- 1 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.19344 OF 2026 (CS-EL/M) BETWEEN: 1. S C PRASANNA S/O LATE CHANNEGOWDA SALIGRAMA VILLAGE AND POST, SALIGRAMA TALUK, MYSURU DISTRICT-571 604 MYSURU DISTRICT-571 604 AGED BOUT 55 YEARS. …PETITIONER (BY SRI. JAYAKUMAR S. PATIL, LEARNED SENIOR COUNSEL FOR SRI. SANDESH T.B., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETIES M.S. BUILDING REPRESENTED BY ITS PRINCIPAL SECRETORY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK KH ROAD, SHANTHI NAGAR BENGALURU-560 027 REPRESENTED BY ITS SECRETARY. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 3. THE JOINT REGISTRAR OF OF CO-OPERATIVE SOCIETIES, MYSURU SUB- DIVISION PUBLIC OFFICE BUILDING NEW SAYYAJI RAO ROAD MYSURU-570 024. 4. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, MYSURU SUB-DIVISION MYSURU DISTRICT, 5. AGRICULTURE MARKETING CO-OPERATIVE SOCIETY LTD., K R NAGAR TALUK REPRESENTED BY ITS CEO RESGISTERED UNDER KCS-ACT, 1959. 6. AGRICULTURE MARKETING CO-OPERATIVE SOCIETY LTD., K.R.NAGAR TALUK REPRESENTED BY ITS ADMINISTRATOR REGISTERED UNDER KCS-ACT, 1959. 7. AGRICULTURE MARKETING CO OPERATIVE SOCIETY LTD. K R NAGAR TALUK REPRESENTED BY ITS RETURNING OFFICER, REGISTERED UNDER KCS-ACT, 1959. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG., ALONG WITH SMT. SPOORTHI V., HCGP., FOR R.1, R.3, R.4, R.6 AND R.7; SRI. A. DEVARAJU, ADVOCATE FOR R.2; SRI. SIDHARTH BABU, ADVOCATE FOR R.5.) - 3 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.3 TO 7 TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 04.06.2026 AND TAKE APPROPRIATE STEPS FOR AMENDMENT OF THE BYE-LAWS OF THE SOCIETY IN ACCORDANCE WITH SECTION 12 OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT, 1959, BEFORE PROCEEDING WITH THE ELECTION PROCESS, AS PER REPRESENTATION DATED 04.06.2026 VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION COMING ON FOR FURTHER 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 resident of Saligrama Taluk, Mysore District and is a member of respondent No.5 -Society. Earlier Saligrama was part of K.R.Nagara Taluk. Respondent No.5- Society is an Agricultural Marketing Co-operative Society having its area of operation for K.R.Nagara Taluk. Saligrama Taluk has been made an independent Taluk with effect from 31.12.2020. However, no steps have been taken to constitute a new Agricultural Marketing Co-operative Society for Saligrama Taluk. The bye-laws of respondent No.5-Society categorically mentions that its area of operation pertains to only K.R.Nagara Taluk. - 4 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 2. In the fear of the residents of Saligrama Taluk being left out from respondent No.5-Society and they being denied of the benefit of an Agricultural Marketing Co-operative Society in their Taluk, the petitioner gave a representation to respondent No.4 requesting to constitute a new Society for Saligrama Taluk. However, as no action has been taken by the concerned authorities for constituting a new Agricultural Marketing Co- operative Society for Saligrama Taluk and that elections are scheduled for respondent No.5-Society, the writ petition is filed with the following prayers:- "a) Issue a writ of Mandamus directing Respondent Nos.3 to 7 to consider the Petitioner's representation dated 04.06.2026 and take appropriate steps for amendment of the bye-laws of the Society in accordance with Section 12 of the Karnataka Co-operative Societies Act, 1959, before proceeding with the election process, as per representation dated 04.06.2026 vide annexure-D. In the interest of justice and equity. b) Issue a writ of mandamus directing the respondent No.5 and 6 to convey the Annual General Body meeting as contemplated under Rule 14 AJ of KCS Rules-1960 and take steps for amendment of bye- laws of the society, before holding the election of - 5 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 the respondent No.5 Society. In the interest of Justice and equity. c) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the election process/notification dated 09.06.2026 issued by the respondent No.3, initiated by Respondent Nos.5 to 7 in respect of K.R. Nagar Taluk Agricultural Marketing Co-operative Society Ltd., insofar as it is conducted without amendment of the bye-laws consequent upon the formation of Saligrama Taluk vide Annexure-C, in the interest of justice and equity. d) Issue such other order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity." 3. The grievance of the petitioner is that because of the aforementioned facts, he and other similarly situated persons are left out without the benefits of an Agricultural Marketing Co-operative Society. 4. Learned counsel for respondent No.5 submits that the petitioner has no locus standi and the writ petition itself is not maintainable and prays for dismissal of the writ petition. His - 6 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 concern is that Election to respondent No.5-Society should not be stalled and should be conducted as scheduled. 5. Learned Additional Advocate General appearing for respondent Nos.1 to 4 upon instructions, submits that due to laxity of the petitioner and similarly situated persons there was no demand raised for constituting a new Agricultural Marketing Co-operative Society for Saligrama Taluk because of which, it is not constituted. However, in the light of Saligrama becoming a new Taluk, there is a requirement to constitute a new Agricultural Marketing Co-operative Society for Saligrama Taluk as requested by the petitioner and for the State to constitute the same, there is a requirement of 90 days provided respondent No.5, the petitioner and other similarly situated persons co-operates for the same. She further submits that, in the interregnum, though the bye-laws of respondent No.5- Society provide that its area of operation is limited to K.R.Nagara Taluk, till a new Society is constituted for Saligrama Taluk, the area of operation of respondent No.5-Society shall be treated as including Saligrama Taluk as well and that the petitioner and other similarly situated persons can continue to - 7 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 be members of respondent No.5 -Society. Till such time, they can vote and also contest for election to be conducted to respondent No.5 - Society. 6. Petitioner is agreeable to the proposal put forth by the learned AAG. Hence the following:- ORDER i. Respondent - State is directed to take necessary steps to constitute a new Agricultural Marketing Co-operative Society for Saligrama Taluk as expeditiously as possible and shall have it constituted within 90 days from today. ii. Respondent No.5 and its current members shall co-operate for such constitution. iii. Till a new Agricultural Marketing Co-operative Society is constituted for Saligrama Taluk, the area of operation of respondent No.5 - Society, shall also include Saligrama Taluk along with K.R.Nagara Taluk and the current members of respondent No.5 - - 8 - HC-KAR CNR: KAHC010425452026 NC: 2026:KHC:36423 WP No. 19344 of 2026 Society residing in Saligrama Taluk, including the petitioner, shall be entitled to continue as members of respondent No.5 - Society and enjoy the benefits of the same. iv. It is needless to state that the elections to respondent No.5-Society shall be conducted in accordance with law, as contemplated and scheduled. v. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 60