Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.21085 OF 2026 (CS-EL/M)
BETWEEN:
1. SRI. M.D. MANCHAIAH S/O. LATE DESAIAH, AGED ABOUT 66 YEARS,
2. SRI. M.A. NAGENDRA, S/O. APPAJAPPA, AGED ABOUT 51 YEARS,
3. SRI. M.R. VASU, S/O. LATE RANGEGOWDA M.R.
AGED ABOUT 51 YEARS,
4. SRI. KENDAPPA, S/O. LATE THOTADAPPA, AGED ABOUT 71 YEARS,
5. SRI. MARINAYAKA, S/O. LATE CHIKKANAYAKA, AGED ABOUT 67 YEARS,
6. SMT. PUTTAMANI, W/O. P. NAGARAJAPPA, AGED ABOUT 56 YEARS,
7. SRI. BASAVARAJ B.
S/O. BASAVARAJAPPA, AGED ABOUT 74 YEARS,
Digitally signed by V MANJUSHA BAI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
8. SRI. RANGAIAH R.
S/O. LATE RANGAIAH, AGED ABOUT 69 YEARS,
PETITIONERS ARE THE DIRECTORS OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MADAPURA, H.D. KOTE TALUK, MYSURU DISTRICT-571 125. (A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT AND THE PETITIONERS HAVE NOT CLAIMED SENIOR CITIZENSHIP BENEFIT). …PETITIONERS
(BY SRI. ANANDA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC BUILDING, SHANTHINAGAR, BENGALURU-560 027, REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU REGION, PUBLIC OFFICE BUILDING, NEW SAYAJI RAO ROAD, MYSURU-570 024. - 3 -
HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
4. THE RETURNING OFFICER OF THE TALUK AGRICULTURE PRODUCE MARKETING CO-OPERATIVE SOCIETY LTD., H.D. KOTE AND TAHSILDAR, H.D. KOTE TALUK, MYSURU DISTRICT-571 125. 5. VERIFICATION OFFICER OF THE VOTER LIST AND CO-OPERATIVE DEVELOPMENT OFFICER OF H.D. KOTE TALUK, MYSURU DISTRICT-571 125. 6. THE TALUK AGRICULTURE PRODUCE MARKETING CO-OPERATIVE SOCIETY LTD., H.D. KOTE TALUK, MYSURU DISTRICT-571 125 REPRESENTED BY ITS SECRETARY (A CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT). 7. THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., MADAPURA, H.D. KOTE TALUK, MYSURU DISTRICT-571 125, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, (A CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT). …RESPONDENTS
(BY SMT. PRATHIMA HONNAPUR, AAG., ALONG WITH SRI. YOGESH D. NAIK, AGA., FOR R.1, R.3, R.4 AND R.5;
SRI. A. DEVARAJU, ADVOCATE FOR R.2; SRI.
T. DADAKHALANDAR, ADVOCATE FOR R.7;
VIDE ORDER DATED 13.07.2026 NOTICE TO R.6 IS DISPENSED WITH.)
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INELIGIBLE VOTER LIST OF CLASS 'A' MEMBERS OF THE RESPONDENT NO.6 SOCIETY DATED 02.07.2026 ISSUED BY THE RESPONDENT NO.3 AT ANNEXURE-G WHEREIN IT WAS INCLUDED THE NAME OF THE OF THE PETITIONER NO.1 BY REJECTING HIS DELEGATION RESPONDENT NO.7 SOCIETY, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioners are the Directors of respondent No.7 - Co-operative Society. It is a primary society. By a Board Resolution dated 12.06.2026, respondent no.7 resolved that petitioner no.1 should represent respondent No.7 - Society in the election to be conducted to the secondary Society. Respondent No.7 submitted the Board Resolution to respondent No.4 - Returning Officer appointed to oversee the election to the secondary society. However, on the recommendation of respondent No.4, respondent No.3 did not approve the Board Resolution and issued the impugned endorsement vide Annexure-'G' to the writ petition, which reads as under:-
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
vÁ®ÆèPÀÄ ªÀåªÀ¸ÁAiÉÆÃvÀà£Àß ªÀiÁgÁl ¸ÀºÀPÁgÀ ¸ÀAWÀ ¤., ºÉZï.r.PÉÆÃmÉ ºÉ.r.PÉÆÃmÉ vÁ®ÆèPÀÄ. ¸ÀAWÀzÀ DqÀ½vÀ ªÀÄAqÀ½ ZÀÄ£ÁªÀuÉUÉ ¸ÀA§A¢¹zÀAvÉ 2026-27 £Éà ¸Á°£À C£Àºï ªÀÄvÀzÁgÀgÀ ¥ÀnÖ "J" vÀgÀUÀw. PÀæ.¸ÀA. ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ «¼Á¸À qÉ°UÉÃmï ¸ÀzÀ¸ÀågÀ ºÉ¸ÀgÀÄ ¸ÀzÀ¸ÀåvÀé ¸ÀASÉå µÀgÁ
18
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¢£ÁAPÀ:12.06.2026gÀ ¸À¨sÉAiÀÄ £ÀqÀªÀ½ ¸ÀA:03gÀ°è wêÀiÁAߪÀ£ÀÄß ¥ÀÆuÁéV §gÉ¢gÀĪÀÅ¢®è ªÀÄzsÀåzÀ°è ºÉƸÀzÁV ²æà ªÀÄAZÀAiÀÄå£ÀªÀgÀ£ÀÄß ¥Àæw¤¢üAiÀÄ£ÁßV §gÉ¢gÀĪÀÅzÀ PÀAqÀħA¢gÀÄvÀÛzÉ. EzÀ£ÀÄß M¥Àà®Ä ¸ÁzsÀå«®è. - 6 -
HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
2. Aggrieved by the same, the present writ petition is filed with the following prayers:-
"i) Issue a writ of Certiorari to quash the Ineligible Voter List of Class 'A' Members of the Respondent No.6 Society dated 02.07.2026 issue by the Respondent No.3 at Annexure-G wherein it was included the name of the Petitioner No.1 by rejecting his Delegation of the Respondent No.7 Society. ii) Issue a writ of mandamus directing the Respondents to insert the name of the Petitioner No.1 as a Delegate of Respondent No.7 Society in the Eligible Voter List of Class 'A' Members of the Respondent No.6 Society and thereby permitting the Petitioner No.1 to participate in the Election to the Board of Directors of Respondent No.6 Society schedule to be held on 26.07.2026 as a Delegate of the Respondent No.7 Society. iii) And to pass such other orders as this Hon'ble Court deems fit to pass in the facts and circumstances of the case, in the interest of justice and equity."
3.
The case of the petitioners is that the Board Resolution has been validly passed by respondent No.7 - Society appointing petitioner No.1 herein as the delegate of respondent No.7-Society to vote in the election to be conducted to the
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
secondary society. It is submitted that, though there is a difference in the handwriting which shows the name of petitioner No.1 as the elected delegate in the Board Resolution, that there is no manipulation of the same and the impugned endorsement issued is liable to be set aside. 4. Per contra, learned Additional Advocate General representing for respondent Nos.1, 3, 4 and 5 upon instructions, submits that a bare perusal of the Board Resolution at Annexure- 'C' to the writ petition shows that the name of petitioner No.1 has been inserted in the Board Resolution subsequently and the handwriting of the person who has written his name is different from the person who recorded the Board Resolution. Because the State suspected a mischief, the impugned order has been issued. 5. However, Sri.T.Dadakhalandar, learned counsel appearing for respondent No.7 - Society submits that, initially it was not concluded as to who would represent respondent No.7-Society in the election to be conducted to the secondary Society. It resulted in the Board Resolution being drafted. Thereafter, the name of petitioner No.1 was chosen and his name has been
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
inserted in the Board Resolution as the chosen candidate. He has filed the affidavit of Chief Executive Officer of respondent No.7 - Society, which categorically states that petitioner no.1 is the authorized delegate of the Society to participate in the election scheduled to be conducted to the secondary society. 6.
Though the Board Resolution (Annexure-'C' to the writ petition) showing the name of petitioner No.1, as the authorized delegate to represent respondent No.7-Society, has been inserted subsequently, the majority of the Board of Directors of respondent No.7 - Society are before this Court as petitioners and the Chief Executive Officer of respondent No.7- Society has filed an affidavit dated 13.07.2026, wherein it is stated that petitioner No.1 is the duly authorised delegate of respondent No.7 - Society to represent it in the election to the secondary society. In the light of the same, directing respondent No.7 to once again pass a Board Resolution would be a futile exercise. Hence the following:-
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HC-KAR NC: 2026:KHC:35449 WP No. 21085 of 2026
ORDER i. The list of ineligible voters pertaining to Class 'A' members of respondent No.6-Society dated 02.07.2026 issued by respondent No.3 at Annexure-'G' to the writ petition is hereby set aside. ii. Respondent No.3 is directed to include the name of petitioner No.1 as an eligible voter and a delegate of respondent No.7-Society and permit him to cast his vote in the ensuing election to respondent No.6-Society and also contest in the election, if he is otherwise permitted to do so in accordance with law. iii. Accordingly, the writ petition is disposed of.
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 27