Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8771 OF 2026 (GM-KSR) BETWEEN:
1.
SRI.GOVINDAPPA D G., SON OF PURNA GONDAIAH, AGED ABOUT 61 YEARS, RESIDING AT NO.18, JOGIHATTI, GOWDAGERE, CHITRADURGA.
MEMBERSHIP NO.272
2.
SRI. RADHAKRISHNA J, SON OF JAGANNATHA, AGED ABOUT 35 YEARS, RESIDING AT KYAYAGONDANAHALLI, YADAGHATTA, CHITRADURGA - 577 522.
MEMBERSHIP NO.363
3.
SRI.JAYAPRAKASHYADAV M, SON OF MAHANTHESH, AGED ABOUT 27 YEARS, RESIDING AT KURUBARAHALLI, THIRUMALAPURA, CHITRADURGA - 577 520.
MEMBERSHIP NO.725
4.
SRI. PRAKASH K, SON OF KAMANNA, AGED ABOUT 45 YEARS,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
RESIDING AT M G HATTI, NEAR SHANISHWARA GADDIGE, ESWARAGERE, HUVINAHOLE, CHITRADURGA - 577 598.
MEMBERSHIP NO.866. …PETITIONERS (BY SRI. NARENDRA BABU H.L., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE - 560 001.
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, VASANT NAGAR, BANGALORE - 560 052.
3.
THE JOINT DIRECTOR OF CO-OPERATIVE SOCIETIES (ICDP), OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, VASANT NAGAR, BANGALORE - 560 052.
4.
THE DISTRICT REGISTRAR AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, B.L GOWDA LAYOUT,
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HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
SAHAKARI BAVANA, CHITRADURGA - 577 501.
5.
CHITRADURGA DISTRICT YAVADA (GOLLA) SANGA(R), A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960.
HAVING REGISTERED OFFICE AT RANGAYYANA BAGILU, CHITRADURGA - 577 599.
6.
THE ADMINISTRATOR, CHITRADURGA DISTRICT YAVADA (GOLLA), SANGA(R), RANGAYYANA BAGILU, CHITRADURGA - 577 599. …RESPONDENTS (BY SMT.AMARAVATHI H.R., ADVOCATE FOR R1 TO R4, R5;
NOTICE TO R5 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R6 ADMINISTRATOR OF CHITRADURGA DISTRICT YAVADA (GOLLA) SANGA (R) TO FORTHWITH CONDUCT ELECTIONS TO THE MANAGING COMMITTEE OF THE SAID SOCIETY WITHIN A TIME FRAME FIXED BY THIS HONBLE COURT AS PER ANNX-E1 AND E2., AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
ORAL ORDER
Captioned petition is filed seeking following reliefs: (a) Issue a writ of mandamus or any other appropriate writ,
order or direction directing Respondent No.6 Administrator of Chitradurga District Yavada (Golla) Sanga(R) to forthwith conduct elections to the Managing Committee of the said Society within a time frame fixed by this Hon'ble Court as per ANNEXURE-E1 AND E2.
b) Issue a writ, order or direction to respondent Nos. 1 to 4 to ensure due compliance with the statutory provisions and to take all necessary steps for holding elections to respondent No.5-society within the time- frame fixed by this Hon'ble Court as per ANNEXURE- E1 AND E2
c) Grant such other or further reliefs as this Hon'ble Court deems fit in the interest of justice and equity.
2. The grievance of the petitioners is directed against the inaction of respondent No.6 – Administrator in failing to conduct elections to respondent No.5–Society, notwithstanding the specific directions issued by respondent No.1–State under
order dated 27.03.2025. - 5 -
HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
3. Upon perusal of the material on record, this Court finds that the petitioners are justified in their grievance. The inaction on the part of respondent No.6–Administrator, in not conducting elections in compliance with the directions issued by respondent No.1–State vide order dated 27.03.2025, warrants interference. In this regard, this Court deems it appropriate to extract the order passed by respondent No.1, produced at Annexure–E1, which reads as follows: ಸಾðರದ ಆೇಶ ಸಂೆ
: ಒ 90 ಎಾಆ 2025 ೆಂಗಳರು, ಾಂಕ: 27.03.2025
ಪ#ಾ$ವೆಯ'( )ವ*ರುವ ಅಂಶಗಳ ,ೆ-.ೆಯ'(, ಕಾðಟಕ ಸಂಘಗಳ ೋಂದ2ೆ ಾ34 1960 ರ ಕಲಂ 27-ಎ ರನ9ಯ :ತ#ದುಗð <.ಾ( =ಾದವ >ೊಲ(ರ ಸಂಘ(*), (ೋಂದ2ೆ ಸಂೆ
:11/1968-69) ರಂಗಯ
ನಾAಲು ಬC :ತ#ದುಗð, ಈ ಸಂಘೆE ಉಪ)Gಾ>ಾHಾ*ಗಳI, :ತ#ದುಗð ಉಪ )Gಾಗ, ಕಂಾಯ ಇ.ಾೆ ಇವರನು- ಈ ಆೇಶ KೋರLದ ಾಂಕಂದ ಮುಂನ 06 ತಂಗಳ ಅವH>ೆ ಆಡCOಾHಾ*=ಾA ೇP ಆೇQೆ. ಆಡCOಾHಾ*ಯು ಕೂಡ.ೇ ಸಂಘದ ಪ#Gಾರವನು- ವ,ೊಂಡು, ಸಂಘದ ಆಡCತ ಮಂಡC>ೆ ಚುಾವ2ೆ ನSೆ, ಚುಾTತ ನೂತನ ಆಡCತ ಮಂಡC>ೆ ಅHಾರ ಹಾ$ಂತ*, ಸಾðರೆE ವರ ಸ'(ಸತಕEದು4. - 6 -
HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
4. This court also deems it fit to extract the directions issued by the first respondent vide order dated 18.09.2025, evidenced at Annexure-E2, as follows: ಸಾðರದ ಆೇಶ ಸಂೆ
: ಒ 90 ಎಾಆ 2025 ೆಂಗಳರು, ಾಂಕ: 18.09.2025
ಪ#ಾ$ವೆಯ'( )ವ*ರುವ ಅಂಶಗಳ ,ೆ-.ೆಯ'(, ಕಾðಟಕ ಸಂಘಗಳ ೋಂದ2ೆ ಾ34 1960 ರ ಕಲಂ 27-ಎ ರನ9ಯ :ತ#ದುಗð <.ಾ( =ಾದವ >ೊಲ(ರ ಸಂಘ(*), (ೋಂದ2ೆ ಸಂೆ
:11/1968-69) ರಂಗಯ
ನಾAಲು ಬC :ತ#ದುಗð, ಈ ಸಂಘಕದ ಆಡCOಾHಾ* ಅವHಯನು- ಾಂಕ 27.09.2025 *ಂದ ಮುಂನ 06 Wಂಗಳ ಅವH>ೆ ವಸ$* ಆೇQೆ. ಆಡCOಾHಾ*ಯು ಸಂಘದ ಆಡCತ ಮಂಡC>ೆ ಚುಾವ2ೆ ನSೆ, ಚುಾTತ ನೂತನ ಆಡCತ ಮಂಡC>ೆ ಅHಾರ ಹಾ$ಂತ*, ಸಾðರೆE ವರ ಸ'(ಸತಕEದು4. 5. Upon careful consideration of the directions issued by respondent No.1–State, as evidenced in Annexures–E and E1, this Court is fully satisfied that there is manifest inaction, amounting to dereliction of duty, on the part of respondent No.6–Administrator in not initiating and conducting elections to respondent No.5–Society. The directions issued by the State are explicit and leave no room for ambiguity, mandating the
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HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
conduct of elections within a reasonable timeframe. Despite such categorical directions, respondent No.6 has failed to act, thereby frustrating the very object of democratic governance in the affairs of the Society. 6.
This Court has also taken note of the observations made by a Co-ordinate Bench in W.P. No.350/2025, wherein the very same directions issued by the State under Annexures– E and E1 fell for consideration. The Co-ordinate Bench, while adverting to the said directions, has categorically observed that the term of the Board of Directors had already expired during the year 2023–24, and yet, no concrete steps were undertaken to conduct elections. The said observations further fortify the conclusion that there has been continued and unexplained inaction on the part of the Administrator. 7. It is a settled position of law, consistently reiterated by this Court, that an Administrator appointed to a Society cannot be permitted to continue indefinitely so as to supplant a democratically elected body. The very purpose of appointing an Administrator is only transitional, with a clear mandate to facilitate the conduct of elections and restore the management
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HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
to an elected Committee. An Administrator, therefore, cannot assume or exercise prolonged control over a Society, particularly one registered under the provisions of the Karnataka Societies Registration Act, 1960, merely on the strength of an executive order. 8. Once the tenure of the elected body has expired and an Administrator is appointed, a corresponding statutory and legal obligation is cast upon such Administrator to promptly initiate the electoral process, strictly in accordance with the bye-laws governing the Society, and to hand over the administration to a duly elected Committee. The failure of respondent No.6 to discharge this obligation constitutes clear arbitrariness and illegality. In view of such inaction, the petitioners are justified in invoking the writ jurisdiction of this Court seeking appropriate directions. 9. In that view of the matter, respondent No.6 is bound to conduct elections by strictly adhering to the procedure prescribed under the bye-laws of respondent No.5–Society and to ensure that the administration is transferred to the newly elected body without any further delay. - 9 -
HC-KAR NC: 2026:KHC:15919 WP No. 8771 of 2026
ORDER (i) The writ petition is hereby allowed. (ii) Respondent No.6–Administrator is directed to initiate and conduct elections to respondent No.5–Society strictly in accordance with the procedure prescribed under its bye-laws. (iii) Respondent No.6 shall issue the calendar of events for conducting the elections within a period of six (6) weeks from the date of receipt of a certified copy of this order. (iv) Upon completion of the electoral process, respondent No.6 shall forthwith hand over the administration and charge of respondent No.5–Society to the duly elected Committee. (v) It is made clear that any further delay or non- compliance shall be viewed seriously and may entail appropriate consequences in accordance with law.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
SS List No.: 1 Sl No.: 39