- 1 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1602 OF 2026 (CS-RES) BETWEEN: SRI. H R ASHOK S/O H.R. RAMACHANDRAPPA, AGED ABOUT 50 YEARS, AGRICULTURIST, GOPANAL VILLAGE, DAVANAGERE TALUK DIST., - 577514, …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES DAVANGERE, DIST.,- 577 001 2. SRI. R.G. KUBERAPPA S/O LATE GURUBASAPPA, AGED ABOUT 73 YEARS, AGRICULTURIST, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 R/AT RAMAGONDANAHALLI VILLAGE, DAVANAGERE TALUK 577514 3. THE MANAGER PRATHAMIKA SAHAKARI KRUSHI, AND GRAMINA ABHIRUDDI BANK, DAVANAGERE- 577 002 4. SRI. SATISH NAIK THE RETRUNING OFFICER PRATHAMIKA KRUSHI AND GRAMINA ABIRUDDI BANK, DAVANGERE AND SALES OFFICER, OFFICE OF THE ADDITIONAL REGISTRAR OF CO-OP SOCIETIES, DAVANGERE SUB-DIVISION DAVANGERE- 577 004 …RESPONDENTS (BY SRI. G M CHANDRASHEKAR, ADVOCATE FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 12/12/2025, PASSED BY THE 1ST RESPONDENT IN ELECTION MIS/CASE NO. DR/DVG/DAVA/MADYANTARA/03/2025-26, PRODUCED AT ANNEXURE-'A' IN SO FAR AS ALLOWING THE APPLICATION OF ANNEXURE-E THE RESPONDENT NO-2 FILED UNDER ORDER VI RULE 17 OF CPC FOR AMENDMENT OF THE PETITION TO INSERT THE CAUSE OF ACTION BEFORE THE RESPONDENT NO- - 3 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 1 IN ELECTION MIS/CASE NO. DR/DVG/DAVA/MADYANTARA/ 03/2025-26, ANNEXURE – B, AND PRAY TO PASS ANY SUCH OTHER RELIEF AS THIS HON'BLE DEEM FIT UNDER THE CIRCUMSTANCES OF THE ABOVE CASE IN THE INTEREST OF JUSTICE OF AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition challenging the order dated 12.12.2025 passed by respondent No.1 in Election Mis/Case No.DR/DVG/DAVA/03/MADYANTARA/2025-26 vide Annexure-A, wherein the petitioner has filed the interim application under Order VII Rule 11(a) and (d) of the CPC for rejection of the petition. 2. Brief facts, leading rise to the filing of this petition are as follows: 2.1. Elections of respondent No.3-Bank was held on 08.02.2025, and the petitioner was declared as a returned - 4 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 candidate. After completion of 45 days from the date of result, respondent No.2 had filed an election petition in Election Mis/Case No.DR/DVG/DAVA/03/MADYANTARA/ 2025-26 before respondent No.1 challenging the election results. The petitioner filed an interim application under Order VII Rule 11(a) and (d) of CPC for the rejection of the petition on 04.07.2025. Respondent No.2 filed an application under Order VI Rule 17 of CPC for the amendment of the election petition to insert the cause of action on 19.08.2025. Respondent No.1 passed the impugned order dated 12.12.2025. The petitioner, aggrieved by the impugned order, filed this petition. 3. Heard the arguments of learned counsel for the petitioner, and learned counsel for respondent No.2. 4. Learned counsel for the petitioner submits that, the petitioner filed an application under Order VII Rule 11(a) and (d) of the CPC for the rejection of petition and respondent No.2 filed an application under Order VI Rule 17 of the CPC for the amendment of the petition to insert - 5 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 a cause of action. Respondent No.1, without assigning any reasons, has passed the impugned order. Hence, on these grounds, he prays to quash the impugned order, and to direct respondent No.1 to pass an appropriate order by assigning the detailed reasons. 5. Per contra, learned counsel for respondent No.2 submits that, application for rejection of the petition has been filed by the petitioner only with an intention to drag on the matter. Respondent No.1 has rightly rejected the application filed by the petitioner. Hence, on these grounds, he prays to dismiss the writ petition. 6. Perused the records, and considered the submissions of the learned counsel for the parties. 7. The undisputed facts are, the petitioner was elected as a Director; respondent No.2 challenging the results of the election declaring the petitioner as a Director, filed an election petition before respondent No.1. The petitioner filed an application under Order VII Rule - 6 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 11(a) and (d) of the CPC for the rejection of petition; and respondent No.2 filed an application under Order VI Rule 17 of the CPC to insert a cause of action. Thereafter, the impugned order came to be passed by respondent No.1. 8. From the perusal of the impugned order at Annexure-A, it is evident that, respondent No.1, without assigning any reasons, has passed the impugned order on 12.12.2025. Hence, on this ground alone itself, the impugned order is liable to be quashed. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The impugned order dated 12.12.2025 vide Annexure-A is quashed; iii. Respondent No.1 is directed to pass an appropriate order on the applications filed by the petitioner and respondent No.2, by assigning the detailed reasons in accordance with law; - 7 - HC-KAR NC: 2026:KHC:7848 WP No. 1602 of 2026 iv. Pending application(s) in this petition, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV