- 1 - NC: 2025:KHC-D:5580-DB WA No. 100053 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100053 OF 2024 (CS-EL/M) BETWEEN: BHIMAPPA S/O TAMMANNA HIPPARAGI AGE. 46 YEARS, OCC. AGRICULTURE, R/O. MUTTUR, TALUK. JAMKHANDI, DIST. BAGALKOT. …APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, 6TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE STATE OF CO-OPERATIVE ELECTION AUTHORITY REP. BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, BENGALURU 560027. 3. THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY BAGALKOT TALUK AND DIST. BAGALKOT-587101. 4. THE RETURNING OFFICER PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, ALABAL AND SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5580-DB WA No. 100053 of 2024 CO-OPERATIVE SOCIETIES, JAMKHANDI, TQ AND DIST. BAGALKOT-587119. 5. THE RETURNING OFFICER PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, ALABAL REP. BY ITS CHIEF EXECUTIVE TQ. JAMKHANDI, DIST. BAGALKOT-587119. 6. SOMANAGOUDA S/O ISHWARGOUDA PATIL AGE. 57 YEARS, OCC. AGRICULTURE, R/O. ALABAL, TQ. JAMKHANDI, DIST. BAGALKOT-587119. 7. BASAVARAJ S/O SATYAPPA HIPPARAGI AGE. 29 YEARS, OCC. AGRICULTURE, R/O. MUTTUR, TQ. JAMKHANDI, DIST. BAGALKOT-587119. …RESPONDENTS (BY SRI. V.S. KALARUMATH, AGA FOR R1,R3 & R4; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2,R3 & R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE ORDER DATED 17/01/2024 IN WRIT PETITION NO.107421/2023 (CS- ELE) PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION FILED BY THE RESPONDENT NO.6 AND 7 BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5580-DB WA No. 100053 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 by respondent No.6 before the learned Single Judge, calling in question the order dated 17.1.2024 passed in WP No.107421/2023. 2. The aforesaid writ petition was filed by respondents No.6 and 7 herein challenging the rejection of their nomination papers by the returning officer. The learned Single Judge by the impugned order dated 17.1.2024, allowed the writ petition, quashed the rejection of nomination papers of the petitioners and directed the returning officer to declare the results of the election held to the respondent/Society on 17.12.2023. Being aggrieved by the same, the present appeal is filed. 3. Although learned counsel Sri. Shivaraj P Mudhol seeks to point out various errors in the order passed by the learned Single Judge, it is relevant to note that pursuant to the impugned order, results of the election held on 17.12.2023 have been declared. - 4 - NC: 2025:KHC-D:5580-DB WA No. 100053 of 2024 4. The Hon’ble Supreme Court in the case of Umesh Shivappa Ambi & Others Vs. Angadi Shekara Basappa & Others1, has held as follows: It is now well settled that once an election is over, the aggrieved candidate will have to pursue his remedy in accordance with the provisions of law and this (sic High) Court will not ordinary interfere with the elections under Article 226 of the Constitution. (See in this connection parat 3 in K.K. Shrivastava B. Bhupendra Kumar Jain.) The Court will not ordinarily interfere where there is an appropriate or equally efficacious remedy available, particularly in relation to election disputes. In the present case, under Section 70(2)(C) of the Karnataka Co-operative Societies Act, 1959 any dispute arising in connection with the election of a President, Vice-President, Chairman, Vice- Chairman, Secretary, Treasurer or member of Committee of the Society has to be referred to the Registrar by raising a dispute before him. The Registrar is required to decide this in accordance with law. (Emphasis supplied) 5. In view of settled position of law, as noticed above, since elections have been conducted and the results have been declared, the present appeal is disposed of, reserving liberty to 1 (1998) 4 SCC 529 - 5 - NC: 2025:KHC-D:5580-DB WA No. 100053 of 2024 the appellant herein to raise a dispute in an election petition and pursue his remedies that may be available under law. 6. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 32