCE THE RESULT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9243-DB WA No. 100024 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal is filed seeking to assail the order passed in W.P.No.107824/2023. 2. The grievance of the appellant is that the order of the learned Single Judge initially granting permission to vote in the election in effect has prejudiced the other contestants. It is further submitted that final order was passed taking note of the interim order as also orders passed by the co-ordinate bench. It is the case of the appellant that the Court ought not to have intervened and granted any direction including permitting exercise of vote and that the Court ought to have relegated the petitioner to avail of substantive remedy under Section 70(2) of the Karnataka Co-operative Societies Act, 1959. Noticing that the election process is completed and results are announced, it would not be appropriate to adjudicate on - 4 - HC-KAR NC: 2025:KHC-D:9243-DB WA No. 100024 of 2024 the matter. The questions of law raised in the present appeal are kept open. Accordingly, appeal is disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 28