Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25505 WP No. 13768 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 13768 OF 2026 (CS-RES)
BETWEEN:
1.
SRI. SATHISH K.R.
S/O RAMAIAH AGED 42 YEARS R/AT KADATHANAMALE VILLAGE ARAKERE POST, HESRAGATTA HOBLI BANGALORE NORTH TALUK-562 136.
PRESENTLY SERVING AS DIRECTOR KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED KADATHANAMALE VILLAGE BANGALORE NORTH -562 136. …PETITIONER
(BY SRI. D.R.RAVISHANKAR, SENIOR ADVOCATE FOR SRI. RAVI SHANKAR K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R AMBEDKAR VEEDHI BENGALURU-560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2.
THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H.ROAD SHANTINAGAR, BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25505 WP No. 13768 of 2026
3.
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION, SAHAKARASOUDHA MARGOSA ROAD, MALLESWARAM BANGALORE-560 003.
4.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-1, BANGALORE URBAN DISTRICT SAHAKARA SOUDHA, BANGALORE-560 003.
5.
THE BANGALORE URBAN, RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., (BAMUL) DR. M.H.MARIGOWDA ROAD D.R.COLALGE POST BENGALURU-560 029.
REP. BY MANAGING DIRECTOR (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OP. SOCIETIES ACT)
6.
THE RETURNING OFFICER THE BANGALORE URBAN, RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD (BAMUL) DR. M.H. MARIGOWDA ROAD D.R. COLALGE POST, BENGALURU-560 029.
7.
KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED KADATHANAMALE, ARAKERE POST BANGALORE NORTH TALUK-562 136.
REP. BY ITS SECRETARY.
(SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
8.
SHRI. K.S. KESHAVAMURTHY S/O LATE SREEPATHAIAH AGED MAJOR R/AT NARASIMHARAJAPURA
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HC-KAR NC: 2026:KHC:25505 WP No. 13768 of 2026
LAKSHMIPURA POST, DASANAPURA HOBLI BANGALORE NORTH TALUK-561 203. …RESPONDENTS
(BY SMT. SPOORTHI V., HCGP FOR R1, R3, R4 & R6;
SRI. A.DEVARAJU, ADVOCATE FOR R2;
VIDE ORDER DATED 01.06.2026 NOTICE TO R5 & R7 IS DISPENSED WITH;
SRI. T.DADAKHALANDAR, ADVOCATE FOR R8 [ABSENT])
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS IN CASE NO.JRB/MD/10/2025-26 PENDING ON THE FILE OF RESPONDENT NO.3, THE SAME BEING PRODUCED AT ANNEXURE-M AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. Petitioner is a member of respondent No.7- Kadathanamale Milk Producers Co-Operative Society Ltd. He contested for the post of director in the said society and got elected. However, his election was challenged on the ground that he had not completed a period of one year to be an eligible voter and to contest for the post of director. The dispute raised against him under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (for short 'the Act') came to be rejected and
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HC-KAR NC: 2026:KHC:25505 WP No. 13768 of 2026
the election of the petitioner to the post of the director in Kadathanamale Milk Producers Co-Operative Society Ltd. was not interfered with. On the strength of him being a director of the primary society, he contested for directorship of the Federal Society (respondent no.5-The Bangalore Urban, Rural and Ramanagara District Co-Operative Milk Producers Societies Union Ltd., (BAMUL)). He has been successful in the said election. Respondent no.8 has challenged his election on the ground of him being ineligible to be a director of the primary society and also on other grounds. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that, the issue pertaining to his eligibility regarding being elected as the director of primary society has already been decided and attained finality and the same ground could not have been urged by respondent no.8 in the dispute raised by him under Section 70 of the Act. He further submits that, other allegations made against the petitioner are also false and that respondent no.8 in fact does not have the necessary locus standi to raise a dispute. - 5 -
HC-KAR NC: 2026:KHC:25505 WP No. 13768 of 2026
3. Per contra, learned HCGP upon instructions, submits that, challenge to the election of the petitioner to the post of director of the Federal Society is made on several grounds and his ineligibility to be a director in the primary society is only one of the grounds. She further submits that, there is already a dispute pending and the petitioner is having all the liberty to urge his contention before respondent no.3, before whom the dispute is raised by respondent no.8. It is submitted that the question of entertaining the writ petition does not arise. 4.
It is seen that the present writ petition is filed with a prayer to quash the proceedings in case No.JRB/MD/10/2025- 26 pending on the file of respondent no.3. Admittedly the said case is a dispute raised under Section 70 of the Act. The said dispute has been raised by respondent no.8, who is a defeated candidate in the election to the Federal Society. In the said dispute, he has challenged the election of the petitioner. As respondent no.8 is a defeated candidate, he has the necessary locus to raise the dispute before respondent no.3. The petitioner is having all the liberty to defend his case before respondent no.3 in the manner known to law. Under the said
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HC-KAR NC: 2026:KHC:25505 WP No. 13768 of 2026
circumstances, the question of entertaining the writ petition does not arise. 5. For the aforementioned reason, the writ petition is hereby
disposed of reserving the liberty to the petitioner to take up all the necessary contentions before respondent no.3 including making a request to treat any of the issues as a preliminary issue and respondent no.3 shall decide the matter in accordance with law as expeditiously as possible. It is hereby made clear that no opinion is expressed on the merits of the case and respondent no.3 shall decide the matter based upon the pleadings and the evidence let in by the parties before him.
Sd/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 13