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2026 DAILYLAW 20261 (KAR)

KUMBARARA SANGHA v. THE STATE OF KARNATAKA

WP/2338/2022 · 2026-06-08

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.5662 OF 2022 (GM-KSR) C/W WRIT PETITION NO.2295 OF 2022 (GM-KSR) C/W WRIT PETITION NO.2338 OF 2022 (GM-KSR) IN WP No.5662/2022: BETWEEN: 1. SRI R SRINIVAS S/O P RAMAIAH AGED ABOUT 60 YEARS, R/AT NO.9 1ST ‘A’ MAIN 5TH CROSS, MARUTHI NAGAR NAGARABHAVI MAIN ROAD BENGALURU-560 072. 2. SRI M N JAYAKUMAR S/O NARAYANASWAMY AGED ABOUT 43 YEARS, R/T NO.44 MUTHUKADAHALLI JALA HOBLI BENGALURU NORTH TALUK BENGALURU-562 157. 3. SRI MUNISWAMY WODEYAR S/O SHANKARAPPA WODEYAR AGED ABOUT 50 YEARS, R/AT NO.123/24 5TH CROSS, AGRAHARA LAYOUT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 JAKKUR POST, YELAHANKA HOBLI BENGALURU – 560 064. …PETITIONERS (BY SRI MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION M S BUILDINGS DR AMBEDKAR VEEDHI BENGALURU-560 001 REP BY ITS SECRETARY. 2. THE DISTRICT REGISTRAR AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN DISTRICT ZONE-11 NO.146 SAHAKARA SOUDHA 3RD MAIN ROAD, 8TH CROSS MARGOSA ROAD, MALLESWARAM BENGALURU-560 003. 3. THE RETURNING OFFICER THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUMBARARA SANGHA NO.13 KALASIPALYAM NEW EXTENSION BENGALURU-560 002. 4. KUMBARARA SANGHA NO.13 KALASIPALYAM NEW EXTENSION BENGALURU-560 002 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R-1 TO R-3; SRI. JAIPRAKASH REDDY M., ADVOCATE FOR C/R-4) - 3 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CALENDAR OF EVENTS DATED 21.02.2022 ISSUED BY THE R-3 FOR FIXING THE DATE ON 27.03.2022 TO HOLD ELECTIONS OF THE R-4 SANGHA WITHOUT FINALIZATION OF THE R-4 SANGHA WITHOUT FINALIZATION OF THE VOTERS LIST AND CONTRARY TO THE BYE-LAWS OF THE SANGHA VIDE ANNX-A AND ETC. IN WP NO.2295/2022: BETWEEN: 1. SRI R SRINIVAS S/O. P RAMAIAH, AGED ABOUT 62 YEARS, R/AT NO.9, 1ST ‘A’ MAIN, 5TH CROSS, MARUTHI NAGAR, NAGARABHAVI MAIN ROAD, BENGALURU – 560 072. 2. SRI. M.N. JAYAKUMAR S/O. NARAYANASWAMY, AGED ABOUT 43 YEARS, R/AT NO.44, MUTHUKADAHALLI, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 157. 3. SRI. MUNISWAMY WODEYAR S/O. SHANKARAPPA WODEYAR, AGED ABOUT 50 YEARS, R/AT NO.123/24, 5TH CROSS, AGRAHARA LAYOUT, JAKKUR POST, YELAHANKA HOBLI, BENGALURU – 560 064. ...PETITIONERS (BY SRI. MUNIRAJA.M, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP BY ITS SECRETARY. 2. THE DISTRICT REGISTRAR AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN DISTRICT, ZONE II, NO.146, SAHAKARA SOUDHA, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU – 560 003. 3. THE RETURNING OFFICER / THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUMBARARA SANGHA, NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU – 560 002. 4. KUMBARARA SANGHA NO.13 KALASIPALYAM NEW EXTENSION, BENGALURU-560 002 REP. BY ITS SECRETARY (AMEDENDED VIDE ORDER DATED 03.02.2022) ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R-1 TO R-3; R-4 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER/NOTICE DATED 17.12.2021 ISSUE BY THE R3 SEEKING DOCUMENTS FROM THE ALLEGED PRESIDENT OF KUMBARARA SANGHA TO CONDUCT FRESH ELECTIONS OF THE SANGHA AS PER ANNEXURE-A AND ETC. - 5 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 IN WP NO.2338/2022: BETWEEN: 1. KUMBARARA SANGHA NO.13, KALAIPALYAM NEW EXTENSION, BENGALURU 560002 REP. BY ITS PRESIDENT MUNISWAMY K, S/O LATE KRISHNAPPA AGED ABOUT 54 YEARS. 2. KUMBARARA SANGHA NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU – 560 002. REP. BY ITS SECRETARY G RAMAPPA S/O GOVINDAPPA AGED ABOUT 55 YEARS ...PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION REP. BY ITS CHIEF SECRETARY M S BUILDING BENGALURU 560 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY TTMC BUILIDNG 3RD FLOOR, A BLOCK K H ROAD, SHANTHINAGAR BENGALURU – 560 027. BY ITS COMMISSIONER. 3. THE RETURNING OFFICER / ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (URBAN BANK CELL) O/O REGISTRASR OF CO OPERATIVE SOCIETIES - 6 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 KUMBARA SANGHA NO.13, KALASIPALYAM NEW EXTN BENGALURU 560 002. 4. KUMBARARA SANGHA NO.13, KALASIPALYAM NEW EXTENSION BENGALURU – 560 002. REPRESENTED BY ITS SECRETARY. (AS PER THE ORDER DATED:07.02.2022 THIS RESPONDENT IS DELETED) ...RESPONDENTS (RESPONDENTS SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONTINUE THE ELECTION PROCESS AS PER THE FINAL LIST OF MEMBERS SUBMITTED ON 20.01.2022 AS PER LETTER VIDE ANNX-J AND ETC. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Sri. Muniraja M., learned counsel for the petitioner in W.P.Nos.5662/2022 and 2295/2022 has filed a memo in both the petitions seeking to dismiss the petition as having become infructuous. The said memos are taken on record and the same read as under: “The undersigned counsel for the petitioners most respectfully hereby submit that during the - 7 - HC-KAR NC: 2026:KHC:27155 WP No. 5662 of 2022 C/W WP No. 2295 of 2022 WP No. 2338 of 2022 pendency of the above writ petition, the respondent No.3 conducted the election of Respondent No.4 Kumbara Sangha on 27.03.2022 and in view of the same, the Board of Directors have been elected and they are functioning the affairs of the Respondent No.4 Sangha. As such the prayers sought in the above writ petition does not survive for consideration. Wherefore, it is prayed that this Hon’ble Court may be pleased to dismiss the above writ petition as it becomes infructuous, in the interest of justice and equity.” 2. Sri. Jayaprakash Reddy M., learned counsel for the petitioner in W.P.Nos.2338/2022 has filed a memo seeking to dismiss the petition as having become infructuous. The said memo is taken on record and the same reads as under: “That as the elections to the managing committee of petitioner Sangha has been already held, the top noted petition has become infructuous. Hence the top noted petition may kindly be dismissed as having become infructuous.” 3. Accordingly, petitions are dismissed as having become infructuous. Sd/- (M.G.S. KAMAL) JUDGE SV List No.: 1 Sl No.: 37