- 1 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 38799 OF 2025 (CS-EL/M) BETWEEN: KOLAR DISTRICT CO OPERATION UNION LTD O/AT 2ND FLOOR SAHAKARA BHAVANA DCC BANK ROAD, KOLAR-563101 REP. BY ITS CHIEF EXECUTIVE OFFICER (PETITIONER SOCIETY IS REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …PETITIONER (BY SRI. DEVIPRASAD SHETTY., ADV.) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU RANGE, SAHAKARA SOWDHA, NO.146. 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU-560003. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 2. VOTERS LIST VERIFYING OFFICER OFFICE OF THE ASISTANT REGISTRAR KOLAR DISTRICT KOLAR-563101 3. RETURING OFFICER KOLAR DISTRICT CO OPERATIVE UNION LTD No.54/1, DISTRICT CO OPERATIVE BHAVANA DCC BANK ROAD KOLAR-563101 4. T NARAYANA SWAMY S/O LATE THIMMLAREDDY AGED ABOUT 70 YEARS R/A ALAVATA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD THIMMASANDRA POST SIRNIVASAPUR TALUK KOLAR DISTRICT 563135 REP BY ITS PRESIDENT 5. ASHWATH RAI E S/O EERAPPA REDDY AGED ABOUT 48 YEARS R/A Y HOSAKOTE MILK PRODUCERS CO OPERATIVE SOCIETY LTD - 3 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 Y HOSAKOTE POST SRINIVASAPURA TALUK KOLAR DISTRICT 563135 REP BY ITS PRESIDENT 6. SURESH GR S/O RAMAKRISHNA REDDY AGED ABOUT 40 YEARS SOCIETY R/A GORAVIMAKALAHALI MILK PRODUCERS C0-OPERATIVE SOCIETY LTD GORAVIMAKALAHALLI VILLAGE LAKSHMIPURA POST SIRNIVASAPURA TALUK KOLAR DISTRICT 563135 REP BY ITS PRESIDENT 7. ANANDAPPA S/O ANJANAPPA AGED ABOUT 50 YEARS R/A Y HOSAHALLIL MILK PRODUCERS CO-OPERATIVE SOCIETY LTD Y HOSAHALLI VILLAGE HOGALAGERE POST SIRNIVASAPURA TALUK KOLAR DISTRICT 563138 REP BY ITS PRESIDENT - 4 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 8. JAFFAR VALLI S/O BASU SAAB AGED ABOUT 67 YEARS R/A PULAGURAKOTE MILK PRODUCERS CO OPERATIVE SOCIETY LTD PULAGURAKOTE VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT 563135 REP BY ITS PRESIDENT 9. G R KRISHNA MURTHY S/O CHANNARYAPPA AGED ABOUT 47 YEARS R/A GUDIPALLICROSS MILK PRODUCERS CO OPERATIVE SOCIETY KOGERIPALLIVILAGE AND POST SIRNIVASAPURA TALUK KOLAR DISTRICT 563134 REP BY ITS PRESIDENT 10. SRINIVASA GOWDA S/O PILLANNA AGED ABOUT 52 YEARS R/A NEARNAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD NERAHALI VILLAGE MUTHAKAPALLI POST - 5 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 SRINIVASAPURA TALULK KOLAR DISTRICT 563138 REP BY ITS PRESIDENT 11. VENKATARAMANAPPAG A S/0 AKKALAPPA AGED ABOUT 50 YEARS R/A GOPALAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD GOPALAPURA VILLAGE, IMMARAKUNTE POST SIRNIVASAPUR TALUK KOLAR DISTRICT 563138 REP BY ITS PRESIDENT 12. SMT MANJULA C/O JAYARAM AGED ABOUT 45 YEARS R/A DIGAVAMORAMPALLILL MILK PRODUCERS OPERATIVE SOCIETY VILLAGE GAVANAPALLI POST SIRNIVASAPURA TALUK KOLAR DISTRICT 563161 REP BY ITS PRESIDENT 13. D SRINIVASA REDDY S/O CHIKKANARAYANAPPA - 6 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 AGED ABOUT 70 YEARS R/A DODDAPALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD DODDAPALLI VILLAGE RONURU POST SRINIVASAPUIRA TALUK KOLAR DISTRICT 563138 REP BY ITS PRESIDENT 14. MUNIYAPPA S/O VENKATAPPA AGED ABOUT 53 YEARS R/A TANTHARLAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD TANTHARLAHALLI VILLAGE KOTABALLAPALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563135 REP BY ITS PRESIDENT 15. CHOWDAREDDY R C S/O CHINNAAPPAL REDDY AGE ABOUT 48 YEARS R/A REDDYPALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD REDDYPALLIL VILLAGE KESETTYPALLI POST SRINIVASAPURA TALUK - 7 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 KOLAR DISTRICT 563135 REP BY ITS PRESIDENT …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R3, SRI. B.S.SACHIN, ADV, FOR R4 & ALSO FOR R5 TO R15 VAKALATH NOT FILED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE RESPONDENT NO ON 16/12/2025 IN DISPUTE NO JRB/MD/39/025-26 IS HEREWITH PRODUCED AS ANNEXURE G, DIRECTING RESPONDENT NO 3 TO HOLD AND CONDUCT THE ELECTIONS TO THE POST OF PRESIDENT AND VICE PRESIDENT OF THE PETITIONER UNION FROM THE STAGE WHERE IT WAS STOPPED, GRANT AN INTERIM ORDER TO STAYING THE ORDER PASSED BY THE RESPONDENT NO 1 ON 16/12/2025 IN DISPUTE NO JRB/MD/39/025-26 IS HEREWITH PRODUCED AS ANNEXURE G AND TO DIRECT THE RESPONDENT NO 3 TO HOLD AND CONDUCT THE ELECTIONS TO THE POST OF PRESIDENT AND VICE PRESIDENT OF THE PETITIONER UNION FORTHWITH FROM THE STAGE WHERE IT WAS STOPPED IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for quashing the order dated 16.12.2025 passed by respondent No.1 vide Annexure-G, and a writ of mandamus directing respondent No.3 to hold and conduct the election to the post of President, and Vice-President of the petitioner Union from the stage where it was stopped. 2. Brief facts, leading rise to the filing of this writ petition are as follows: By virtue of the interim order dated 25.09.2025 passed in W.P.No.29458/2025, the petitioner casted their vote. However, in compliance with the directions of this Court, returning officer counted only eligible votes casted, and proceeded to declare the election results. Thereafter, the election results were declared on 28.09.2025. After the declaration of the results, the returning officer announced the date of the office bearers election - 9 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 scheduled to be held on 09.10.2025. Thus, some of the petitioners approached this Court in W.P.No.29458/ 2025 seeking for voting rights, moved the matter and sought for an interim order of office bearers elections scheduled to be held on 09.10.2025. Even though there votes were not counted. This Court, vide order dated 09.10.2025, stayed the election of the office bearers election. The petitioner- Union filed an application for vacating the interim order in W.P.No.29458/2025. The said writ petition came to be dismissed by this Court on 17.11.2025 with a liberty. Thereafter, respondent No.3 issued a fresh calendar of events fixing the date of the election of the office bearers election on 17.12.2025. Thereafter, calendar of events was issued. Respondent Nos.3 to 15 filed an election dispute before respondent No.2. Respondent No.2 has stayed the election of the President and Vice-President. It was scheduled to be held on 17.12.2025. Hence, the petitioner aggrieved by the order passed by respondent No.2 dated 16.12.2025, filed this writ petition. - 10 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 3. Heard the learned counsel for the petitioner and also learned Additional Government Advocate. 4. Learned counsel for the petitioner submits that respondent No.1 has passed an order under political pressure. He submits that no reasons has been assigned for granting an ad-interim order. He submits that the said order passed by respondent No.1. Respondent No.1 without considering the order passed in W.P.No.29458/2025, has passed the impugned order. Hence, on these grounds, he prays to allow the writ petition. 5. Per contra, learned counsel for the Additional Government Advocate submits that the impugned order is an ad-interim order. The petitioner, without approaching respondent No.1 for vacating interim order filed this writ petition. Hence, the writ petition filed by the petitioner is - 11 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 not maintainable. Hence, on these grounds, he prays to dismiss the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that there are several rounds of litigation between the petitioner and private respondents. Respondent Nos.3 to 15 raised an election dispute before respondent No.1. Respondent No.1 raised an election dispute before respondent No.2 and also filed an application to stay the election of President and Vice- President of the office bearers. Respondent No.1 granted an ad interim of order staying the election of the post of President and Vice-President, which is scheduled to be held on 17.12.2025. The said order is an ad-interim order. The respondent, without filing an application for vacating an interim order, filed this writ petition. The petitioner ought to have filed an application for vacating the interim order. The petitioner without exhausting the efficacious - 12 - HC-KAR NC: 2026:KHC:1541 WP No. 38799 of 2025 remedy, has filed this writ petition. Hence, I do not find any grounds to entertain the writ petition. 8. Accordingly, I proceed to pass the following: ORDER i. The writ petition is disposed off. ii. The liberty is reserved to the petitioner to file an application for vacating an ad-interim order granted by respondent No.1. If such an application is made by the petitioner, respondent No.1 is directed to dispose off the said application within 15 days from the date of the receipt of the copy of this order. iii. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB