- 1 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100455 OF 2025 (CS-EL/M) BETWEEN: 1. SHRI. ANNAPPAGOUDA MARIGOUDA CHINAGUDI, AGE: 55 YEARS OCC: AGRICULTURE, R/O SHIVALLI, DHARWAD, TQ & DIST: DHARWAD-580 112. 2. SHRI. CHANNAPPAGOUDA SHIVANAGOUDA CHINAGUDI, AGE: 58 YEARS OCC: AGRICULTURE, R/O SHIVALLI, DHARWAD, TQ & DIST: DHARWAD-580 112. 3. SHRI. PRAKASH RAJAPPA KUNDAGOL, AGE: 48 YEARS OCC: AGRICULTURE, R/O SHIVALLI, DHARWAD, TQ & DIST: DHARWAD-580 112. 4. SHRI. DYAVAPPA SHEKHARAPPA MUDDI, AGE: 39 YEARS OCC: AGRICULTURE, R/O SHIVALLI, DHARWAD, TQ & DIST: DHARWAD-580 112. 5. SHRI. SHIVAPPA BHEEMAPPA TALAWAR, AGE: 52 YEARS OCC: AGRICULTURE, R/O SHIVALLI, DHARWAD, TQ & DIST: DHARWAD-580 112. 6. SHRI. MUGAPPA BASAPPA BILLINGANAVAR, AGE: 48 YEARS OCC: AGRICULTURE, R/O SHIVALLI, DHARWAD, TQ & DIST: DHARWAD-580 112. ... APPELLANTS (BY SRI. GANESH RAIBAGI, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 AND: 1. SHIVALLI MILK PRODUCER CO-OPERATIVE SOCIETY LTD., SHIVALLI, TQ. & DIST: DHARWAD-580112. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. SRI. SHANKRAPPA V. MUGAD S/O. VEERAPPA MUGAD, AGE: 58 YEARS, OCC: AGRICULTURE, AT/POST: SHIVALLI, TQ. & DIST: DHARWAD-580112. 3. SRI. BASAVARAJ S MUDDI, S/O: SHIVAPPA MUDDI, AGE: 54, OCC: ARGCULTURE, AT/POST: SHIVALLI, TQ- DIST: DHARWAD 580112. 4. RAJASHEKAR KALLAPPA MUDDI S/O KALLAPPA MUDDI, AGE. 47 YEARS, AT/POST: SHIVALLI, TQ- DIST: DHARWAD 580112. 5. SRI. SHANKRAPPA B. DHARWAD S/O: BHARAMAPPA DHARWAD AGE: 54 YEARS, OCC: ARGI., AT/POST: SHIVALLI, TQ-DIST: DHARWAD - 580112. 6. SHRI YALLAPA F LAMBI S/O FAKIRAPPA LAMBI AGE. 48 YEARS, OCC: AGRICULTURE, R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD 580112. 7. SRI. SHIVAPUTRAPPA. MORAB S/O: PARUTAPPA MORAB AGE: 54 YEARS, OCC: DIRECTOR/AGRI, AT/POST: SHIVALLI, TQ-DIST: DHARWAD 580112. 8. SHRI PARSHURAM KADAM S/O SHIVAPPA KADAM AGE. 50 YEARS, R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD 580112. 9. SMT. RUDRAVVA B. BARKER W/O BASAPPA BARKER AGE. 56 YEARS, R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD 580112. 10. SMT. BASAVVA SIDRAMAPPA MALLANAVVAR W/O SIDRAMAPPA MALLANAVVAR AGE. 68 YEARS, R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD 580112. - 3 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 11. SHRI SHANTAPPA M BADENNAVR S/O MALLAPPA BADENNAVR AGE. 42 YEARS, R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD – 580112. 12. SHRI SHANKARAPPA KOLLAPPANAVAR S/O OF PAVADAPPA AGED ABOUT 46 YEARS, R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD–580112. 13. SHRI KALLAPPA BARAMAPPA KALI S/O BARMAPPA KALI, AGED ABOUT 57 R/O: AT/POST: SHIVALLI, TQ-DIST: DHARWAD 580112. 14. THE CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C BUILDING, A-BLOCK, SHANTHI NAGAR, BANGALORE-560027. 15. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI REGION, 3RD FLOOR, SHAKARI ADALITA BHAVAN, JAKKERI HONDA NEAR RAILWAY BRIDGE, OPP. KHB HERITAGE, BELAGAVI-590001. 16. DISTRICT ELECTION OFFICER, THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DHARWAD, M.D. PATRAVALI BUILDING, MALMADDI, 7TH CROSS, NEAR RAILWAY STATION, DHARWAD-580001. 17. THE ELECTION OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, DHARWAD SUB-DIVISION, DHARWAD, HONNASHETTI BUILDING, UB HILLS, 1ST CROSS, DHARWAD-580001. 18. RETURNING OFFICER, SHIVALLI MILK PRODUCER, CO-OPERATIVE SOCIETY, SHIVALLI, AT POST. SHIVALLI, TQ & DIST. DHARWAD-580112. ...RESPONDENTS (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE FOR R1-R13; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R14; SRI. GANGADHAR J.M., AAG ALONG WITH SRI. V.S. KALASURMATH, AGA FOR R15 TO R18) - 4 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE PRESENT WRIT APPEAL AND SET ASIDE THE IMPUGNED INTERIM ORDER DATED 22.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103377/2025 (ANNEXURE-A) & ETC. THIS WRIT 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 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) This Court has passed an interim order on 28.07.2025, whereby though the election was permitted to be proceeded with, the results were directed not to be declared. A reasoned order of the learned Single Judge was subsequently made available to this Court. 2. It is to be noticed that if the results were directed to be announced, as sought by the learned counsel for the respondents, nothing would survive for consideration in the writ petition itself. Accordingly, it would be appropriate to request the learned Single Judge to expedite the hearing of writ petition itself. - 5 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 3. Noticing that the present appeal is only against the interim order of learned Single Judge, we find that the direction passed by this Court, as an interim measure, would ensure that the proceedings before the learned Single Judge are not rendered infructuous. 4. Though the learned counsel for the respondents refers to the interim order passed in WA No.100308/2025 and seeks for passing an order on the ground of parity, it is to be noticed that the stand of this Court staying the announcement of election results is only after taking note of order of learned Single Judge with respect to the same Society passed in WP No.107121/2024, dated 4.4.2025, earlier to the pronouncement of calendar of events. The direction passed in WP No.107121/2024 that the elections to be held only after compliance of procedure regarding the voters list as contemplated under Rule 13D(2A) of the Karnataka Co-operative Societies Rules, 19601. Further, it is noticed that though the order passed in WP No.107121/2024 has been challenged in WA No.100216/2025, as on date, there is no stay of the said order. 1 For short, ‘Rules’ - 6 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 Even otherwise, we find that the direction passed was only with regard to compliance of Rule 13D(2A) of the Rules. 5. In light of the above, the writ appeal stands disposed off. All contentions of the parties are left open. 6. Needless to state that any observation made in the present appeal would not have the effect of being construed as finding on merits and it has been made only for the limited purpose of disposing off the present appeal against the interim order passed by the learned Single Judge. 7. The learned Single Judge to expedite the hearing of the matter in light of contention of the respondents that the elections of the Federal Society would be prejudiced, if there is no representative of the Primary Society. 8. The parties to co-operate for early disposal of the writ petition and the respondents are at liberty to move the matter by requesting the learned Single Judge for disposal of the writ petition at the earliest, which request is kept open to be considered by the learned Single Judge appropriately. - 7 - HC-KAR NC: 2025:KHC-D:11348-DB WA No. 100455 of 2025 9. Registry to place the election proceedings directed to be placed in a sealed cover before this Court as per order dated 28.07.2025, before the learned Single Judge. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 24