- 1 - HC-KAR CNR: KAHC010487312026 NC: 2026:KHC:36762 WP No. 21817 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.21817 OF 2026 (CS-RES) BETWEEN: 1. H R GIRISH S/O RAMEGOWDA AGED ABOUT 50 YEARS BALURU HOSAKOPPALU VILLAGE, HOSA AGRAHARA HOBLI, K R NAGARA TALUK, MYSURU DISTRICT-571 602. …PETITIONER (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010487312026 NC: 2026:KHC:36762 WP No. 21817 of 2026 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT -570001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES K.R. NAGARA TALUK, MYSURU DISTRICT-571602. 5. TALUK AGRICULTURE PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., K R NAGARA, K R NAGARA TALUK, MYSURU DISTRICT-571 602. REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). 6. RETURNING OFFICER TALUK AGRICULTURE PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., K R NAGARA, K R NAGARA TALUK, MYSURU DISTRICT-571602 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). 7. PRASHANTH S/O H L PADMANABHA AGED ABOUT 51 YEARS HAMPAPURA VILLAGE, K R NAGARA TALUK, MYSURU DISTRICT-571 602. - 3 - HC-KAR CNR: KAHC010487312026 NC: 2026:KHC:36762 WP No. 21817 of 2026 8. G K TOTAPPA NAYAKA S/O G S KEMPUVAIH AGED ABOUT 50 YEARS BILIGERE VILLAGE, K.R. NAGARA TALUK, MYSURU DISTRICT-571 602. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA., FOR R.1, R.3, R.4 AND R.6; SRI. A. DEVARAJ, ADVOCATE FOR R.2; VIDE ORDER DATED 17.07.2026 NOTICE TO R.5, R.7 AND R.8 IS DISPENSED WITH.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DISQUALIFICATION ORDER DATED 11.11.2024 IN CASE NO.DRM/DISPUTE/C7/29(C)/07/2024-25 PASSED BY THE 4TH RESPONDENT UNDER SECTION 29(C) OF THE KCS ACT, VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010487312026 NC: 2026:KHC:36762 WP No. 21817 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner was disqualified under Section 29C of the Karnataka Co-operative Societies Act, 1959, by an order dated 11.11.2024 passed by respondent No.4 (vide Annexure-'C' to the writ petition). The petitioner after a lapse of 1 year, 7 months and 14 days, preferred an appeal before respondent No.3 on 25.06.2026. He has filed a delay condonation application and also an interim application seeking for grant of interim prayer. The matter is yet to be taken up for hearing. On the allegation that there is an inordinate delay on the part of respondent no.3, the present writ petition is filed with the following prayers:- "i. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the impugned disqualification order dated 11.11.2024 in case No.DRM/Dispute/C7/29(C)/07/2024-25 passed by the 4th respondent under section 29(C) of the KCS Act, Vide Annexure-C, in the interest of justice and equity. ii. Pending disposal of the writ petition, direct the respondents to permit the petitioner to contest and vote in the election process of the 5th respondent society scheduled on 26.07.2026, - 5 - HC-KAR CNR: KAHC010487312026 NC: 2026:KHC:36762 WP No. 21817 of 2026 including filing of nomination, scrutiny, contesting and all consequential stages, subject to the result of the writ petition. iii. Issue a writ of mandamus directing the 3rd respondent to forthwith consider and disposed of the petitioner's statutory appeal together with the application for interim stay filed under section 106(3) of the KCS Act. iv. Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued. INTERIM PRAYER Pending disposal of the above writ petition petitioners respectfully prays that this Hon'ble court be pleased to stay the operation and execution of the impugned order dated 11.11.2024 in case No. DRM/Dispute/C7/29(C)/07/2024-25 passed by the 4th respondent under section 29(C) of the KCS Act, and consequently direct the respondents to permit the petitioner to contest and vote in the election process of the 5th respondent society, in the interest of justice and equity." 2. Learned AGA appearing for respondent Nos.1, 3, 4 and 6 upon instructions, submits that there has been no delay on the part of respondent No.3. He submits that the order of disqualification was passed against the petitioner way back on 11.11.2024. The petitioner has preferred an appeal only on 25.06.2026. That he has paid the necessary statutory fee on 06.07.2026 and the case of the petitioner will be taken up for - 6 - HC-KAR CNR: KAHC010487312026 NC: 2026:KHC:36762 WP No. 21817 of 2026 hearing by respondent No.3 and appropriate orders will be passed. 3. It is seen that the petitioner has invoked the alternative and efficacious remedy by preferring an appeal against his disqualification, and the same is pending on the file of respondent No.3. There has been no delay on part of respondent No.3 in considering the case of the petitioner. If the petitioner has not been able to get any relief, it is because of his own laxity in pursuing the remedies available to him. 4. For the said reason, I do not see any merit in the case and the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 7