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2025 DAILYLAW 70473 (KAR)

VISHWANATHA A M v. STATE OF KARNATAKA

WP/34911/2025 · 2025-12-15

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53323 WP No. 34911 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 34911 OF 2025 (CS-EL/M) BETWEEN: 1. VISHWANATHA A M AGED ABOUT 49 YEARS S/O MEGHANATHAPPA (MEMBERSHIP NO.269) DAVANAGERE ROAD, KOTTURESHWARA NILAYA K BEVINAHALLI, VTC: BANNIKODU PO. BANNIKODU HARIHARA, DAVANGERE DISTRICT - 577 516 2. SANTHOSHA B.G AGED ABOUT 45 YEARS S/O BASAVARAJAPPA (MEMBERSHIP NO.240) BANNEKODU POST BEVINAHALLI DAVANGERE-577516 3. MANJAPPA B AGED ABOUT 63 YEARS S/O A MUNIYAPPA.B (MEMBERSHIP NO.280) DEVARABELAKERE HARIHARA, DAVANGERE-577002 4. G SIDDESHWARAPPA AGED ABOUT 39 YEARS S/O RAJASHEKARAPPA (MEMBERSHIP NO.283) BANNEKODU POST BEVINAHALLI DAVANGERE-577516 …PETITIONERS (BY SRI. VINAYA KEERTHY M., ADVOCATE) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53323 WP No. 34911 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. OF COOPERATIVE SOCIETIES M S BUILDING, VIDHANA VEEDHI BENGALOORU - 560 001 2. STATE COOP ELECTION AUTHORITY 3RD FLOOR, TTMC-A BLOCK SHANTHINAGAR, BENGALOORU-560027 REPRESENTED BY ITS SECRETARY 3. DY. REGISTRAR OF COOP. SOCIETIES/DISTRICT ELECTION OFFICER DAVANGERE DIST., DAVANGERE - 577 501 4. RETURNING OFFICER SRI HARA VIVIDODHESHA SAHAKARA SANGA LTD TOWN COOPERATIVE BANK LTD SHIVAMOGGA ROAD HARIHARA-577601 5. SRI HARA VIVIDODHESHA SAHAKARA SANGA LTD, TOWN COOPERATIVE BANK LTD, SHIVAMOGGA ROAD HARIHARA 577601 REPRESENTED BY ITS SECRETARY REG SOCIETY UNDER CO-SOCIETIES REG ACT 6. GURUNATH.M S/O MALLAPPA AGED ABOUT MAJOR 7. CHANDRAPPA ANGADI S/O ANGADI VEERAPPA AGED ABOUT MAJOR 8. SHIVANANDAPPA D.G S/O HALAPPA D.G AGED ABOUT MAJOR - 3 - HC-KAR NC: 2025:KHC:53323 WP No. 34911 of 2025 9. NAGARAJAPPA T.N S/O NINGAPPA AGED ABOUT MAJOR 10. BASAVARAJ OMKARI S/O VEERABHADRAPPA AGED ABOUT MAJOR 11. SIDDESH K.G S/O K.G GUDI BASAPPA AGED ABOUT MAJOR 12. NAGAPPPA H S/O KOTRAPPA AGED ABOUT MAJOR 13. GOPI P.N S/O NAGAPPA AGED ABOUT MAJOR 14. SHANKARAPPA N.R S/O RUDRAGOWDA AGED ABOUT MAJOR 15. ROOPA NAGARAJ C/O NAGARAJ KURAVATTHI AGED ABOUT MAJOR 16. SHAMBHAVI D.N C/O D.G NAGARAJ AGED ABOUT MAJOR 17. NAGARAJ M S/O MARIYAPPA AGED ABOUT MAJOR 18. RAJAPPA P S/O PUTTAPPA AGED ABOUT MAJOR ALL ARE GOVERNING COUNSEL MEMBERS OF SRI HARA VIVIDODHESHA SAHAKARA SANGA LTD TOWN COOPERATIVE BANK LTD SHIVAMOGGA ROAD, HARIHARA-577601 …RESPONDENTS (BY SRI. YOGESH .D NAIK, AGA FOR R1, 3 & 4 - 4 - HC-KAR NC: 2025:KHC:53323 WP No. 34911 of 2025 SRI. A. DEVARAJA, ADVOCATE FOR R2 SMT. SHRUTHI, ADVOCATE FOR SRI. T.C. MALLIKARJUNA SWAMY, ADVOCATE FOR R5 TO 18 (VK FILED)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PUBLICATION OF THE RESULT OF THE R6 TO 18 OF R5 SOCIETY DATED 09.11.2025 ISSUED BY THE R4 AT ANNX-F. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard learned counsel for the petitioners and learned Additional Government Advocate for respondent Nos.1, 3 and 4. 2. Learned Additional Government Advocate submits that the petitioners are challenging the result of the election. Virtually, it is the election petition and therefore, the petitioners have to invoke Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'). - 5 - HC-KAR NC: 2025:KHC:53323 WP No. 34911 of 2025 3. In view of the statutory remedy that is available to the petitioners, they cannot maintain this petition before this Court. Accordingly, I proceed to pass the following: ORDER (i) The petition is dismissed. (ii) The petitioners are at liberty to raise the dispute under Section 70 of KCS Act before the appropriate authority, within ten days from the date of receipt of copy of this order, if they are advised to do so. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 17