- 1 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1424 OF 2026 (GM-KSR) BETWEEN: ENNAR K VISHWANATH S/O RAMA MOOLYA AGE ABOUT 59 YEARS HAVING ITS OFFICE AT NO 10, "A" FIRST FLOOR, N S BHAVAN, 4TH MAIN, 4TH CROSS, GANDHINAGAR, BENGALURU - 560 009. …PETITIONER (BY SRI. S. VIVEK SUBBAREDDY., SENIOR ADVOCATE FOR SRI. SRINIVAS V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINICIPAL SECRETARY, CO OPERATIVE DEPARTMENT M S BUILDING DR AMBEDKAR VEEDHI, BENGALURU - 560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 2. THE DEPUTY REGISTRAR CO OPERATIVE SOCIETIES AND DISTRICT REGISTRAR, OF SOCIETIES, 4TH ZONE BANGALORE URBAN DISTRICT SOUHARDA SOUDHA, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM BENGALURU - 560003. 3. THE RETURNING OFFICER (SURESH BAFNA) (KFCC ELECTIONS 2025-2026 THE KARNATAKA FILM CHAMBER OF COMMERCE NO 28, 1ST MAIN ROAD, CRESCENT ROAD, HIGH GROUNDS, BENGALURU - 560001. 4. THE KARNATAKA FILM CHAMBER OF COMMERCE REPRESENTED BY ITS PRESIDENT, NO 28, 1ST MAIN ROAD, CRESCENT ROAD, HIGH GROUNDS, BENGALURU - 560 001. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA FOR R1 & R2; SRI. UDAYA HOLLA., SENIOR ADVOCATE FOR SMT. MAYA HOLLA., ADVOCATE FOR R3; SRI. H.S. DHANARAJ., ADVOCATE FOR R4) - 3 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A) QUASH THE ENDORSEMENT DATED 16/01/2026 BEARING NO DRB. 4/S.O.R/DHOORU/125/2025-26 ISSUED BY THE 2ND RESPONDENT (ANNEXURE -N) AS BEING ARBITRARY, ILLEGAL, AND IN VIOLATION OF SECTION 25 OF THE KARNATAKA SOCIETIES REGISTRATION ACT; B) QUASH THE CALENDAR OF EVENTS PUBLISHED BY THE 3RD RESPONDENT (ANNEXURE-H) FOR THE KFCC ELECTIONS 2025- 2026, AS IT STANDS IN DIRECT VIOLATION OF BYE- LAW NO. 17 OF THE SOCIETY; C) DIRECT THE RESPONDENT NO 3 TO PREPARE AND PUBLISH A FRESH, CORRECTED FINAL VOTERS LIST CONTAINING PHOTOGRAPHS OF ALL ELIGIBLE MEMBERS AND REFLECTING ACCURATE SUBSCRIPTION DATA BEFORE NOTIFYING A FRESH CALENDAR OF EVENTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 ORAL ORDER The petitioner, a member of the Karnataka Film Chamber of Commerce, has called in question the Endorsement issued by the second respondent on 16.01.2026 [Annexure-N] and the Calendar of Events published by the Returning Officer in terms of Annexure-H for the elections 2025-26. Sri Vivek Subba Reddy, the learned Senior Counsel for the petitioner, is heard by this Court on 20.01.2026 on the petitioner's request for the stay of the elections scheduled to be held on 31.01.2026 on the following grounds as against the publishing of the Final Voters List and the Calendar of events. [a] There is a manifest arbitrariness in the third and the fourth respondents publishing the Final Voters List on the day the Calendar of Events is notified and this is indisputable because Bye-law No.17 [which is part of the Memorandum of Articles of Association] is very clear that a list of members eligible to vote, as on the date of the notice shall be notified in the Notice Board of the fourth - 5 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 respondent 15 days prior to the date of the commencement of the nomination. [b] The Calendar of Events stipulates that nominations must be filed on 15.01.2026 and the Final Voters List is published on 14.01.2026 with not even a full day. [c] There is a denial of opportunity to those who get excluded from the Final Voters List and the action of the third and the fourth respondents in this regard is deliberate to exclude certain members who would otherwise be eligible to participate in the elections, in contesting and in voting." This Court, while recording the learned Senior Counsel's submissions on this Court's jurisdiction to intervene under Article 226 of the Constitution of India even after publication of the Calendar of Events, has observed that the question for consideration is whether the third and the fourth respondents would like to redress the petitioner's grievance even before the elections are held. - 6 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 2. In the light of this question, the third respondent has filed the Statement of Objections meeting the allegation that the Final Voters list was published just a day prior to the publication of the Calendar of Events though Bye-law No.17 of the Memorandum of Articles of Association stipulate that it should be fifteen days prior to the date of the commencement of the nomination process. The third respondent has stated thus: "16. The allegation in para 7 that a notice was published on 5.1.2026 on the notice board of the 4th respondent calling upon the members to furnish photographs to print it on the voters list and for issuance of voters slip as per the resolution dated 10.12.2025 and that the said notice is as per Annexure E may be true. This was in furtherance of the voters list which was finalized and published on 19th December 2025. The finalized voters list was published in the notice board of the 4th respondent, and a copy thereof was furnished to this respondent in December 2025. One contestant for the post of - 7 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 President, viz., Smt. Jayamala had availed of the voters list in December 2025 itself. The finalized eligible voters list is produced by the petitioner at Annexure J." 3. The Fourth Respondent has filed its Statement of Objections contending that upon the publication of the Final Voters List in December 2025, another publication is issued informing the members that the copies of the Final Voters List will be furnished on an application and remittance of the prescribed fee and that this List is also furnished to some members much before the date for filing Nominations against the prescribed remittance. To support this contention, copies of the Office Bearer's decision dated 17.12.2025 and Ledger Account of the remittances made for the copies of the Final Voters List are placed on record. 4. Sri Vivek Subba Reddy submits that neither the third respondent's Statement nor the documents produced today will be conclusive - 8 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 because [i] the Final Voters List [as per Annexure-J] has been signed by the third respondent on 14.01.2026, which vindicates the petitioner's case that the List is published just a day prior to the date of commencement of filing of nominations, and [ii] it could be that the remittances can relate to those who do not support the petitioner's participation in the election; and in fact, the learned Senior Counsel emphasizes that the petitioner is before this Court only because there is an endeavor to eliminate those who could support the petitioner's candidature. 5. Sri Udaya Holla, the learned Senior Counsel for the third respondent, and Sri Dhanaraj, the learned counsel for the fourth respondent, while reiterating that the Final Voters List is published on 17/19.12.2025, submit that all arrangements have been made for the General Body Meeting scheduled to be held on 31.01.2026 incurring costs over Rs.19- 20 lakhs with about 1,400 members expected to - 9 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 participate in the meeting and the elections, and the learned Senior counsel/the learned counsel emphasize that the judicial refrain has always been against interfering in the election process once the Calendar of Events is published. 6. Sri B Ravindranath, a learned Additional Government Advocate, staying besides the controversy presented, submits that no exception can be taken with the second respondent's impugned Endorsement as he has only stated that because the dispute relates to the exclusion of some members from the Final Voters List, the petitioner must approach the competent authority. Whether this Court must intervene under Article 226 of the Constitution of India when the Calendar of Events is published could engage this Court for a view one way or the other with the petitioner relying upon the decision of the Apex Court in 'Union Territory of Ladakh and Others v. Jammu and Kashmir National - 10 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 Conference and Another'1, but in the present circumstances, this Court must record that the outcome must turn on whether this Court can conclusively opine on petitioner's grievance with the continuance of the election because of an alleged non-compliance with the stipulation in Byelaw No. 17 in publishing the Final Voters List. 7. If the petitioner relies upon Annexure-J to contend that the Final Voters List is published on 14.01.2026 because it is signed on 14.01.2026, the contention from the other side is that this List is published in December 2025 with some members also being given copies thereof as against receipt of a certain amount. The third respondent has affirmed on oath the assertion that the Final Voters List is published on 19.12.2025 [with the learned Senior Counsel pointing out during the hearing that there is a typographical error, but actually it is dated 1 2023 SCC OnLine SC 1140 - 11 - HC-KAR NC: 2026:KHC:4810 WP No. 1424 of 2026 17.12.2025] and that a contestant for one of the office - bearer posts has been issued with the Final Voters list in December 2025 itself. 8. This Court in the proceedings under Article 226 of the Constitution of India cannot conclusively opine on whether the Final Voters List is published on 17/19.12.2025 or on 14.01.2026 and this must be verified in a competent civil suit after a trial. Further, it cannot be gainsaid that this Court's consistent view has been that the disputes relating to elections to the Governing Council or the Managing Committee of a Society registered under the Karnataka Societies Registration Act, 1960 must be examined in a properly instituted civil suit. Therefore, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-