Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 73277 (KAR)

SRI. GIRISH S v. THE STATE OF KARNATAKA

WP/13265/2025 · 2025-09-08

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 13265 OF 2025 (GM-KSR) C/W WRIT PETITION NO. 5342 OF 2025 (GM-KSR) WRIT PETITION NO. 5514 OF 2025 (GM-KSR) WRIT PETITION NO. 14035 OF 2025 (GM-KSR) IN WP No. 13265/2025 BETWEEN: 1. SRI. GIRISH S S/O SRINIVAS, R/AT NO. 247, SHRINIDHI RESIDENCY. AGED ABOUT 44 YEARS GF-101, 7 MAIN, 1 CROSS BEHIND MANTRI ALPYNE, BANASHANKARI 5TH STAGE. SUBRAMANYAPURA, BENGALURU 560061. 2. SRI KIRAN KUMAR KADAM S/O K. DASHARATHA RAO. AGED ABOUT 57 YEARS. R/AT NO. 103, 5TH MAIN, 1 CROSS BALAJI LAYOUT, KODIGEHALLI BENGALURU-560094. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER 3. SRI.VIJAYAKUMAR P.B S/O B BHEEMANNA, AGED ABOUT 57 YEARS, R/AT PANJIGANAHALLI VILLAGE, KASABA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572139. 4. SRI.KRISHNAIAH J.K S/O LATE GUBBACHI KEMPAIAH, AGED ABOUT 68 YEARS, R/AT NO.793, BETTAHALLI MAIN ROAD, NEAR OVER HED WATER TANK, JINNAGARA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572111. …PETITIONERS (BY SRI. LOKESHA M Y.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027. 3. REGISTRAR OF SOCIETIES AND JOINT DIRECTOR OF REGISTRAR OF ASSOCIATION - 3 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER DIVISION-I, BENGALURU DISTRICT OFFICE AT NO.146, 1ST FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 4. THE RETURNING OFFICER KARNATAKA RIG OWNERS ASSOCIATION (R), NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU-560 056. 5. KARNATAKA RIG OWNERS ASSOCIATION (R), REGISTERED UNDER THE KARNATAKA ASSOCIATION REGISTRATION ACT NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU-560 056 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 ,R3; SRI. MOHAMMED TAHIR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOA) SET ASIDE THE NOTIFICATION DATED 17/04/2025 ISSUED BY THE R4 AS PER ANNX-H IN SO FAR AS PETITIONER IS CONCERN HOLDING THE SAME IS ILLEGAL; B) DIRECT THE R4 TO COUNT AND ANNOUNCE THE RESULT OF R5 ASSOCIATION IN THE TERMS OF INTERIM ORDER PASSED BY THIS HONBLE COURT IN - 4 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER WP NO. 5342/2025 AND WP NO. 5514/2025 FOUND AT ANNX-E AND F. IN WP NO. 5342/2025 BETWEEN: 1. CHERALATHAN MANI S/O MANI, AGED ABOUT 39 YEARS, R/AT LAKSHMI VENKATESHWARA NILAYA, PANCHAMUKI LAYOUT, HOSKOTE TOWN, BENGALURU RURAL DISTRICT -562114. 2. PARAMESHWARI RAVICHANDRAN W/O RAVICHANDRAN, AGED ABOUT 55 YEARS, R/AT NO.4/136, PERUMANKADU PALLIPATTI VILLAGE, KUMARAMANGALAM, NAMAKKAL DISTRICT, TAMIL NADU-637205. 3. RAVICHANDRAN RAMASWAMY S/O RAMASWAMY, AGED ABOUT 62 YEARS, R/AT NO.4/136, PERUMANKADU PALLIPATTI VILLAGE, KUMARAMANGALAM, NAMAKKAL DISTRICT, TAMIL NADU-637205. 4. KULANDAIVEL CHINNAGOUNDER S/O CHINNAGOUNDER, AGED ABOUT 49 YEARS, R/AT 2/251, - 5 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER VAVIPALAYAM, KUDI STREET, KOLARAM, NAMAKKAL, TAMIL NADU-637201. 5. SANTHOSH THANGAVEL S/O THANGAVEL, AGED ABOUT 23 YEARS, R/AT NO.5/571, GOUNDANPALAYAM, GOODAMALAI POST, GANGAVALLI TALUK, KUDAMALAI SALEM, TAMIL NADU-636105. 6. SURESH CHINNUSWAMY S/O CHINNUSWAMY, AGED ABOUT 39 YEARS, R/AT NO.3/209, AMMAN NAGAR, METTUPALAYAM, SHAKTINAYAKAPALAYAM, NAMAKKAL, TAMIL NADU-637205. 7. NIRMAL.N S/O NATESAN, AGED ABOUT 36 YEARS, R/AT NO. 102/2, KATCHERI STREET, VELUR ROAD, TIRUCHENGODE, NAMAKKAL TAMIL NADU-637211. 8. KAVITHA THANGAVEL W/O THANGAVEL, AGED ABOUT 38 YEARS, R/AT NO.5/571, GOUNDANPALAYAM, GOODAMALAI POST, GANGAVALLI TALUK, KUDAMALAI SALEM, TAMIL NADU-636105. ...PETITIONERS (BY SRI. LOKESHA M Y.,ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027. 3. REGISTRAR OF SOCIETIES AND JOINT DIRECTOR OF REGISTRAR OF ASSOCIATION, DIVISION-I, BENGALURU DISTRICT OFFICE AT NO. 146, 1ST FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 4. THE RETURNING OFFICER KARNATAKA RIG OWNERS ASSOCIATION (R), NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU-560 056. 5. KARNATAKA RIG OWNERS ASSOCIATION (R), NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU-560 056 REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1, R3 & R4; - 7 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER SRI. T.L. KIRAN KUMAR, ADVOCATE FOR2 SRI. MOHAMMED TAHIR, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTER LIST AND PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 25.02.2025. IN WP NO. 5514/2025 BETWEEN: 1. NARAYANASWAMY. V S/O VARADARAJU.S, AGED ABOUT 40 YEARS, R/AT NO.45, 3RD CROSS, VENKATESHWARA LAYOUT, MAHADEVAPURA, BENGALURU-560048. 2. CHANTERAN RASAPPAN S/O RASAPPAN, AGED ABOUT 48 YEARS, R/AT NO.6/113B, THERKKUTHOTTAM, RAYARPALAYAM POST, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637205. 3. DHARANIDHARAN MOORTHY S/O MOORTHY, AGED ABOUT 25 YEARS, R/AT 1/146-6, THIRUMALA NAGAR, POKKAMPALAYAM, - 8 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637205. 4. SANJEETHPREM THANGAVEL S/O THANGAVEL, AGED ABOUT 35 YEARS, R/AT 103, CO-OPERATIVE STREET-1, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637211. 5. ARUN PARAMASIVAM S/O PARAMASHIVAM, AGED ABOUT 42 YEARS, R/AT 5/209, SEYYAMPALAIYAM, PARAMATHI VELLUR, DEVANAMPALAYAM, NAMAKKAL, KANDAMPALAYAM, TAMIL NADU-637203. 6. RAJENTHIRAN RANGASWAMY S/O RANGASWAMY, AGED ABOUT 53 YEARS, R/AT 1/33, PALIKKADU, ELAMPULIYAMPALAIYAM, VARAGUTAMPATTI, ANDIPALAYAM, NAMAKKAL, TIRUCHENGODE, TAMIL NADU-637214. 7. VADIVARASI RAJENTHIRAN W/O RAJENDIRAN, AGED ABOUT 49 YEARS, R/AT 1/33, PALIKKADU, NAMAKKAL, TIRUCHENGODE, ELAMPULIYAMPALAIYAM, VARAGURAMPATTI, ANDIPALAYA, - 9 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER TAMIL NADU-637214. 8. SURESH SUBRAMANI S/O SUBRAMANI, AGED ABOUT 64 YEARS, R/AT NO. 47/1, 5/571, ELAMPULIYAMPALAIYAM, KILAPPALAYAM, NAMAKKAL, TAMIL NADU-637202. 9. LOGANATHAN SUBRAMANIYAM S/O SUBRAMANIYAM, AGED ABOUT 41 YEARS, R/AT 10/48, IYER, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637202. 10. PALANIYAPPAN SELLAPPAGOUNDAR S/O SELLAPPA GOUNDAR, AGED ABOUT 71 YEARS, R/AT 9/32, WEST KAADU UNJANAI, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637205. 11. VIVEK RAJAVEL S/O RAJAVEL, AGED ABOUT 35 YEARS, R/AT 2/127, VAIRAMPALAYAM, KARICHIPALAYAM POST, KOLARAM, NAMAKKAL, TAMIL NADU-637201. 12. SENTHIL KUMAR PALANIGOUNDER S/O PALANIGOUNDER, AGED ABOUT 48 YEARS, R/AT 5/7, ATHIMARAPPATTI, TIRUCHENGODE, DEVANGADU, AGARAM, - 10 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER NAMAKKAL, TAMIL NADU-637202. 13. SARAVANAN KALIANNAN S/O KALIYANNAN, AGED ABOUT 48 YEARS, R/AT 3/234G, KUTHIRAIPALLAM, TIRUCHENGODE, KURUVEPPAMPATTI POST, KARUVEPPAMPATTI DISTRICT, NAMAKKAL, TAMIL NADU-637304. 14. KANAGARAJ MARAPAGOUNDAR S/O MARAPAGOUNDAR, AGED ABOUT 61 YEARS, R/AT 1/44, MORKALIPALAYAM, MOLIPALLI, NAMAKKAL, TAMIL NADU-637201. 15. PRABHUKUMAR NALLAN S/O NALLAN, AGED ABOUT 42 YEARS, R/AT NO. 13, KUDI STREET, APPOORPALAYAM, KAILASAMPALAYAM, NAMAKKAL, TAMIL NADU-637209. 16. VADIVEL PALANISWAMY S/O PALANISWAMY, AGED ABOUT 40 YEARS, R/AT 3/126, NATTAMPALAYAM, TIRUCHENGODE, VATTUR, NAMAKKAL, TAMIL NADU-637205. 17. SENTHIL KUMAR PALANIGOUNDER S/O PALANIGOUNDER, AGED ABOUT 48 YEARS, - 11 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER R/AT 6/7, TIRUCHENGODE, AGRAHARAM, NAMAKKAL, TAMIL NADU-637202. 18. RAMESHWARAN.P S/O PALANIYAPPAN. AGED ABOUT 51 YEARS, R/AT D N 5-6, PULLIPALAYAM, MORUR, SALEM, TAMIL NADU-637304. 19. AJITH KUMAR S/O SELVAKUMAR, AGED ABOUT 27 YEARS, R/AT 131/1, KATCHERY STREET, VELLUR ROAD, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637211. 20. SAKTHIVEL PACHIYANNAN S/O PACHIYANNAN, AGED ABOUT 47 YEARS, R/AT NO.78, THONIKADU, NATTAMPALAYAM, TIRUCHENGODE, VATTUR, NAMAKKAL, TAMIL NADU-637205. 21. DHANASHEKAR K.A S/O ARUNACHALAM, AGED ABOUT 52 YEARS, R/AT 132/1, CHB COLONY WEST, VELLUR ROAD, THIRUCHENGODU, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637211. 22. NITHIYANANTHAM RAMU S/O RAMU. - 12 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER AGED ABOUT 47 YEARS, R/AT 2/8, VEPPANGKADU, TIRUCHENGODE, NAMAKKAL, TAMIL NADU-637304. 23. KAUSALYA SURESH W/O SURESH, AGED ABOUT 42 YEARS, R/AT 4/206-1 PUDHUR, UTHUPALLI KADU, ELAIYAMPALAYAM, NAMAKKAL, TAMIL NADU-637205. 24. KARTHIK MOHAN S/O MOHAN, AGED ABOUT 33 YEARS, R/AT 1/128-A, KUDI STREET, AND IPALAIYAM, NAMAKKAL, TAMIL NADU-637214. 25. SURENDRA KUMAR PALANIYAPPAN S/O PALANIYAPPAN MARAPPAN, AGED ABOUT 38 YEARS, R/AT NO.15/23A, PALANIVELKADU, SANKARI RS POST, SANKARI, SELAM, TAMIL NADU-637301. 26. D.MURUGAVEL S/O DHARMARAJU, AGED ABOUT 50 YEARS, R/AT NO.198/A, JAYAM NAGAR, PALMADAI, MORUR EAST, TIRUCHENGODU, NAMAKKAL, TAMIL NADU-637209. ...PETITIONERS (BY SRI. LOKESHA M Y.,ADVOCATE) - 13 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027. 3. REGISTRAR OF SOCIETIES-AND- JOINT-DIRECTOR OF REGISTRAR OF ASSOCIATION DIVISION-1, BENGALURU DISTRICT OFFICE AT NO. 146, 1ST FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 4. THE RETURNING OFFICER KARNATAKA RIG OWNERS ASSOCIATION (R), NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU-560 056. 5. KARNATAKA RIG OWNERS ASSOCIATION (R), REGISTERED UNDER THE KARNATAKA ASSOCIATION REGISTRATION ACT NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU-560 056 - 14 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. MOHAMMED TAHIR, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST, AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 25.02.2025. IN WP NO. 14035/2025 BETWEEN: 1. KARNATAKA RIG OWNERS ASSOCIATION (R) NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU -560056 REPRESENTED BY ITS GENERAL SECRETARY. 2. PRESIDENT, KARNATAKA RIG OWNER'S ASSOCIATION, NO.32, PANCHAJANYA KUTEERA, NGEF LAYOUT, 60 FEET LAKE ROAD, MALLATHALLI, BENGALURU -560056. ...PETITIONERS (BY SRI. LOKESH M Y., ADVOCATE) - 15 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION 6TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560001. REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT REGISTRAR OF SOCIETIES, 1ST CIRCLE, BENGALURU URBAN DISTRICT SAHAKARA SOUDHA, NO. 146, 1ST FLOOR, 3RD MAIN, 8TH CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU 560003. ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.12.2023 BEARING NO. DBR- 1/SA.SAM/DURU/76/2022-23 PASSED BY R-2 VIDE ANNX-C AS BAD IN LAW; AND CONSEQUENTLY PERMIT THE PETITIONER ASSOCIATION TO DECLARE THE RESULTS OF THE ELECTIONS HELD ON 25.02.2025 FOR SMOOTH FUNCTIONING AND PERFORMING ITS DAY TO DAY AFFAIRS IN ACCORDANCE WITH LAW, WITHOUT OBSTRUCTION ILLEGALLY BY RESPONDENTS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 16 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners in W.P.No.5342/2025 and W.P.No.5514/2025 contend that they have paid subscription as is required by the common fifth respondent’s byelaws and that therefore they are eligible to participate in the elections held on 25.02.2025 for election of office bearers and that the Returning Officer, the common fourth respondent who is appointed by the fifth respondent, has not permitted them to participate in such elections. 2. The petitioners in the other petition in W.P.No.13265/2025 have contested the elections and they have called in question the announcement of results in terms of Annexure-H appended to this writ petition. These petitioners also seek directions to the fourth respondent to count the votes cast by the other petitioners in terms of this Court's interim order in the first of these petitions. - 17 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER 3. The common fifth respondent in the afore petitions has filed its petition in W.P.No.14035/2025 calling in question the Registrar's Report dated 20.12.2023. The Registrar has filed this Report purportedly after an enquiry opining that, because subscription is received, the concerned must also be part of the voters list and permitted to contest the elections. 4. This Court, in W.P.Nos.5342/2025 and 5514/2025, has granted interim orders directing the Returning Officer to permit the petitioners to cast their votes but subject to the outcome of the petitions, and in fact in W.P.No.5514/2025, this Court has directed that the votes cast by the petitioners be counted and kept in a separate ballot box. The challenge to the announcement of the result in W.P.No.13265/2025 is premised in the assertion that there is violation of this Court's interim order in - 18 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER announcing the results without taking into consideration the votes cast by these petitioners. 5. The controversy, as is obvious from the aforesaid circumstances, relates to the election to the fifth respondent’s Managing Committee, and this Court's consistent view has been that the Registrar acting under Section 25 of the Karnataka Societies Registration Act, 1960 cannot adjudicate on such dispute and all such questions must be examined by the Civil Court. This Court must refer to a decision of a Co-ordinate Bench of this Court in W.P.No.932/2023 decided on 27.02.2024 wherein the exposition with reference to the earlier decisions is: 11. This Court after following the judgment of the co-ordinate bench rendered in the case of AMIYA VILAS SWAMI AND OTHERS v. SHANKHA BRITA DAS AND OTHERS reported in (2008) 3 KLJ 16 as also that of the Apex Court in the case of S.DAVID STEPHEN AND OTHERS v. C.M.S.E.S.D. MEMO.HR.SEC.SCHO.COMMT AND OTHERS in Civil Appeal No.5989-5991 of 2009 - 19 - HC-KAR NC: 2025:KHC:35187 WP No. 13265 of 2025 C/W WP No. 5342 of 2025 WP No. 5514 of 2025 AND 1 OTHER decided on 20-03-2012, in W.P.No.14787/2022, disposed on 16.11.2022, has clearly held that the process of election or the result of election or malpractices in the election or any other matter that would touch upon the elections are purely the matter to be challenged before the competent civil Court in a full blown proceedings and the Registrar could not get the jurisdiction to enter into the conduct of elections invoking power under Section 25 of the Act. 6. This Court therefore is of the view that the petitioners must approach the Civil Court for redressal of their respective grievances. It should also be open to the fifth respondent to demonstrate that they cannot rely upon the third respondent’s report on the receipt of subscription. While so observing, these petitions stand disposed of subject to all just exceptions. SD/- (B M SHYAM PRASAD) JUDGE NV