- 1 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.9665 OF 2026 (GM-KSR) BETWEEN: 1. SRI.C.SRINIVASALAH S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 72 YEARS R/AT NO. 999, KANNURHALLI ROAD HOSKOTE TOWN BANGALORE RURAL DISTRICT-562114 (SENIOR CITIZEN NOT CLAIMED) 2. SRI.MUNISHAMANNA S/O GIDDAPPA AGED ABOUT 60 YEARS CHEMANDAHALLI KASABA HOBLI, HOSKOTE BANGALORE RURAL DISTRICT-562114 MEMBERSHIP NO (SENIOR CITIZEN NOT CLAIMED) 3. SRI. ASHWATHNARAYANA S/O LATE NARAYANAPPA R AGED ABOUT 53 YEARS NO.3RD CROSS, KANAKA NAGAR MV EXTENSION, HOSKOTE BANGALORE RURAL DISTRICT-562114 4. SRI.GANESH M S/O LATE MUNISHAMAPPA Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 AGED ABOUT 70 YEARS KUMBLAHALLI VILLAGE AND POST KASABA, HOSKOTE BANGALORE RURAL DISTRICT-562114 (SENIOR CITIZEN NOT CLAIMED) 5. SRI.RAVEENDRA C H S/O HULLURAPPA AGED ABOUT 39 YEARS R/AT KANNURHALLI, HOSKOTE BANGALORE RURAL DISTRICT-562114 6. SRI.RAMANJINAPPA K S/O KRISHNAPPA GED ABOUT 44 YEARS R/AT NO.KURABARAPETE HOSKOTE BANGALORE RURAL DISTRICT-562114 7. SRI MUNIRAJU V S/O VENKATESHAPPA AGED ABOUT 42 YEARS R/AT KURABARAPETE HOSKOTE BANGALORE RURAL DISTRICT-562114 8. SRI KANTHRAJ R, S/O RAMAIAHA AGED ABOUT 40 YEARS R/AT NISARGA LAYOUT 3RD PHASE HOSKOTE BANGALORE RURAL DISTRICT-562114 9. SRI. MOHAN T S/O THIMMAIAH AGED ABOUT 41 YEARS R/AT RAJAPOOTHARA PETE - 3 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 HOSKOTE BANGALORE RURAL DISTRICT-562114 10. DEVARAJ. K S/O KARAGAPPA AGED ABOUT 42 YEARS R/AT 311, KANAKANAGAR, VV LAYOUT HOSKOTE BANGALORE RURAL DISTRICT-562114 …PETITIONERS (BY SRI. M.B.CHANDRACHUD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING BENGALURU-560010 2. THE REGISTRAR OF SOCIETIES BANGALORE RURAL DISTRICT DC OFFICE COMPLEX BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 3. HOSKOTE TALUK KURUBARA SANGHA (R) REPRESENTED BY ITS SECRETARY NO. KALIDASA ROAD, M.V. LAYOUT HOSKOTE TOWN BANGALORE RURAL DISTRICT-562114 4. THE RETURNING OFFICER HOSKOTE TALUK KURUBARA SANGHA (R) AND CO-OPERATIVE DEVELOPMENT OFFICER OFFICE OF THE DEPUTY REGISTRAR - 4 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 OF CO-OPERATIVE SOCIETIES BANGALORE RURAL DISTRICT NO. KALIDASA ROAD, M.V. LAYOUT HOSKOTE TOWN BANGALORE RURAL DISTRICT-562114 …RESPONDENTS (BY SMT.AMARAVATHY H.R, AGA FOR R.1 AND R.2; SRI.VIKRAM HUILGOL, SENIOR COUNSEL A/W SHRI.R.BHADRINATH, ADVOCATE FOR R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE CALENDAR OF EVENTS DATED 18.03.2026 ISSUED BY THE 4TH RESPONDENT FOR CONDUCTING ELECTIONS TO 3RD RESPONDENT SOCIETY VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking for the following reliefs; (a) Issue a Writ in the nature of Certiorari or any other appropriate writ quashing the Calendar of Events dated 18.03.2026 issued by the 4th respondent for conducting elections to 3rd respondent Society vide Annexure-A. - 5 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 (b) Be pleased to quash the list of members eligible for contesting the elections to 3rd respondent Society, dated nil vide Annexure-B. (c) Issue a writ of Mandamus directing the respondents to conduct election to the 3rd respondent Society strictly in accordance with the provisions of Act and the Bye-Laws. (d) Be pleased to pass such other order/s as may be appropriate in favour of the petitioners, in the facts and circumstances of the case, in the interest of justice and equity." 2. The dispute in the captioned writ petition centers around the legality and correctness of the impugned Calendar of Events dated 18.03.2026 issued by respondent No.4 – Returning Officer, proposing to conduct elections to respondent No.3 – Society. The petitioner calls in question the very foundation of the election process on the ground that the initiation itself is vitiated by non- compliance of the mandatory requirements prescribed under the Bye-laws governing the Society, as well as the statutory mandate under Section 9 of the Karnataka Societies Registration Act, 1960. - 6 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 3. The principal grievance ventilated by the petitioner is that the impugned Calendar of Events is ex-facie contrary to the Bye-laws, which unequivocally mandate issuance of a minimum of 21 days’ prior notice before holding elections. It is further contended that the action of the respondent-Society in enrolling as many as 754 new members, immediately preceding the election process, is arbitrary, lacks transparency, and is in direct contravention of the Bye-laws. The petitioner would assert that such large-scale enrolment, in the absence of a duly constituted and competent Managing Committee, is impermissible in law and is clearly aimed at distorting the electoral process. 4. This Court, having taken note of the said infirmities, by interim order dated 26.03.2026, stayed the operation of the impugned Calendar of Events. While doing so, this Court placed reliance on the ratio laid down in Dhirendra Kumar and another vs. Registrar of Societies and others (ILR 1979 KAR 1445), wherein it - 7 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 is held that strict adherence to the Bye-laws governing the Society is sine qua non for sustaining the election process and any deviation therefrom would render the election vulnerable. 5. Learned Senior Counsel appearing for respondent No.3, though initially contesting the writ petition, on instructions, fairly submitted that in the event this Court comes to the conclusion that the election process stands vitiated, respondent No.3 has no serious objection for conducting elections afresh in strict conformity with the Bye-laws. It is further submitted that respondent No.4 – Returning Officer may be directed to re-initiate the election process by issuing a fresh Calendar of Events in compliance with the procedural mandate, including issuance of prior notice. 6. Per-contra, learned counsel appearing for the petitioner would vehemently contend that the illegality is not confined merely to the issuance of the Calendar of Events, but goes to the root of the matter. It is pointed - 8 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 out that the enrolment of new members itself is dehors the Bye-laws and has been undertaken at a point of time when there was no duly constituted Managing Committee in existence. Therefore, it is contended that the very electoral process stands vitiated and unless a fresh and lawful voters’ list is prepared by scrutinizing the eligibility of members, any election conducted would be a mere formality lacking legal sanctity. 7. Having heard the learned counsel appearing for the parties and on perusal of the material on record, this Court finds that the foundational requirement for conducting elections to a Society is the existence of a duly constituted Managing Committee or, in its absence, a competent authority authorized in law to oversee the affairs and initiate the electoral process. In the case on hand, it is evident that there is no subsisting or duly constituted Committee governing respondent No.3 – Society. In such a situation, the law is fairly well settled that the responsibility to set the election process in motion - 9 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 devolves upon the statutory authority/Returning Officer, who acts as a neutral facilitator to ensure that the democratic process within the Society is restored in accordance with law. 8. In the absence of a duly elected Committee, any unilateral action more particularly, enrolment of members or preparation of voters’ list cannot be left to an unregulated or interested body. It is the Returning Officer, acting under the supervision of the competent authority, who is required to step in, take custody of the records of the Society, scrutinize the membership in accordance with the Bye-laws, and prepare a valid electoral roll. Only upon such preparation of a lawful voters’ list, the next stage of issuing Calendar of Events can be undertaken. 9. Therefore, this Court is of the considered view that the impugned Calendar of Events, which is founded on a prima facie defective voters’ base and issued without adherence to the mandatory notice period, cannot be sustained and is liable to be set aside. - 10 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 10. In that view of the matter, and in order to ensure that the election process is conducted in a fair, transparent, and legally sustainable manner, appropriate directions are required to be issued entrusting the responsibility upon respondent No.4 – Returning Officer to re-initiate the process strictly in accordance with the Bye- laws and statutory provisions. 11. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed in part. (ii) The impugned Calendar of Events dated 18.03.2026 issued by respondent No.4 – Returning Officer for conducting elections to respondent No.3 – Society is hereby quashed and set aside. (iii) It is declared that in the absence of a duly constituted Managing Committee, the responsibility to initiate and conduct the election process vests with the competent - 11 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 authority/Returning Officer, who shall act independently and in accordance with the Bye- laws and statutory mandate. (iv) Respondent No.4 – Returning Officer is directed to take custody of all relevant records of respondent No.3 – Society, undertake scrutiny of membership, and prepare a fresh list of eligible voters strictly in accordance with the Bye-laws. (v) While preparing the voters’ list, the Returning Officer shall examine the legality of the recently enrolled members and include only such members who satisfy the eligibility criteria under the Bye-laws. (vi) Upon finalization of the voters’ list, respondent No.4 shall issue a fresh Calendar of Events by giving not less than 21 days’ prior notice, as mandated under the Bye-laws, and thereafter proceed to conduct elections. (vii) The entire exercise, commencing from preparation of voters’ list till completion of elections, shall be carried out expeditiously and - 12 - HC-KAR NC: 2026:KHC:21941 WP No. 9665 of 2026 in any event within an outer limit of four months from the date of receipt of a copy of this order. (viii) All contentions of the parties, not specifically adjudicated herein, are left open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 40