- 1 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 34605 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. M. VENKATAREDDY, S/O LATE MUNISHAMAPPA, AGED ABOUT 77 YEARS R/AT. DODDABOMMANAHALLI VILLAGE, MYLANDAHALLI POST CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563125 2. SRI VISHWANATH R, S/O RAMASWAMY, AGED ABOUT 46 YEARS, R/AT. JEEDARAHALLI VILLAGE CHINTAMANI TALUK, CHIKKABALLAPUR - 563128 3. SRI. K.M. NATARAJ, S/O MUNIYAPPA K.H AGED ABOUT 51 YEARS, R/AT. KURUBRU VILLAGE, MYLANDAHALLI POST, CHITAMANI TALUK CHIKKABALLAPUR-563125. 4. SRI KRISHNAPPA K.M., S/O LATE MUNIVEERA NAYAK, AGED ABOUT 57 YEARS, R/AT KURUBRU VILLAGE, MYLANDAHALLI POST, CHITAMANI TALUK CHIKKABALLAPUR 563125. 5. SMT. GANGAMMA, W/O VENKATANARAYANAPPA Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 AGED ABOUT 65 YEARS, R/AT RACHAPURA, HIREKATTIENAHALLI, CHINTAMANI TALUK, CHIKKABALLAPUR-563138. 6. SRI. SHIVAREDDY M S/O MUNIVENKATARAMIAH AGED ABOUT 55 YEARS, R/AT DODDABOMMANAHALLI, MYLANDAHALLI POST, CHIKKABALLAPUR-563135. 7. SRI. KRISHNAPPA A.G., S/O GANGAIAH, AGED ABOUT 50 YEARS, R/AT ANOOR VILLAGE AND POST, CHINTAMANI TALUK, CHIKKABALLAPUR 563125. 8. SRI. K SRINIVAS GOWDA, S/O KRISHNEGOWDA S.N AGED ABOUT 51 YEARS, R/AT CHINTAMANI TALUK SEEKALLU, CHIKKABALLAPUR-563125. 9. SRI MUNIVENKATAPPA, S/O B NARAYANAPPA, AGED ABOUT 55 YEARS, R/AT BYALAHALLI VILLAGE, CHIKKABALLAPURA DISTRICT-563128 PETITIONERS AGED ABOVE 60 YEARS, SENIOR CITIZEN NOT CLAIMED …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION VIKAS SOUDHA BANGALORE 560001 REP BY ITS SECRETARY - 3 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 2. THE REGISTRAR CO OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BANGALORE 560052 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD SHANTINAGAR, BANGALORE - 560 027 REP BY ITS SECRETARY 4. THE DEPUTY REGISTRAR CO OPERATIVE SOCIETIES, S.B.7, 2ND FLOOR, ADMINISTRATIVE BHAVAN, CHIKABALAPUR 562101 5. THE RETURNING OFFICER KURBURU RESHME AND RAITHARE SEVA SAHAKARA SANGHA NIYAMITA KURBURU CHINTAMANI TALUK CHIKABALAPUR DISTRICT-563125 6. KURBURU RESHME AND RAITHARE SEVA SAHAKARA SANGHA NIYAMITA KURBURU CHINAMANI TALUK CHIKABALAPUR DISTRICT 563125 REP BY ITS CEO REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 2, 4 &5 SRI. A. DEVARAJ, ADVOCATE FOR R3 V/O DT.19/11/2025, NOTICE TO R6 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DTD 10.11.2025 BEARING NO. DRC/CHUNAVANE/CR/2025-26 ISSUED BY THE R-4 VIDE ANX-G AND DIRECTING THE R-3-6 TO CONDUCT THE ELECTION PROCESS OF RESPONDENT NO. 6 SOCIETY AND ETC., - 4 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 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 The petitioners have approached this Court, seeking issuance of writ in the nature of Certiorari, to quash the endorsement dated 10.11.2025 issued by respondent No.4, produced as per Annexure-G, to direct respondent Nos.3 to 6 to conduct election for respondent No.6-Society and also to direct the respondents to continue the present Board, in accordance with the Notification dated 05.06.2024, produced as per Annexure-H, till fresh elections are held. 2. Heard Sri. Jaykumar S. Patil, learned senior advocate for Sri. Varun Jaykumar Patil, learned counsel for the petitioners, Sri Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 2, 4 and 5. and Sri. A. Devaraju, learned counsel for respondent No.3. Perused the materials on record. 3. Learned senior advocate has addressed his arguments on 18.11.2025, expressing his apprehension that the term of - 5 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 office of the present Directors would expire on 21.11.2025 and in the meantime, Annexure-G came to be issued, refusing to approve the final voters list. 4. The Co-ordinate Bench of this Court in Shivananja and others V/s State of Karnataka and others1 has recorded a categorical finding that there is no embargo for functioning of two or more PACS in the same area and no direction could be issued under Section 12(5) of the Karnataka Co-operative Societies Act, 1959 (for short, 'the KCS Act'), to delete a particular Gram Panchayat, or Taluk, or District Panchayat from the area of operation of an existing Society let alone to facilitate the establishment of a new Society. It also held that it would not be required to delete the existing PACS from the area of operation in a particular Gram Panchayat to enable establishment of another PACS in the very same gram Panchayat. Therefore, it is made clear that, it is for the members of the existing PACS to comply with all the obligations to the PACS, of which they are members, and to join the new PACS by resigning their membership. In view of these settled 1 W.P.NO.1098 of 2024 DD.02.05.2025 - 6 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 position of law, I do not find any justification for issuance of Annexure-G by respondent No.4. Hence, the same is liable to be quashed. 5. Learned Additional Government Advocate for respondent Nos.1, 2, 4 and 5, on instructions submits that the election to respondent No.6-Society will be held in a time bound-manner, in accordance with law. 6. However, learned counsel for the petitioners expressed the apprehension that in the meantime immediately after expiry of the term of office of the petitioners, the Administrator may be appointed. 7. In view of the above, I proceed to pass the following: ORDER i) The Writ Petition is allowed. ii) Annexure-G dated 10.11.2025 issued by respondent No.4, is hereby quashed. iii) However, it is made clear that the Assistant Registrar of Co-operative Society concerned is directed to consider the objections if any, - 7 - HC-KAR NC: 2025:KHC:47677 WP No. 34605 of 2025 for acceptance of the final voters list and to finalize the same. iv) Respondent Nos.2 and 5 are directed to issue necessary Notification as required under law for holding election to respondent No.6-Society in a time bound-manner. v) Till then, the petitioners Board shall continue to be in office. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 14