- 1 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4258 OF 2026 (CS-EL/M) BETWEEN: 1. DISTRICT HORTICULTURE GROWERS PRODUCE SALES AND MARKETING CO-OPERATIVE SOCIETY LTD., CHIKKAMAGALURU - 577 101, REPRESENTED BY ITS PRESIDENT K.H. KUMARA SWAMY S/O H.K. KALAYYA, MEMBERSHIP NO.014/033 (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 2. A.N. MAHESH S/O. A.N. NINGE GOWDA, AGED ABOUT 54 YEARS, DELEGATE/DIRECTOR OF DISTRICT HORTICULTURE GROWERS PRODUCE SALES AND MARKETING CO-OPERATIVE SOCIETY LTD., CHIKKAMAGALURU - 577 101. …PETITIONERS (BY SRI. SHIVARAM RAMAKRISHNA BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU -560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS COMMISSIONER. 3. REGIONAL COMMISSIONER BENGALURU DIVISION, BENGALURU AND DISTRICT ELECTION OFFICER, KARNATAKA STATE CO-OPERATIVE HORTICULTURE SALES MAHAMANDALA LTD., (K.H.F), A.P.M.C COMPLEX, 1ST FLOOR, BINNI MILL ROAD, BANGALORE - 23. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETY ALI AKAR ROAD, BENGALURU - 560 012. 5. THE KARNATAKA STATE CO-OPERATIVE HORTICULTURE MARKETING FEDERATION LIMITED (K.H.F), A.P.M.C COMPLEX, 1ST FLOOR, BINNI MILL ROAD, BANGALORE - 23. REP. BY ITS M.D. (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959). 6. THE RETURNING OFFICER/ LAND ACQUISITION OFFICER, KIADB, THE KARNATAKA STATE CO-OPERATIVE HORTICULTURE MARKETING FEDERATION LIMITED, (K.H.F), A.P.M.C COMPLEX, 1ST FLOOR, BINNI MILL ROAD, BANGALORE - 23. - 3 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 7. THE DIRECTOR OF HORTICULTURE AND EX-OFFICIO ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, LAL BAGH, BENGALURU - 560 004. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4, R6 & R7; SRI. DEVARAJA A., ADVOCATE FOR R2 (VK NOT FILED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER UNDER ANNEXURE-R DATED 08.02.2026 IN NO.NIL PASSED BY THE RESPONDENT-6 IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this Writ Petition, the petitioners are assailing the impugned order dated 08.02.2026 (Annexure-R) issued by the respondent No.6 inter alia sought for direction to the Returning Officer (respondent No.6) to accept the nomination of the petitioner No.2 and to include the name of petitioner No.2 in the contesting candidate list by - 4 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 allowing the petitioner No.2 to contest the election of the respondent No.5-Federation to be held on 14.02.2026. 2. Heard Sri. Shivaram Ramakrishna Bhat, learned counsel appearing for petitioners, Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondent Nos.1, 3, 4, 6 and 7 and Sri. Devaraja A., learned counsel appearing for respondent No.2. 3. It is argued by the learned counsel appearing for the petitioners by inviting the attention of the Court to the order dated 06.02.2026 (Annexure-L) passed by the respondent No.7 and submitted that the petitioners herein have already approached the competent authority seeking relief with respect to inserting the name of the petitioner No.2 in the voter list as well as the contesting candidate list for the ensuing election. It is further argued by the learned counsel appearing for the petitioners by referring to the interim order passed by this Court on 09.02.2026 and submitted that the respondent No.5-Federation be directed to consider the case of the petitioners as a - 5 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 candidature for the ensuing election and accordingly sought for interference of this Court. 4. Learned counsel appearing for the petitioners has also referred to the judgment of this Court in the case of SRI. K.N. SHANTH KUMAR vs. ELECTORAL OFFICER AND OTHERS in WRIT PETITION NO.35584/2025 dated 29.11.2025 and in the case of H.S. SHIVASHANKAR AND OTHERS vs. STATE OF KARNATAKA AND OTHERS in WRIT PETITION NO.17366/2024 dated 05.09.2024 and submitted that the writ petition is maintainable. 4. Per contra, Sri. Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3, 4, 6 and 7 submitted that pursuant to the issuance of the Calendar of Events at Annexure-J, the elections have been concluded and the candidature of petitioner No.2 has been kept in a separate ballot box and since the writ petition is pending consideration before this Court, the results have not been announced. Hence, he sought for dismissal of the - 6 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 petition on the ground that it is open for petitioner No.2 to seek the relief as prayed in the writ petition before the competent authority by way of an Election Petition. 5. Having taken note of the submissions made by the learned counsels appearing for the parties, it is not in dispute that the respondent-authorities have issued Calendar of Events on 29.01.2026 (Annexure-J) wherein, the election is scheduled to commence on 15.02.2026. It is also forthcoming from the writ papers that the elections have already been concluded and however, the results are yet to be announced. 6. On careful consideration of the order dated 06.02.2026 (Annexure-L) passed by the respondent No.7, whereby the application made by the petitioner No.2 has been rejected and also considering the interim order dated 09.02.2026 passed by this Court, it is a well-settled principle in law that once the Calendar of Events has been issued and election is concluded and in an event, the person, aggrieved by the rejection of nomination, has to - 7 - HC-KAR NC: 2026:KHC:13623 WP No. 4258 of 2026 approach the Election Tribunal for redressal of the grievance. 7. 7. In the light of the judgment of the Hon'ble Supreme Court in the case of N.P. PONNUSWAMI vs. RETURNING OFFICER, NAMAKKAL CONSTITUENCY AND OTHERS reported in AIR 1952 SC 64, I am of the view that the Writ Petition is not maintainable as the facts of the present case are concerned and it is open for the petitioner No.2 to approach the competent Tribunal for redressal of the grievance. 8. Accordingly, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 27