- 1 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 33859 OF 2025 (GM-KSR) C/W WRIT PETITION NO. 33846 OF 2025 (GM-KSR) WRIT PETITION NO. 33849 OF 2025 (GM-KSR) WRIT PETITION NO. 33860 OF 2025 (GM-KSR) IN WP No. 33859/2025 BETWEEN: SRI G C MANJUNATH S/O LATE G T CHANNABASAPPA AGED ABOUT 71 YEARS, OCCUPATION RETIRED DY SP MEMBER OF KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) MEMBERSHIP NO.273 R/AT NO. 71, 1ST MAIN ROAD, KPA BLOCK, CHANDRA LAYOUT, BANGALORE-560040. …PETITIONER (BY SRI. RAVIKUMARA B R., ADVOCATE) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER 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 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE CHIEF ELECTION OFFICER, KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU 560023. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE -4, SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, - 3 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER POLICE COLONY, MAGADI ROAD, BENGALURU-560023 REP BY ITS PRESIDENT SRI.K.B.BETTEGOWDA. 6. KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU - 560023 REP BY ITS SECRETARY SRI.M.SHANAKARAPPA KARNATAKA SOCIETY REGULATION ACT 1962. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA FOR R1 & R4; SRI. A. DEVARAJ., ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY., ADVOCATE FOR R3, R5 AND R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 01.11.2025 BEARING NO. BLU- S/1027/2005.06 REJECTING THE NOMINATION OF THE PETITIONER AND THE ENDORSEMENT DATED 04.11.2025 ISSUED BY THE CHIEF ELECTION OFFICER, R3 HEREIN ANN-A AND B BEARING NO. 10/ ELECTION /2005-27 CONSEQUENTLY DIRECT THE CHIEF ELECTION OFFICE R3 HEREIN TO ACCEPT THE - 4 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER NOMINATION OF THE PETITIONER AS VALID AND PERMIT HIM TO CONTEST THE FORTHCOMING ELECTION; 2. DIRECT THE R3 TO CONSIDER THE DIRECTION ISSUED BY THE R4 VIDE ORDER DATED 07.11.2025 VIDE ANNX-G. IN WP NO. 33846/2025 BETWEEN: SRI P D JANARDHANA S/O LATE P K DAHSHINA MURTHY AGED ABOUT 67 YEARS, OCCUPATION RETIRED POLICE INSPECTOR MEMBER OF KARNATAKA STATE RETIRED POLICE OFFICERS WELFARE ASSOCIATION (REG) MEMBERSHIP NO.365 R/AT NO. 301,3RD FLOOR, NANDINI TEMPLE VIEW APARTMENT GUBLALA, SUBRMANYA PURA POST, BANGALORE-560061. … PETITIONER (BY SRI. RAVIKUMARA B R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, - 5 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE CHIEF ELECTION OFFICER, KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU 560023. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE -4, SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG.) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU-560023 REP. BY ITS PRESIDENT SRI.K.B.BETTEGOWDA. - 6 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER 6. KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG.) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU - 560023 REP. BY ITS SECRETARY SRI.M.SHANAKARAPPA 5 & 6 KARNATAKA SOCIETIES REGISTRATION ACT 1960. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA FOR R1 & R4; SRI. A DEVARAJ., ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY., ADVOCATE FOR R3, 5 & R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO A) QUASH THE ORDER DATED 01.11.2025 BEARING NO. BLUS/1027/2005-06 REJECTING THE NOMINATION OF THE PETITIONER AND THE ENDORSEMENT DATED 04.11.2025 ISSUED BY THE CHIEF ELECTION OFFICER, R3 HEREIN ANNX-A AND B BEARING NO. 14/ELECTION /2025-27 CONSEQUENTLY DIRECT THE CHIEF ELECTION OFFICE R3 HEREIN TO ACCEPT THE NOMINATION OF THE PETITIONER AS VALID AND PERMIT HIM TO CONTEST THE FORTHCOMING ELECTION; B. DIRECT THE R3 TO CONSIDER THE - 7 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER DIRECTION ISSUED BY THE R4 VIDE ORDER DATED 07.11.2025 VIDE ANNX-G. THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO-QUASH THE ORDER DATED 01.11.2025 REJECTING THE NOMINATION OF THE PETITIONER AND THE ENDORSEMENT BEARING NO. BLU-5/1027/2005-06 DATED 05.11.2025 ISSUED BY THE CHIEF ELECTION OFFICER, R3 HEREIN BY ANNX-A AND B BEARING NO. 14/ELECTION/2025-27 AND CONSEQUENTLY DIRECT THE CHIEF ELECTION OFFICE R3 HEREIN TO ACCEPT THE NOMINATION OF THE PETITIONER AS VALID AND PERMIT HIM TO CONTEST THE FORTHCOMING ELECTION; 2. DIRECT THE R3 TO CONSIDER THE DIRECTION ISSUED BY THE R4 VIDE ORDER DATED 04.11.2025 VIDE ANNX-G. IN WP NO. 33849/2025 BETWEEN: 1. SRI B S SHANTHA KUMAR S/O LATE B SHIVA BEERAPPA AGE ABOUT 65 YEARS OCC RETIRED ACP MKEMBER OF KLARNATAKA STATE RETIRED POLICE OFFICER WELFARE ASSOCIATION (REG) R/A NO 26A 1ST CROSS-EXAMINATION, KRISHNA NAGARA JP NAGARA 8TH PHASE - 8 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER KOTHANUR MAIN ROAD BANGALORE 560078. ...PETITIONER (BY SRI. RAVIKUMARA B R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATILON MS BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU 560001 REP BY ITS PRINCIPAL SECRETARY. 2. THE STATAE CO OPERRATIVE ELECTION AUTHORITY 3RD FLOOR ,TTMC A BLOCK, K H ROAD SHANTHINAGAR, BANGALORE 560027 REP BY ITS SECRETARY. 3. THE CHIEF ELECTION OFFICER KARNATAKA STATE RETIRED POLICE OFFICERS WELFARE ASSOCIATION (REG) NO 4/2, MAGADI ROAD POLICE COLONY MAGADI ROAD BENGALURU 560023. 4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES ZONE 4, SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS-EXAMINATION, MALLESHWARAM BANGALORE - 560 003. - 9 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER 5. KARNATAKA STATAE RETIRED POLICE OFFICERS WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY MAGADI ROAD BENGAURUU 560023 REP BY PRESIDENT SRI K B BETTEGOWDA 6. KARNATAKA STATE RETIRED POLICE OFFICERS WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY MAGADI ROAD BENGALURU - 560 023 REP BY ITS SECRETARY SRI. M. SHANKARAPPA KARNATAKA SOCITIES RGISTRATION ACT 1960. ...RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA FOR R1 & R4; SRI. A. DEVARAJ., ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY., ADVOCATE FOR R2, R5 AND R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 01.11.2025 REJECTING THE NOMINATION OF THE PETITIONER AND THE ENDORSEMENT DATED 04.11.2025 BEARING NO. 11/ELECTION/ 2025-27 ISSUED BY THE CHIEF ELECTION OFFICER RESPONDENT NO.3 HEREIN ANNEXURE-A AND B AND CONSEQUENTLY DIRECT - 10 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER THE CHIEF ELECTION OFFICE RESPONDENT NO.3 HEREIN ANNEXURE-A & B & CONSEQUENTLY DIRECT THE CHIEF ELECTION OFFICE RESPONDENT NO.3 HEREIN TO ACCEPT THE NOMINATION OF THE PETITIONER AS VALID AND PERMIT HIM TO CONTEST THE FORTHCOMING ELECTION; B. ISSUE A WRIT OF MANDAMUS BY DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE DIRECTION ISSUED BY THE RESPONDENT NO.4 VIDE ORDER DATED 07.11.2025 VIDE ANNEXURE- ANNEXURE-G. IN WP NO. 33860/2025 BETWEEN: SRI CHANNAPPA K S/O LATE CHANNEGOWDA AGED ABOUT 71 YEARS, OCCUPATION RETIRED DY. SP MEMBER OF KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) MEMBERSHIP NO.397 R/AT NO.404, 4TH FLOOR, RV APARTMENT, 30 FEET SERVICE ROAD, RPC LAYOUT HAMPI NAGARA, BANGALORE-560104, ...PETITIONER (BY SRI. RAVIKUMARA B R.,ADVOCATE) - 11 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER 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 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. THE CHIEF ELECTION OFFICER, KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU-560023. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-4, SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MALLESHWARAM, BANGALORE-560003. 5. KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) - 12 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU - 560023 REP BY ITS PRESIDENT SRI.K.B.BETTEGOWDA 6. KARNATAKA STATE RETIRED POLICE OFFICERS' WELFARE ASSOCIATION (REG) NO. 4/2, MAGADI ROAD, POLICE COLONY, MAGADI ROAD, BENGALURU 560023 REP BY ITS SECRETARY SRI.M.SHANAKARAPPA. ...RESPONDENTS (BY SRI.A. DEVARAJ., ADVOCATE FOR R2; SRI. DEVI PRASAD SHETTY., ADVOCATE FOR R3, R5 AND R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.11.2025 REJECTING THE NOMINATION OF THE PETITIONER AND THE ENDORSEMENT DATED 05.11.2025 ISSUED BY THE CHIEF ELECTION OFFICER, R3 HEREIN VIDE ANN-A AND B BEARIN NO. 13/ELECTION/2025-27 & CONSEQUENTLY DIRECT THE CHIEF ELECTION OFFICE R3 HEREIN TO ACCEPT THE NOMINATION OF THE PETITIONER AS VALID AND PERMIT HIM TO CONTEST THE FORTHCOMING ELECTION; 2. DIRECT THE R3 TO CONSIDER THE DIRECTION ISSUED BY THE - 13 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER R4 VIDE ORDER DATED 07.11.2025 VIDE ANNX-G. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are members of the Karnataka State Retired Police Officer's Welfare Association - a Society that is registered under the Karnataka Societies Act, 1960 [for short referred to as, ‘the Society’]. The petitioners have filed their nominations for the different offices and for membership of the Executive Committee in the elections scheduled to be held on 11.11.2025. The petitioners are aggrieved because their nominations have been rejected, and they seek redressal of their grievance in this regard. 2. The petitioners' nominations have been rejected on the ground that they have been office bearers or members of the Executive Committee on multiple times consecutively and that their - 14 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER candidature is supported by those members who have proposed/ seconded other candidates. The jurisdictional Deputy Registrar of Co-operative Societies [the common fourth Respondent], acting on the petitioners’ representations, has only intervened to hold elections fairly and transparently. 3. This Court, on 12.11.2025, has granted interim order directing the President/Secretary of the Society not to fill up five posts, and this interim order is continued from time to time. When queried, it is placed on record that a post of Secretary, two posts of Zonal Organizing Secretaries [out of six], the post of State Organizing Secretary and one Executive Committee membership remain unfilled because of this interim order. 4. Sri Ravikumara B.R., the learned counsel for the petitioners, is heard on the maintainability of this writ petition. The learned counsel canvases that the writ petitions are maintainable because [a] the - 15 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER petitioners, before approaching this Court, have approached the Deputy Registrar who, without redressing the petitioners' grievances, has only directed the Association to hold elections transparently, and [b] the petitioners have approached this Court in time after the Returning Officer failed to consider the representation and with the Deputy Registrar obfuscating his responsibilities. 5. Sri Devi Prasad Shetty, the learned counsel for the third, fifth and sixth respondents, submits that this Court's consistent view has been that the authorities under the Act cannot intervene in election issues given the limited scope of Section 25 of the Act and that this Court must relegate the petitioners to work out their remedies in a properly instituted civil suit. In reply, Sri Ravikumara B.R. submits that, notwithstanding the question of maintainability, this Court could dispose of the petition because elections are still not held for the - 16 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER five posts but reserving liberty to the petitioners to participate in the elections to those posts and stipulating that the Returning Officer must, as and when the petitioners file their nominations for the positions that remain unfulfilled, by a reasoned order reason how the petitioners would be disqualified if bye-law 16.3 only reads that an office bearer or a member of the Executive Committee, who has been in such position for two consecutive years, cannot contest the elections. 6. The learned counsel emphasizes that none of the petitioners have been either an office bearer or a member of the Executive Committee for two consecutive terms. Sri Devi Prasad Shetty is also heard in the light of these submissions in rejoinder and the consensus is that this petition could indeed be disposed of on terms that are just and reasonable. In the light of the afore, the following: - 17 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER ORDER [A] The petition stands disposed of permitting the Society/its concerned office bearers to notify elections for the five posts that remain vacant with liberty to the petitioners to file their nominations observing that if the petitioners file their nominations, the Returning Officer shall [if their nomination is to be rejected] indicate by a reasoned order the details of the terms for which they have been either office bearers or members of the Executive Committee for consecutive periods. [B] If the petitioners have any cause because of the decision of the Returning Officer, they shall necessarily invoke the jurisdiction of the competent civil Court under Section 9 of Code of Civil Procedure, 1908. - 18 - HC-KAR NC: 2026:KHC:4016 WP No. 33859 of 2025 C/W WP No. 33846 of 2025 WP No. 33849 of 2025 AND 1 OTHER [c] It is also observed that if the Returning Officer, despite this Court's specific stipulation as aforesaid, fails to give reasons, it shall be open to the petitioners that they could file for appropriate relief against the Returning Officer, including the relief for damages. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr