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2026 DAILYLAW 23623 (KAR)

DR M S MAHADAVSWAMY v. STATE OF KARNATAKA

WP/29548/2025 · 2026-06-17

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29581 WP No. 29548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 29548 OF 2025 (CS-EL/M) BETWEEN: 1. DR. M. S. MAHADAVSWAMY S/O M. SHIVAPPA, AGE 57, PRESIDENT, KARNATAKA STATE COLLEGE LECTURERS AND SCHOOL TEACHERS HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.55/1, 3RD CROSS GURUKULA LAYOUT, J.P.NAGAR, KUPPULRU, MYSURU-570031. 2. MAMATHA H. W/O PRADEEP K. B., AGE-35 YEARS, DIRECTOR/MEMBER, KARNATAKA STATE COLLEGE LECTURERS AND SCHOOL TEACHERS HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.55/1, 3RD CROSS GURUKULA LAYOUT, J.P.NAGAR, KUPPULRU, MYSURU-570031. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29581 WP No. 29548 of 2025 AND: 1. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, AMBEDKAR VEEDI, BANGALORE -560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560027. REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR OF COOPERATIVE SOCIETIES/ ELECTION OFFICER, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560027. 4. COOPERATIVE DEVELOPMENT OFFICER, VOTERS LIST VERIFICATION OFFICER, ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, K.R.NAGARA, MYSURU-571602. 5. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (H AND M), DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO. 1, ALI ASKER ROAD, BANGALORE-560 052. - 3 - HC-KAR NC: 2026:KHC:29581 WP No. 29548 of 2025 6. KARNATAKA STATE COLLEGE LECTURERS AND SCHOOL TEACHERS HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.55/1, 3RD CROSS GURUKULA LAYOUT, J.P.NAGAR, KUPPULRU, MYSURU-570031. REPRESENTED BY ITS SECRETARY. 7. RETURNING OFFICER, KARNATAKA STATE COLLEGE LECTURERS AND SCHOOL TEACHERS HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.55/1, 3RD CROSS GURUKULA LAYOUT, J.P.NAGAR, KUPPULRU, MYSURU-570031. 8. NANJAPPA SWAMY S/O GANGADARAPPA, AGE- ABOUT 56 YEARS, ASSISTANT LECTURER, MARIMAPLAPPA HIGH SCHOOL, SEETA VILAS ROAD, MYSURU-570004. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5 AND R7; SRI. A DEVARAJ, ADVOCATE FOR R2; SRI. ABHISHEK MARLA, ADVOCATE FOR R6; SRI. M.S. VENUGOPAL, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.5 IN DISPUTE NO. ANI(VA AND E)/D2/NMD/04/2024-25 PRODUCED AS ANNEXURE-P AND ETC., - 4 - HC-KAR NC: 2026:KHC:29581 WP No. 29548 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The writ petition pertains to a dispute in respect of removal of respondent No.8 from the membership of respondent No.6 - Society. The dispute regarding the same is said to have been pending on the file of respondent No.5 - Additional Registrar of Co-operative Societies. 2. The grievance of the petitioners is that respondent No.8 was removed from his membership from 19.12.2021 and immediately he raised a dispute. However, respondent No.5 granted interim order in favour of respondent No.8 on 19.09.2025, the date on which the election to respondent No.6 - Society was scheduled. This according to the petitioners, constitute acts of judicial impropriety on the part of respondent No.5. Hence, aggrieved by the same, the present petition is filed. - 5 - HC-KAR NC: 2026:KHC:29581 WP No. 29548 of 2025 3. Learned counsel for respondent No.6 justifies the interim order passed and prays for dismissal of the writ petition. 4. Learned Additional Government Advocate also justified the interim order and prays for dismissal of the writ petition. 5. Admittedly, the dispute pertains to removal of respondent No.8 from the membership of respondent No.6 - Society. It is also admitted that the election held subsequent to the passing of the interim order by respondent No.5 is over. Hence, nothing survives in the writ petition. However, there is a requirement on part of respondent No.6 to decide the dispute pending before it, only in accordance with law, without giving any rise to any suspicion of impropriety on its part. 6. As the writ petition has become infructuous, the same is hereby dismissed, however with a direction to respondent No.5 to decide the dispute on hand in - 6 - HC-KAR NC: 2026:KHC:29581 WP No. 29548 of 2025 accordance with law and being impartial to the parties concerned by upholding the highest judicial standards. 7. It is also hereby made clear that respondent No.5 shall decide the case on merits based upon the pleadings and the evidence led before it and without being influenced by its own decision to grant interim prayer in favour of respondent No.8. The same shall be decided as expeditiously as possible, but not later than one year from the date of receipt of certified copy of this order. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 29