Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010564022026 NC: 2026:KHC:43745 WP No. 25470 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25470 OF 2026 (GM-KSR) BETWEEN:
1.
SRI. MAHADEVASWAMY K M S/O LATE MYLARAPPA AGED ABOUT 62 YEARS R/AT KITTADAL VILLAGE AND POST, HOSADURGA TALUK CHITRADURGA - 577 533 … PETITIONER (BY SRI. KIRAN R., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY THE UNDER SECRETARY -3 TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATION, 6TH FLOOR, 3RD GATE, M.S.BUILDING, BENGALURU - 560 001
2.
THE REGISTRAR OF SOCIETIES AND CO-OPERATIVE SOCIETIES IN KARNATAKA, 1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU - 560 052
3.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT REGISTRAR OF SOCIETIES, CHITRADURGA DISTRICT, SAHAKAR BHAVAN, B.L GOUDA LAYOUT, CHITRADURGA-577 501
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010564022026 NC: 2026:KHC:43745 WP No. 25470 of 2026
4.
THE CO-OPERATIVE DEVELOPMENT OFFICER, HOSADURGA TALUK, OFFICE OF THE CO-OPERATIVE DEVELOPMENT OFFICER, HOSADURGA - 577 527
5.
BHARATHI SHISHUE VIHARA EDUCATION SOCIETY (R) A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE MYSORE SOCIETIES REGISTRATION ACT, 1960 REPRESENTED BY ITS ADMINISTRATOR, KITTADAL, HOSADURGA - 577 533
6.
THE ADMINISTRATOR BHARATHI SHISHUE VIHARA EDUCATION SOCIETY(R) AND THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION, HOSADURGA TALUK, KITTADAL, HOSADURGA - 577 533
7.
THE ELECTION OFFICER BHARATHI SHISHUE VIHARA EDUCATION SOCIETY(R) KITTADAL, HOSADURGA - 577 533 … RESPONDENTS (BY SRI. DEVARAJ C.H., GOVERNMENT ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ELECTION NOTIFICATION OF RESPONDENT NO.5 SOCIETY DATED 05.08.2026 ISSUED BY THE RESPONDENT NO.6 AT ANNEXURE - E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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HC-KAR
CNR: KAHC010564022026 NC: 2026:KHC:43745 WP No. 25470 of 2026
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari or any other appropriate Writ or order in the nature of Writ Quashing the Election Notification of Respondent No.5 Society dated 05.08.2026 issued by the Respondent No.6 at Annexure - E;
b. Issue a Writ of Mandamus or any other appropriate Writ or order in the nature of Writ directing the Respondent No.6 to issue fresh Election Notification for 8 posts of Respondent No.5 Society as per Annexure B and C;
c. Grant other such reliefs as this Hon'ble Court deems fit and direct the Respondents to pay the costs and expenses of this Writ Petition to the Petitioner, in the interest of justice and equity. 2. The grievance of the petitioner is that an Administrator having been appointed under Section 27A of the Karnataka Societies Registration Act, 1959, the Administrator has misread Clause-4 of the Memorandum of Association and issued a calendar of events on 05.08.2026 which is not in accordance with the said Clause-4. - 4 -
HC-KAR
CNR: KAHC010564022026 NC: 2026:KHC:43745 WP No. 25470 of 2026
3. Clause 4 is reproduced hereunder for easy reference:
"The Association shall consist of a Managing Committee of Eight members one of whom shall be a President, Secretary, Treasurer and Five other members."
4. In terms of the said Clause-4, it is required that the Managing Committee comprises of 8 members and amongst them, one of them would have to be elected as President, another as Secretary and another as Treasurer with 5 continuing as Managing Committee members. 5. The calendar of events issued on 05.08.2026 reads as under:
PÁAiÀÄðPÁj ¸À«Äw ZÀÄ£ÁªÀuÉ - 2026 : : ZÀÄ£ÁªÀuÁ w¼ÀĪÀ½PÉ ¥ÀæPÀluÉ : :
¨sÁgÀw ²±ÀÄ«ºÁgÀ JdÄPÉõÀ£ï ¸ÉƸÉÊn (j.), QlÖzÁ¼ï, ºÉƸÀzÀÄUÀð vÁ®ÆèPÀÄ EzÀgÀ PÁAiÀÄðPÁj ¸À«ÄwUÉ ¸ÀzÀj JdÄPÉõÀ£ï ¸ÉƸÉÊn ¸ÀzÀ¸ÀågÀ ¥ÉÊQ
1) MAzÀÄ CzsÀåPÀëgÀ ¸ÁÜ£ÀPÉÌ M§âgÀ£ÀÄß
2) MAzÀÄ PÁAiÀÄðzÀ²ð ¸ÁÜ£ÀPÉÌ M§âgÀ£ÀÄß
3) MAzÀÄ ReÁAa ¸ÁÜ£ÀPÉÌ M§âgÀ£ÀÄß
4) LzÀÄ ¤zÉÃð±ÀPÀgÀ ¸ÁÜ£ÀPÉÌ LzÀÄ ªÀÄA¢AiÀÄ£ÀÄß
DAiÉÄÌ ªÀiÁqÀ®Ä £ÀqɸÀĪÀ ZÀÄ£ÁªÀuÁ PÁAiÀÄðPÀæªÀÄUÀ½UÉ F PɼÀPÀAqÀ ªÉüÁ ¥ÀnÖAiÀÄ£ÀÄß ¤UÀ¢ü ¥Àr¸À¯ÁVzÉ. - 5 -
HC-KAR
CNR: KAHC010564022026 NC: 2026:KHC:43745 WP No. 25470 of 2026
6.
The above would indicate that a separate nomination form to be submitted for the post of President, another separate one for Secretary and a third for the Treasurer with five separate nomination forms for the members of the Managing Committee. This calendar of events is ex facie contrary to Clause 4 of the Memorandum of Association. It was required for nominations to be invited for 8 posts of the Managing Committee and from and amongst the persons elected as Managing Committee, they are required to elect one person as President, another as Secretary and third as Treasurer. Election to these posts are not by the General body. The General body elects the Managing Committee, who elects the persons for the above posts. In that view of the matter, the calendar of events which has been issued being contrary to Clause-4 of the Memorandum of Association, this Court passes the following:
ORDER (i) Writ petition is allowed.
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HC-KAR
CNR: KAHC010564022026 NC: 2026:KHC:43745 WP No. 25470 of 2026
(ii) Certiorari is issued. The election notification / Calendar of Events dated 05.08.2026 issued by respondent No. 6 at Annexure-E is quashed. (iii) Respondent No. 6 is directed to immediately issue a proper election notification / calendar of events in terms of Clause-4 as explained supra and hold the election as expeditiously as possible.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VP