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2026 DAILYLAW 33530 (KAR)

NADAGOUDA VENKAT RAO, v. THE STATE OF KARNATAKA

WA/1132/2026 · 2026-08-11

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1132 OF 2026 (CS-EL/M) C/W WRIT APPEAL NO. 1123 OF 2026 (CS-EL/M) IN WA No. 1132/2026 BETWEEN: 1. NADAGOUDA VENKAT RAO S/O RAMARAO NADAGOUDA AGED ABOUT 72 YEARS PRESIDENT/DELEGATE KARNATAKA STATE CO-OPERATIVE OIL SEED GROWERS FEDERATION LTD SAHAKARA UNION, NO.11, 4TH FLOOR BLUE CROSS CHAMBERS INFANTRY CROSS ROAD BENGALURU - 560 001 2. SHIVAKUMAR S. PATIL S/O SHIDDALINGA GOUDA AGED ABOUT 56 YEARS DIRECTOR/DELEGATE GADAGA DISTRICT COOPERATIVE UNION LTD. TOTADARYA VIDYAPEETA BUILDING Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 1ST FLOOR, ROTARY CIRCLE GADAGA - 582 101 3. KASHILING HUDED S/O BHIMAPPA AGED ABOUT 59 YEARS DIRECTOR/DELEGATE BAGALKOT DISTRICT COOPERATIVE UNION LTD. SAHAKARA UNION, SECTOR NO.25 OPP. SOMESWARA TEMPLE NAVANAGAR, BAGALKOT - 587 101 4. MANJUNATH GOUDA MURALLI S/O SHANKAR GOUDA MURALLI AGED ABOUT 50 YEARS DIRECTOR/DELEGATE DHARAWADA DISTRICT COOPERATIVE UNION LTD. SAHAKARI JNANA MANDIRA 1ST MAIN, 2ND CROSS, NARAYANAPURA DHARAWADA - 580 008 …APPELLANTS (BY SRI SHIVARAM RAMAKRISHNA BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COOPERATIVE M. S. BUILDING BANGALORE- 560 001 2. THE COOPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR TTMC 'A' BLOCK, K.H.ROAD SHANTINAGAR - 3 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 BENGALURU - 560 027 REPRESENTED BY IT'S COMMISSIONER 3. THE REGIONAL COMMISSIONER/ DISTRICT ELECTION COMMISSIONER BANGALORE DIVISION BANGALORE - 560 018 4. THE RETURNING OFFICER BANGALORE, BANGALORE DISTRICT THE KARNATAKA STATE CO-OPERATIVE FEDERATION LTD NO.32, 3RD FLOOR D. DEVARAJ ARAS ROAD BANGALORE - 560 001 5. THE KARNATAKA STATE CO-OPERATIVE FEDERATION LTD NO.32. 3RD FLOOR D. DEVARAJ ARAS ROAD BANGALORE - 560 001 REP. BY ITS PRESIDENT 6. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE (CREDIT) NO. 1, ALI ASKER ROAD BANGALORE - 560 052 7. THE KARNATAKA STATE LIQUOR MERCHANTS DEVELOPMENT CO-OPERATIVE SOCIETY LTD. R/AT NO.45, SHARADASHRI VISHWAMANAVA JODI ROAD KUVEMPU NAGAR, MYSORE - 570 010 REPRESENTED BY ITS PRESIDENT - 4 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 SRI KRITHIK.H S/O HUCHAPPA AGED ABOUT 35 YEARS …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDL. ADVOCATE GENERAL FOR R-1, R-3, R-4 & R-6; SRI A. DEVARAJA, ADVOCATE FOR R-2, SRI K. ANANDA, ADVOCATE FOR R-5, NOTICE TO R-7 IS SERVED AND UNREPRSENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT WRIT APPEAL BY SETTING ASIDE THE INTERIM ORDER DATED 18/03/2026 PASSED IN W.P.NO.8337/2026, THEREBY PERMITTING THE CONTINUATION AND COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. IN WA NO. 1123/2026 BETWEEN: 1. KRISHNAPPA K.C. S/O CHOUDAPPA AGED ABOUT 57 YEARS VICE PRESIDENT/DELEGATE BENGALURU CITY DISTRICT CO-OPERATIVE UNION LTD SAHAKARA BHAVANA NO.1/3, 3RD MAIN ROAD BEHIND KANNADA SAHITYA PARISHAT CHAMARAJAPETE BENGALURU - 560 018 2. N GANGANNA S/O LATE NAGANNA AGED ABOUT 55 YEARS DIRECTOR/DELEGATE - 5 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 TUMAKURU DISTRICT COOPERATIVE UNION LTD. 'SAHAKARA BHAVANA' 9TH MAIN ROAD (KANAKAMBARA) 2ND CROSS ROAD, GOKULA LAYOUT KYATHSANDRA POST TUMAKURU - 572 104 3. J.R. SHANMUGAPPA S/O JENTHIKOLALU REVAPPA AGED ABOUT 78 YEARS DIRECTOR/DELEGATE DAVANAGERE DISTRICT COOPERATIVE UNION LTD. KALAPRAKASHA VRUNDA OPPOSITE GANAPATHI TEMPLE 1ST FLOOR, VINOBANAGAR 2ND MAIN ROAD, MCC 'A' BLOCK DAVANAGERE - 577 004 4. GIRISH S.R. S/O RUDRAPPA S AGED ABOUT 59 YEARS DIRECTOR/DELEGATE CHITRADURGA DISTRICT COOPERATIVE UNION LTD. OFFICE OF THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES 1ST FLOOR, SAHAKARA BHAVANA B.L. GOWDA LAYOUT TURUVANURU ROAD KELAGOTE, CHITRADURGA - 577 501 5. K.P. CHENNABYRE GOWDA S/O K.B. PILLAPPA AGED ABOUT 69 YEARS - 6 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 DIRECTOR/DELEGATE CHIKKABALLAPURA DISTRICT COOPERATIVE UNION LTD. SAHAKARA BHAVANA, NH-44 OPPOSITE TRAFFIC POLICE STATION HAROBANDE CROSS CHIKKABALLAPURA - 562 101 ...APPELLANTS (BY SRI SHIVARAM RAMAKRISHNA BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COOPERATIVE M.S. BUILDING BANGALORE- 560 001 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR TTMC 'A' BLOCK K.H.ROAD, SHANTINAGAR BENGALURU - 560 027 REPRESENTED BY IT'S COMMISSIONER 3. THE REGIONAL COMMISSIONER/ DISTRICT ELECTION COMMISSIONER BANGALORE DIVISION BANGALORE - 560 018 4. THE RETURNING OFFICER BANGALORE, BANGALORE DISTRICT THE KARNATAKA STATE CO OPERATIVE FEDERATION LTD. - 7 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 NO.32, 3RD FLOOR D. DEVARAJ ARAS ROAD BANGALORE - 560 001 5. THE KARNATAKA STATE CO OPERATIVE FEDERATION LTD. NO.32. 3RD FLOOR D. DEVARAJ ARAS ROAD BANGALORE - 560 001 REP. BY ITS PRESIDENT 6. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE (CREDIT) NO.1, ALI ASKER ROAD BANGALORE - 560 052 7. SRI ASHOK H.N. S/O. NARASAPPA H.G. AGED ABOUT 52 YEARS HULIKATTE, CHAKRABAVI CHAKRABHAVI, RAMANAGAR KARNATAKA - 562 120 8. SRI. BASAVARAJA NILAPPA ARABAGONDA S/O NILAPPA AGED ABOUT 60 YEARS KATENAHALLI HAVERI KARNATAKA - 581 110 9. SRI CHANDRASHEKHAR S/O SHIVANANJAPPA AGED ABOUT 60 YEARS PRESIDENT OF KARNATAKA STATE CO-OPERATIVE CREDIT SOCIETIES FEDERATION LTD. NO.126, 1ST MAIN ROAD - 8 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 J. B. KAVAL, NANDINI LAYOUT BANGALORE - 560 096 10. THE KARNATAKA STATE LIQUOR MERCHANTS DEVELOPMENT CO-OPERATIE SOCIETY LTD. R/AT No. 45, SHARADASHRI VISHWAMANAVA JODI ROAD KUVEMPU NAGAR MYSORE - 570 010 REP. BY ITS PRESIDENT SRI KRITHIK H S/O HUCHAPPA AGED ABOUT 35 YEARS ...RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDL. ADVOCATE GENERAL FOR R-1, R-3, R-4 & R-6; SRI A. DEVARAJA, ADVOCATE FOR R-2, SRI K. ANANDA, ADVOCATE FOR R-5, SRI P.P. HEGDE, SENIOR ADVOCATE FOR SRI RAJARAM SOORYAMBAIL, ADVOCATE FOR R-7 & R-8; SRI ANOOP HARANAHALLI, ADVOCATE FOR R-9 & R-10) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT WRIT APPEAL BY SETTING ASIDE THE INTERIM ORDER DATED 18.03.2026 PASSED IN W.P.No.6945/2026, THEREBY PERMITTING THE CONTINUATION AND COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 9 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeals impugning a common order dated 18.03.2026, passed by the learned Single Judge in W.P.No.8337/2026 (CS-EL/M) C/W W.P.No.6945/2026 (CS-EL/M). 2. By virtue of the said interim order, the learned Single Judge had restrained the conduct of elections of the Federation, as well as the implementation of the notification and calendar of events dated 03.03.2026. 3. A plain reading of the said order indicates that the said order is premised on the basis that Section 28A of Karnataka Co-operative Societies Act, 1969 [KCS Act] are not been followed. 4. The learned counsel appearing for the parties state that the said premise no longer survives as the notification dated - 10 - HC-KAR CNR: KAHC010256622026 NC: 2026:KHC:42509-DB WA No. 1132 of 2026 C/W WA No. 1123 of 2026 12.09.2025, notifying the Karnataka Cooperative Societies (Amendment) Act, 2025, whereby Section 28A was introduced in the Act, has been stayed. 5. Since the fundamental premise on which the interim order is granted does not survive, the present appeals are allowed and the impugned order is set aside. 6. The elections that have been stayed would continue from the stage at which they were interdicted. However, we clarify that this order would not preclude the parties from seeking any interim relief, if so advised, in the pending writ petitions. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 1 Sl No.: 23