- 1 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100121 OF 2025 (GM-RES) BETWEEN: N M NOOR AHMED S/O. N M NABI, AGE: 41 YEARS, OCC: BUSINESS, R/O: 10TH WARD SHILARAGERI, HARAPNAHALLI TOWN, DIST: VIJAYANAGARA-560040 …APPELLANT (BY SRI. PRASHANT MATHAPATI, ADVOCATE AND; SRI. MALLIKARJUN B. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M. S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DISTRICT REGISTRAR OF SOCITIES AND DEPUTY REGISTRAR OF COOERATIVE SOCIETIES, JANATA BAZAR BUILDING, STATION ROAD, BALLARI-583101. 3. THE ANJUMAN A ISLAMAHUL MUSLIMIN HARAPPANAHALLI-583131 DISTRICT: BALLARI. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 4. THE REGISTRAR OF CO-OPPERATIVE SOCIETIES GOVERNMENT OF INDIA NO.1 ALI AKSAR ROAD BANGALORE-560001. 5. THE RETURNING OFFICER ANJUMAN A ISLAMAHUL MUSLIMIN HARAPPANAHALLI 583131 DISTRICT: BALLARI. 6. THE PRESIDENT ANJUMAN A ISLAMAHUL MUSLIMIN HARAPPANAHALLI-583131 DISTRICT: BALLARI. 7. THE SECRETARY ANJUMAN A ISLAMAHUL MUSLIMIN HARAPPANAHALLI-583131 DISTRICT: BALLARI. 8. THE SUPERINTENDENT OF POLICE DIST: VIJAYANAGARA-583101. …RESPONDENTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE FOR C/R3; SRI. G. K. HIREGOUDAR, PRL. GOVT. ADVOCATE FOR R1, R2, R3, R4 AND R8; SRI. ANIL KALE, ADVOCATE FOR R5; SRI. SHARANABASAVARAJ C., ADVOCATE FOR R7.) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE APPEAL AND SET-ASIDE THE IMPUGNED ORDER DATED 24-02-2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.101379/2025 (GM-RES) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE JUDGMENT THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This intra Court appeal is against an interim order in Writ Petition No.101379/2025. The dispute in the writ petition is about the Endorsement dated 19.02.2025 issued by the jurisdictional District Registrar of Societies and the Deputy Registrar of Co- operative Societies [the second respondent)]. The second respondent has issued this Endorsement postponing the elections scheduled for the constitution of the third respondent’s Governing Council. The writ Court has stayed this Endorsement dated 19.02.2025, admittedly paving way for the elections to be held as scheduled, but subsequently, by the impugned order dated 24.02.2025, the elections are stayed for the following reasons. - 4 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 [a] The Returning Officer has to be appointed at least a month prior to the date of election, but the Officer is appointed 20 days prior to the election with the substitution of such Returning Officer within 13 days to go to the election. [b] The appellant, who proposes to challenge the postponement of the election, has suppressed the fact that his nomination is rejected. 2. This Court, on 25.02.2025, has issued notice to the respondents while calling upon the standing counsel and the learned Government Advocate to take notice for other respondents and observing that the third respondent’s Governing Council must be democratically put in place at the earliest. Sri. Anil Kale, the learned counsel for the fifth respondent [the Returning Officer], submits that the elections can be held continuing from the stage - 5 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 whether fresh date being fixed or with the issuance of a fresh calendar of events. 3. When queried, Sri. Anil Kale also submits that the Governing Council had indeed resolved to cancel the appellant’s membership on the ground that he does not reside in Harapanahalli, but on scrutiny of the documents furnished [including the documents furnished by the appellant], his nomination has been accepted as there is material to justify his case that he is a resident of Harapanahalli. 4. Sri Mallikarjun B. Hiremath, learned counsel for the appellant, submits that with these submissions the appeal could be disposed of with necessary order for expediting the now stalled elections. Sri Sharanabasavaraj C., the learned counsel for the seventh respondent, submits that elections could be held but it should be according to the bye-laws. Sri Sadiq N. Goodwala, in his typical vehemence, submits that the elections could be held - 6 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 but the appellant cannot be permitted to contest the elections, and he must, with the rejection of his membership, avail appropriate remedy under the bye- laws. On the appointment of Administrator, if the learned counsel for the appellant submits that there are no allegations against the outgoing Governing Council, the other learned counsels submit even if there are to be, because the State Government, which has to decide on the appointment of the administrator, has not taken a decision the elections could be held. 5. This Court must record that what emerges from the above is unanimity on the elections to be held for the third respondent’s Governing Council at the earliest and without being hindered by the reports for an appointment of an Administrator. This narrows down the controversy, and this Court is of the view that with these submissions being taken on record, the writ appeal must be disposed of with - 7 - NC: 2025:KHC-D:3994-DB WA No. 100121 of 2025 liberty to the parties herein to place on record a certified copy of this order with the writ Court and seek expeditious disposal. The writ appeal stands disposed of accordingly. SD/- (B.M.SHYAM PRASAD) JUDGE SD/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/CT:VG LIST NO.: 1 SL NO.: 9