- 1 - HC-KAR NC: 2026:KHC:33901-DB WA No. 991 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT APPEAL NO.991 OF 2026 (CS-EL/M) BETWEEN: 1. HANUMANTHEGOWDA K. S/O. KAPANI GOWDA AGED ABOUT 56 YEARS RESIDING AT NO.733 BEHIND AUDEN INSTITUTION HOSAKERAHALLI 7TH BLOCK BSK 3RD STAGE BENGALURU- 560 085. 2. B. RAVI S/O. BORAPPA AGED ABOUT 45 YEARS RESIDING AT NO.J-51 5TH MAIN ROAD, 5TH CROSS RAGHAVENDRA COLONY, CHAMARAJPET BENGALURU-560 018. …APPELLANTS (BY SRI NARAYANAN M.R., 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. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTI NAGAR Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33901-DB WA No. 991 of 2026 T.T.M.C. A BLOCK SHANTI NAGAR BENGALURU-560 027 REPRESENTED BY ITS SECRETARY. 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (I AND D)/ ELECTION OFFICER OFFICE OF THE REGISTRAR OF CO-OP SOCIETIES IN KARNATAKA NO.1, ALI ASKER ROAD BENGALURU-560 052. 4. THE RETURNING OFFICER/ ASSISTANT REGISTRAR OF CO-OP SOCIETIES (DAIRY) OFFICE OF THE REGISTRAR OF CO-OP SOCIETIES IN KARNATAKA NO.1, ALI ASKER ROAD BENGALURU-560 052. 5. THE HANUMANTHANAGARA CO-OPERATIVE BANK LTD. NO.7/29, K.P.PURNACHANDRA TEJASHWI ROAD 3RD MAIN ROAD, 1ST CROSS HANUMANTHANAGARA BENGALURU-560 019 REPRESENTED BY ITS GENERAL MANAGER. 6. BOMMEGOWDA R. S/O. RAMAIAH MAJOR RESIDING AT BSK 2ND STAGE BENGALURU-560 070. 7. HARISH V. S/O. VEERABHADRAIAH MAJOR RESIDING AT BSK 2ND STAGE BENGALURU-560 070. …RESPONDENTS (BY SRI KHAMROZ KHAN, AGA FOR R-1; SRI DORESWAMY GOWDA E., ADVOCATE FOR R-5) - 3 - HC-KAR NC: 2026:KHC:33901-DB WA No. 991 of 2026 * * * THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT WRIT APPEAL AND SET ASIDE THE FINAL ORDER DATED 13-1-2026 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.7333 OF 2025 AND ETC. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ appeal is preferred against the order passed by the learned Single Judge in Writ Petition No.7333/2025 dated 13.01.2026. The writ petition was filed seeking the following reliefs: "This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order passed by the 4th respondent, i.e., the Returning Officer/Assistant Registrar of Co-operative Societies, under Rule 14(Y) of the K.C.S. Rules, 1960, dated 02.02.2025, i.e., Annexure-A, and further be pleased to issue a writ of mandamus or - 4 - HC-KAR NC: 2026:KHC:33901-DB WA No. 991 of 2026 such other writ of an appropriate nature directing the 4threspondent to consider only the votes of the eligible voters and to ignore the votes of the disqualified members and declare the election results, in the interest of equity and justice." 2. The learned Single Judge, after considering the contentions advanced, found that there is an efficacious alternative remedy available to the writ petitioner to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, "the KCS Act"). 3. Learned counsel for the appellant submits that, in order to raise a dispute, the appellant would have to implead the persons who, according to the appellant, were otherwise not competent to vote in the election. 4. Having considered the contentions advanced, we notice that the prayer in the writ petition was specifically to set-aside the order passed by the 4th respondent, the Returning Officer/Assistant Registrar of Co-operative Societies, under Rule 14(Y) of the KCS Rules, 1960. - 5 - HC-KAR NC: 2026:KHC:33901-DB WA No. 991 of 2026 5. Section 70 of the KCS Act specifically provides that disputes touching upon the constitution, management, or business of a Co-operative Society are required to be decided in terms of the said provision. Section 70(2) further provides that any dispute in connection with the election of the President, Vice-President, or any office-bearer or member of the Board of a Co-operative Society shall be deemed to be a dispute touching the constitution, management, or business of the Co- operative Society. 6. The Apex Court has, in several decisions, considered the question of the availability of an alternative remedy and has consistently held that where an alternative remedy is available for the settlement of disputes, especially election disputes, this Court should not exercise its power of judicial review, and that such disputes should be raised in terms of the provisions of Section 70 of the KCS Act or the corresponding provisions in pari materia statutes. 7. In the above view of the matter, we are of the opinion that no sustainable ground has been made out in this appeal. Accordingly, the appeal fails and is dismissed. - 6 - HC-KAR NC: 2026:KHC:33901-DB WA No. 991 of 2026 8. All contentions of the parties in appropriate proceedings are left open. Pending interlocutory applications, if any, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 20