- 1 - HC-KAR NC: 2025:KHC-D:10834 WP No. 106205 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106205 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. LAXMI W/O. MANJAPPA NAIK, AGE: 77 YEARS, OCC: HOUSEHOLD WORK, R/O: LAXMI NILAY, BELKE VILLAGE, TQ: BHATKAL, DIST: UTTAR KANNADA – 581 320. 2. SMT. LAXMI W/O. DURGAPPA NAIK, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: GANDHI NAGAR, HEBALE VILLAGE, TQ: BHATKAL, DIST: UTTAR KANNADA – 581 320. 3. SMT. CHANDRAPRABHA W/O. BHASHKAR NAIK, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: RADHA NILAY, JANATA COLONY, BELKE VILLAGE, TQ: BHATKAL DIST: UTTAR KANNADA – 581 320. 4. SMT. BIBI HAJIRA W/O. MOHAMMAD SALIM SALIF, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: AZAD NAGAR, 6TH CROSS, BELAKE VILLAGE, TQ: BHATKAL DIST: UTTAR KANNADA – 581 320. 5. SMT. BHAVANI W/O. NAGARAJ NAIK, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10834 WP No. 106205 of 2025 AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: BANDIKAS, SHIRALI VILLAGE, TQ: BHATKAL, DIST: UTTAR KANNADA – 581 320. 6. SMT. LAXMI W/O. MOHAN GOND, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: KHOTKHAND, MARUKERE VILLAGE, TQ: BHATKAL DIST: UTTAR KANNADA – 581 320. …PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIDHAN SABHA, BENGALURU - 560 001, REPRESENTED BY PRINCIPAL SECRETARY. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANANDA DISTRICT, KARWAR – 581 301. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOPPALKARWADI, KUMTA – 581 343. 4. SMT. RADHA W/O. SHRIDHAR NAIK, AGE: 50 YEARS, OCC: KEPPIMANE, MUNDALI VILLAGE, TQ: BHATKAL, DIST: UTTAR KANNADA – 581 320. 5. SMT. VIJAYA W/O. JAYANT NAIK, AGE: 50 YEARS, R/O: KALABANDIMANE, DEVAGIRI VILLAGE, MURADESHWAR, TQ: BHATKAL, DIST: UTTAR KANNADA – 581 320. - 3 - HC-KAR NC: 2025:KHC-D:10834 WP No. 106205 of 2025 6. GURUKRUPA PATTINA SAHAKARA SANGHA NIYAMITA PUSHPANJALI CROSS, MANKALI, TQ: BHATKAL, DIST: UTTARA KANNADA – 581 320, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 7. ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMITA, MAIN POST OFFICE ROAD, POORNIMA COMPLEX, TQ: BHATKAL, DIST: UTTARA KANNADA – 581 320, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R3; NOTICE TO R4 TO R7 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENTS NO. 2 TO CONSIDER THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS ALONG WITH THE APPEAL IN DISPUTE BEARING NO. DAVA NO. DRN/F/DDS/MELMANAVI/19/2025-26 VIDE ANNEXURE- G AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. Notice to respondent Nos. 4 to 7 is dispensed with in view of the proposed order to be passed. - 4 - HC-KAR NC: 2025:KHC-D:10834 WP No. 106205 of 2025 3. The petitioners are before this Court seeking for the following reliefs: A. Issue a writ of Mandamus, directing Respondents No. 2 to consider the Interlocutory Application filed by the Petitioners along with the Appeal in dispute bearing no. DAVA No. DRN/ F/ DDS/ MELMANAVI / 19/2025-26 vide annexure- g b. pass any such other order(s) or direction deemed fit in the interest of justice. B. Pass any such other order(s) or direction deemed fit in the interest of justice. 4. The petitioners and respondent Nos.4 and 5 are stated to be members of respondent No.7 - cooperative society. Respondent Nos.6 and 7 are the cooperative societies. 5. Elections being held to the post of management committee of respondent No.7 on 06.07.2023, the petitioners and respondent Nos.4 and 5 had submitted their nomination papers. 6. Contending that respondent Nos.4 and 5 were disqualified under Section 29C of the Karnataka Co- operative Societies Act, 1959, the petitioners sought - 5 - HC-KAR NC: 2025:KHC-D:10834 WP No. 106205 of 2025 for disqualification of respondent Nos.4 and 5 before respondent No.3, which was contested and the said petition came to be dismissed vide order dated 20.03.2025. Challenging the same the petitioners had filed an appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959 whereunder IA No.1 was filed seeking for interim order restraining respondent Nos.4 and 5 from participating in the general body meeting of respondent No.7 - society. 7. Notice having been ordered thereon, the petitioners are before this Court contending that the said application ought to have been considered and interim orders ought to have been passed in favour of the petitioners. 8. Having heard the learned counsel for the petitioners, I am of the considered opinion that the elections having been held on 06.07.2023, the results having been declared and thereafter the proceedings filed under Section 29C of the Karnataka Co-operative Societies - 6 - HC-KAR NC: 2025:KHC-D:10834 WP No. 106205 of 2025 Act, 1959 having been dismissed, in the appeal now pending, respondent No.2 was right in directing issuance of notice on respondent Nos.4 and 5 before considering the interlocutory application. 9. Needless to say, once respondent Nos.4 and 5 were to appear in the said matter, The application in IA No.1 could be considered on merits and orders passed by respondent No.2. 10. With the above observation, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE sh/CT-ASC List No.: 1 Sl No.: 24