- 1 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1273 OF 2026 (GM-KSR) BETWEEN: 1. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY 2. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS PRESIDENT SRI. CHANDRASHEKAR NUGGALI, 3. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY SRI.CHETHAN H S 4. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY 5. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS PRESIDENT SRI. CHANDRASHEKAR NUGGALI, 6. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY SRI.CHETHAN H S 7. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY 8. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS PRESIDENT SRI. CHANDRASHEKAR NUGGALI, 9. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, - 3 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY SRI.CHETHAN H S 10. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY 11. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS PRESIDENT SRI. CHANDRASHEKAR NUGGALI, 12. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY SRI.CHETHAN H S …APPELLANTS (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE A/W SRI. SARAVANA S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION MS BUILDING, BANGALORE-560001 REPT. BY ITS PRINCIPAL SECRETARY - 4 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 2. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES 4TH ZONE, BANGALORE URBAN DISTRICT, SAHAKARA SOUDHA, 3RD FLOOR, MALLESWARAM, BANGALORE-570003. 3. MEHABOOB PASHA MULIMANI, STATE RETURNING OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 4TH CROSS ROAD, 5TH MAIN ROAD, GANDHINAGAR, BANGALORE -560009 4. K DINAKAR SHETTY, S/O SHIVARAMA SHETTY, AGED ABOUT 58 YEARS, DISTRICT PRESIDENT, KARNATAKA STATE GOVERNMENT PRIMARY SCHOOL TEACHERS ASSOCIATION, MUTTU MAHAL, AMPAR POST, KUNDAPUR TALUK, UDUPI-576238 5. SRI. RAGHAVENDRA NAIK, S/O GOVINDA NAIK, AGED ABOUT 50 YEARS, DISTRICT SECRETARY, KARNATAKA STATE GOVERNMENT PRIMARY SCHOOL TEACHERS ASSOCIATION, SHRI DEVIKRUPA, HESKUNDA, NANCHAR VILLAGE, BRAHMAVAR TALUK, UDUPI DISTRICT-576234 6. SRI.RAVI, S/O SRINIVASA POOJARY, AGED ABOUT 45 YEARS, TEACHER, - 5 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 TREASURER KARNATAKA STATE GOVERNMENT PRIMARY SCHOOL TEACHERS ASSOCIATION, HANESH KRUPA, BADABETTE, BAIKADY, BRAHMAVAR POST, UDUPI DISTRICT - 576213 7. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION MS BUILDING, BANGALORE-560001 REPT. BY ITS PRINCIPAL SECRETARY 8. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES 4TH ZONE, BANGALORE URBAN DISTRICT, SAHAKARA SOUDHA, 3RD FLOOR, MALLESWARAM, BANGALORE-570003. 9. MEHABOOB PASHA MULIMANI, STATE RETURNING OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 4TH CROSS ROAD, 5TH MAIN ROAD, GANDHINAGAR, BANGALORE -560009 10. THE TALUK RETURNING OFFICER, AND BLOCK EDUCATION OFFICER CHANNARAYAPATNA TALUK, HASSAN-573116 11. THE TALUK RETURNING OFFICER, AND BLOCK EDUCATION OFFICER, HASSAN TALUK HASSAN-573103 12. THE RETURNING OFFICER, KARNATAKA STATE PRIMARY - 6 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 SCHOOL TEACHERS ASSOCIATION, ALUR TALUK, HASSAN-573213 13. THE RETURNING OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, ARAKALGUD TALUK, HASSAN DISTRICT-573102 14. THE RETURNING OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, BELUR TALUK, HASSAN-573115 15. PALAKSHA S B, S/O BASAVARAJEGOWDA, AGED ABOUT 46 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, BANDILAKKANAKOPPALU, HALIBEDU HOBLI, RAJANASIRIYURU POST, BELUR TALUK, 573115 HASSAN DISTRICT, 16. RAGHUKUMAR, S/O BASAVARAJU B M, AGED ABOUT 48 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, THATTEHALLI, HALIBEDU HOBLI, BELUR TALUK, 573115 HASSAN DISTRICT 17. EERAIAH G J, S/O JAVARAIAH, AGED ABOUT 53 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, - 7 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 ANDALE, BELUR TALUK, 573115 HASSAN DISTRICT, 18. ROOPA H R, D/O RAJSHEKAR H R, AGED ABOUT 42 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, D BHOVI COLONY, BELUR TALUK, 573115 HASSAN DISTRICT 19. RAJASHEKARAPPA B N, S/O LATE NANJAPPA, AGED ABOUT 52 YEARS, TEACHER, GOVERNMENT URDU LOWER PRIMARY SCHOOL, ARAKALAGUDU PETE AND TALUK, 573102 HASSAN DISTRICT 20. VARADARAJU D M, S/O MOODALAGIRIGOWDA, AGED ABOUT 53 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, TALURU, ALUR TALUK, 573213 HASSAN DISTRICT 21. DHARMA B R, S/O RANGEGOWDA. AGED ABOUT 52 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, NERALAKERE KOPPALU, ALUR TALUK, 573213 HASSAN DISTRICT 22. OMKARAMURTHY R, S/O RAMESH H, AGED ABOUT 46 YEARS, TEACHER, GOVERNMENT HIGHER - 8 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 PRIMARY SCHOOL, SHANEGERE, ARASIKERE TALUK, HASSAN-573103 23. C B JAYARAM, S/O BASAVEGOWDA, AGED ABOUT 51 YEARS, ASSISTANT TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, HULENAHALLI, HASSAN TALUK HASSAN-573103 24. H R SHEKAR, S/O HS RUDRAPPA, AGED ABOUT 51 YEARS, ASSISTANT TEACHER, GOVERNMENT URDU LOWER PRIMARY SCHOOL, MIRJAMOHALLA, HASSAN, HASSAN TALUK HASSAN-573103 25. JAGADEESH, S/O NANJAPPA, AGED ABOUT 51 YEARS, GOVERNMENT LOWER PRIMARY SCHOOL, ASSISTANT TEACHER, NIDANURU PALYA, ALUR POST, HASSAN DISTRICT-573213 26. HIRIYANNA B L, S/O LAKSHMEGOWDA B A, AGED ABOUT 50 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HIRISAVE, CHANNARAYAPATNA TALUK, 573116 HASSAN DISTRICT 27. RAJASHEKARA, S/O ESHWARAIN, AGED ABOUT 52 YEARS, - 9 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 ASSISTANT TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, CHAMALAPURA, THIPPUR POST, KR NAGAR TALUK, MYSORE DISTRICT-571602 28. MOHAN KUMAR P S, S/ O SANNARAMASHETTY, AGED ABOUT 54 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HEBBALU BADAVANE, HEBBALU POST, KR NAGAR TALUK, MYSORE DISTRICT- 571602 29. MAHADEVA, S/O DODDAMANCHAIAH, AGED ABOUT 50 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MC HUNDI, MYSORE TALUK, MYSURU-570010 30. SURESHA N, S/O K NAGAANNA, AGED ABOUT 54 YEARS, HEAD MASTER, GOVERNMENT HIGHER PRIMARY SCHOOL, KEELANAPURA 570010 MYSORE TALUK AND DISTRICT 31. SHANTHARAJU P, S/ O PARASHIVA, AGED ABOUT 46 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, GUNGRAL CHATHRA MYSORE TALUK AND DISTRICT 571130 - 10 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 32. H S MAHESHA, S/O SHIVAPPA, AGED ABOUR 51 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MUDDANAHALLI, NANJANAGUD TALUK, MYSORE-571130. 33. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION MS BUILDING, BANGALORE-560001 REPT. BY ITS PRINCIPAL SECRETARY 34. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES 4TH ZONE, BANGALORE URBAN DISTRICT, SAHAKARA SOUDHA, 3RD FLOOR, MALLESWARAM, BANGALORE-570003. 35. MEHABOOB PASHA MULIMANI, STATE RETURNING OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 4TH CROSS ROAD, 5TH MAIN ROAD, GANDHINAGAR, BANGALORE -560009 36. THE TALUK RETURNING OFFICER, CHITRADURGA TALUK, CHITRADURGA DISTRICT 573116 37. THE TALK RETURNING OFFICER, CHALLAKERE TALUK CHITRADURGA DISTRICT. 573103 38. THE RETURNING OFFICER, HOLALAKERE TALUK, CHITRADURGA DISTRICT. 573213 - 11 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 39. THE RETURNING OFFICER, MOLAKALAMUR TALUK, CHITRADURGA DISTRICT. 573102 40. THE RETURNING OFFICER, HIRIYUR TALUK, CHITRADURGA DISTRICT. 573102 41. AJAY KUMAR KG, S/O GURUNATHAPPA K B, AGED ABOUT 40 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KYADIGERE, CHITRADURGA-577527 42. B VEERESH, S/O B BASAVARAJAPPA, AGED ABOUT 43 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, SARASWATIHATTI, HIRIYUR TALUK, 577599 CHITRADURGE DISTRICT 43. H OMKARAMMA, W/O RAVICAHANDRA REDDY, AGED ABOUT 54 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KK PURA, RAMPURA, MOLAKALMUR TALUK, 577535 CHITRADURGA DISTRICT. 44. M G SHIVARAMAIAH, S/O GANGAIAH, AGED ABOUT 57 YEARS, TEACHER, MIDDLE SCHOOL, MAGADI TOWN, BANGALORE SOUTH-562120 - 12 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 45. B H SHIVASHANKAR, S/O HANUMANTHAPPA, AGED ABOUT 43 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, GORALDAKU, HIRIYUR TALUK, CHITRADURGE-577599 46. PARVATHAMMA T W/O OMKARMURTHY AGED ABOUT 47 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, IMAMPURA, CHALLAKERE TALUK, 577522 CHITRADURGA DISTRICT 47. G N THIPPESWAMY, S/O G I NAGABHUSHAN AGED ABOUT 49 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, OODNOBAIANAHATTI, MOLAKALMURU TALUK, 577535 CHITRADURGA DISTRICT 48. ERANNA, S/O BANDISANNAIAH, AGED ABOUT 54 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, NETRANAHALLI, MOLAKALMURU TALUK, CHITRADURGA DISTRICT 577535 49. BYRESHI G, S/O GANGADHARAPPA, AGED ABOUT 53 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HALUDARA, CHITRADURGA TALUK, CHITRADURGA-577541 - 13 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 50. RANGESHA J, S/O HUCHAPPARA JAYAPPA, AGED ABOUT 45 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MUDDAPURA, CHITRADURGA TALUK-577541 CHITRADURGA-577541 51. DILIPKUMAR D C, S/O CHANDRAPPA, AGED ABOUT 49 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, C G GOLLARAHATTI, CHITRADURGA TALUK, CHITRADURGA-577541 52. MEENAKSHI D C, W/O RANGESH GT, AGED ABOUT 50 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, PALAKENAHALLI, CHITRADURGA TALUK CHITRADURGA-577541, 53. D C PRIYA, W/O ASHWIN KUMAR, AGED ABOUT 47 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, SADARAHALLI, CHITRADURGA TALUK DISTRICT-577541 54. K VEERABHADRAPPA, S/O KARIYAPPA, AGED ABOUT 55 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, JAYANNA NAGAR, - 14 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 CHALLAKERE TALUK, CHITRADURGA DISTRICT-577538 55. BASAVARAJ K, S/O KADURAPPA, AGED ABOUT 52 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, SURANAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577538 56. LATHA S R, W/O RAJANNA, AGED ABOUT 52 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, PARUSHURAMAPURA, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577538 57. S THIPPESWAMY, S/O SUBBARAJU, AGED ABOUT 53 YEARS, TEACHER, PM SRI WOMENS SCHOOL, CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 58. SADASHIVAIAH R, S/O RUDRAIAH R, AGED ABOUT 51 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, A K COLONY, NAYAKARAHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577538 59. CHANDRANNA R, S/O RANGAPPA, AGED ABOUT 52 YEARS, TEACHER, - 15 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 GOVERNMENT HIGHER PRIMARY SCHOOL, DEVARAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577538 60. HANUMANTHAPPA H, S/O HANUMANTHAPPA, AGED ABOUT 51 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, BANDEHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577522 61. K GOVINDAPPA, S/ O KARIYAPPA, AGED ABOUT 41 YEARS, TEACHER,GOVERNMENT LOWER PRIMARY SCHOOL, KORADIHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577538 62. NIJALINGAPPA K S, S/O SHARANAPPA K M, AGED ABOUT 56 YEARS, TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, KATTHALIHATTI, HOLALAKERE TALUK, CHITRADURGA DISTRICT 577526 63. N C SRIDHAR, S/O N B CHANDRAPPA, AGED ABOUT 41 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KANAVEJOGIHALLI, HOLALAKERE TALUK, CHITRADURGA DISTRICT 577526 - 16 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 64. RAJAPPA C, S/O CHANDRAPPA, AGED ABOUT 40 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KALLIHATTI GOLLARAHATTI, CHITRADURGA TALUK, CHITRADURGA DISTRICT 577501 65. SHYALAJA K, W/O B S ANAND, AGED ABOUT 44 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, M K HATTI, CHITRADURGA TALUK, CHITRADURGA-577501 66. MADHU S J, S/O JEEVANNA S B, AGED ABOUT 55 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY BOYS SCHOOL, SIRIGERE, CHITRADURGA TALUK, CHITRADURGA- 577501 67. LOKESH M R, S/O RAMACHANDRAPPA M P, AGED ABOUT 44 YEARS, TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, YAERAEHALLI, CHITRADURGA TALUK, CHITRADURGA-577501 68. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION MS BUILDING, BANGALORE-560001 REPT. BY ITS PRINCIPAL SECRETARY - 17 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 69. KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION 5TH MAIN, 4TH CROSS, GANDHINAGAR, BANGALORE-560009 REPT. BY ITS GENERAL SECRETARY SRI.H S CHETHAN 70. THE DEPUTY REGISTRAR OF CO-OP SOCIETIES 4TH ZONE, BANGALORE URBAN DISTRICT, SAHAKARA SOUDHA, 3RD FLOOR, MALLESWARAM, BANGALORE-570003. 71. MEHABOOB PASHA MULIMANI, STATE RETURNING OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHERS ASSOCIATION, 4TH CROSS ROAD, 5TH MAIN ROAD, GANDHINAGAR, BANGALORE -560009 72. RAJEGOWDA, S/O NANJAPPA, AGED ABOUT 58 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KARADIKOPPALU, MANDYA TALUK, MANDYA- 571 416 73. UMESH G C, S/O CHIKKEGOWDA, AGED ABOUT 56 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HONNANAYAKANAHALLI, MANDYA TALUK, MANDYA- 571 422 - 18 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 74. SIDDEGOWDA H S, S/O SIDDEGOWDA, AGED ABOUT 48 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, BILIDAEGULA, MANDYA TALUK MANDYA- 571 416 75. UMESH, S/O NINGAIAH, AGED ABOUT 52 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, DYAPASANDRA, MANDYA TALUK MANDYA- 571 446. 76. CHELUVARAJ, S/O YRAMUDI, AGED ABOUT 48 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, JODIHUDGHATTA, MANDYA TALUK, MANDYA- 571 450 77. RUDRASWAMY, S/O BASAVANNA, AGED ABOUT 38 YEARS, PRE-UNIVERSITY PRIMARY SCHOOL TEACHER, JAVANAHALLI, MANDYA TALUK, MANDYA-571 405 78. K T SRINIVASU, S/O THARESH, AGED ABOUT 51 YEARS, ASSISTANT TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, JEEGUNDI PATTANA, - 19 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 MANDYA TALUK, MANDYA 571 402 79. CHANDRASHEKAR R A, S/O ANKEGOWDA, AGED ABOUT 44 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, YALAECHAKANAHALLI, MANDYA TALUK, MANDYA- 571 402 …RESPONDENTS (BY SRI. K.S. HARISH,GOVERNMENT ADVOCATE FOR R1 & R2 SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE A/W SRI. PRUTHVI WODEYAR, ADVOCATE FOR C/R4 & R5 SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI. S.B. TOTAD, ADVOCATE FOR R9 TO R35) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL, SET ASIDE THE IMPUGNED ORDER DATED 17/04/2026 AND 24/04/2026 PASSED BY THE LEARNED SINGLE JUDGE IN 12280/26, 12259/26, 12253/26, 12272/26 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 20 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 24.04.2026 passed by the learned Single Judge in Writ Petition No.12280/2026 (GM-KSR) and connected matters declining the appellants' prayer for vacation of the interim order dated 17.04.2026. 2. The operative part of the interim order dated 17.04.2026 reads as under: "xxxxx Prima facie, holding elections without preparation and approval of the voter list strikes at the very root of the electoral process. The sanctity of the election is fundamentally premised on a duly prepared and approved electoral roll. In the absence of the same, the entire process is rendered vulnerable and, therefore, the impugned action appears to be fundamentally flawed, warranting deeper examination by this Court. On a pointed query by this Court as to whether the calendar of events has been notified upon securing proper approval of the voter list from the competent authority, the learned counsel appearing for respondent Nos.2 and 3 submits that he has no instructions, at this stage, and seeks time to obtain necessary instructions. In that view of the matter, this Court is of the considered opinion that an interim order is warranted. Accordingly, the calendar of events dated 01.04.2026, issued for conducting the election of respondent No.2– - 21 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 Association, is hereby stayed till the next date of hearing. Registry to tag W.P.Nos.12253/2026, 12272/2026 and 12259/2026 along with this petition and list in preliminary hearing fresh matters list on 27.04.2026. Hand delivery ordered." 3. The appellants also impugn the said order [interim order dated 17.04.2026] in addition to the order dated 24.04.2026, rejecting the appellants’ application for vacation of the interim order. 4. The respondents had filed the said petition [W.P.No.12280/2026], inter alia, praying as under: "i) Issue a Writ of Mandamus directing the Respondent No 5 to conduct the election of the Respondent No 3 and its Taluk, and District Association in affair and Transparent manner by preparing the fresh Voters list (ii) Issue a Writ of Mandamus directing the Respondent No 5 and 3 to approve the draft Voters list submitted by the Petitioner No 1 to the Respondent No 2 Association and to conduct the election from the stage of filing of the nomination. (iii) Issue a writ in the nature of Mandamus directing the Respondent No 5 to appoint the new State Returning officer or direct the election to be conducted under the supervision of a neutral authority to ensure free, fair and Transparent election. - 22 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 (iv) Issue a Writ of certiorari quashing the calendar of events issued by the Respondent No 6 vide Annexure D Dated 01.04.2026. (v) Grant such other relief as deems fit in the circumstances of case and allow the writ petition with cost in the interest of justice and equity. " 5. The controversy in the present case relates to the conducting of elections to the appellant society. The learned counsel for the appellants stated that the elections of the office bearers of the Board of the appellant society require to be conducted in stages. It is stated that at the first instance in each Taluk, the representatives are elected by the members of the Taluk, who form the electoral college. The electoral college participates in electing the office bearers of the three bodies: at the Taluk, District and State levels. 6. The respondents [writ petitioners] are essentially aggrieved by the conduct of the elections for electing the members of the electoral college at the concerned Taluk level. 7. It is the appellants’ case that, for want of preparation of a voters' list in a few Taluks, the entire election to the office bearers of the appellant society is sought to be derailed. Apart from the - 23 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 merits of the writ petitions, the appellants also argue that the writ petitions are not maintainable. 8. It is contented that respondent no.2 - Deputy Registrar of Cooperative Societies (arrayed as respondent No.5 in the writ petition/s) does not perform any function of conducting elections and therefore, a writ in the nature of mandamus directing the Deputy Registrar of Co-operative Societies to conduct an election of the appellant society, cannot be issued. The said authority also does not perform any function of approving any voters' list or appointing any Returning Officer for the conduct of the elections. The fourth prayer made by the writ petitioners was for quashing the calendar of events issued by the appellant society. However, a public remedy would not lie against any grievance relating to the functioning of the appellant society, which is in the nature of a private organization. 9. Although the appellants had raised the issue of maintainability of the writ petition/s, the impugned order dated 24.04.2026 indicates that the learned Single Judge had rejected the same as not meriting any acceptance at the interlocutory stage. - 24 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 10. The learned counsel appearing for the appellants referred to the recent decision of the Supreme Court in Ram Chandra Choudhary & ors., v. Roop Nagar Dugdh Utpadak Sahakari Samiti Limited & Ors.,1 wherein the Supreme Court had considered the question of maintainability of a writ petition against a society registered under the Rajasthan Co-operative Societies Act, 2001. This was in the context of orders passed by the Rajasthan High Court allowing the writ petitions preferred, challenging the bye-laws of the society in question. We consider it relevant to set out certain observations made by the Supreme Court in regard to the said question: "14. At the outset, it is necessary to consider the preliminary objection raised by the learned senior counsel for the appellants regarding the maintainability of the writ petitions under Article 226 of the Constitution of India. The High Court in the impugned judgment, proceeded to examine the validity of the bye-laws framed by the District Milk Unions without first addressing the foundational issue as to whether the writ petitions themselves were maintainable, having regard to the nature and character of the respondent societies, as well as the statutory dispute-resolution mechanism provided under the Act, 2001. Since the issue pertains to the very assumption of jurisdiction, it goes to the root of the matter and must be adjudicated as a threshold question. 1 2026 SCC OnLine SC 583 - 25 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 14.1. It is well settled that the jurisdiction of the High Courts under Article 226, though wide and plenary, is not unbridled. While it extends beyond the confines of Article 32 and may, in appropriate cases, be invoked even against bodies not falling within the definition of “State” under Article 12, such jurisdiction is ordinarily exercised where the impugned action bears a public law element. A writ would lie against a non-State entity only where it performs public duties, discharges public functions or is alleged to have acted in breach of statutory or constitutional obligations of a public character. 14.2. Conversely, disputes which pertain purely to the internal management, governance or electoral processes of co-operative societies do not, as a matter of course, attract writ jurisdiction merely because such societies owe their incorporation to a statute. The existence of a statutory framework regulating such societies does not by itself convert internal disputes into matters of public law. The exercise of jurisdiction under Article 226 in such cases must therefore be tested on well-established principles, including the nature of the right asserted, the character of the duty alleged to have been breached, and the availability of an efficacious alternate statutory remedy. 14.3. This Court has, in a long line of decisions, delineated the contours for determining when a body, though not “State” within the meaning of Article 12, may nevertheless be amenable to writ jurisdiction. The relevant considerations include whether the body is entrusted with public duties, performs functions of a public nature, or is subject to deep and pervasive State control so as to partake the character of an instrumentality of the State. 14.4. However, the mere existence of regulatory or supervisory control, howsoever extensive, is not determinative. Such control must be of a degree that fundamentally alters the character of the body. In the absence of such indicia, disputes which are essentially - 26 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 private or internal in nature fall outside the ambit of judicial review under Article 226." 11. The Supreme Court referred to its earlier decisions in Ajay Hasia v. Khalid Mujib Sehravardi2 and Thalappalam Service Co-operative Bank Ltd. v. State of Kerala3 and had observed that a society cannot be regarded as a 'State' or a 'Public Authority'. In the given context, the Supreme Court had held that "the writ petitions ought not to have been entertained in exercise of jurisdiction under Article 226". 12. The impugned order dated 24.04.2026 indicates that the learned Single Judge did not accept the challenge to the maintainability of the petition/s in view of the proceedings, which were pending before a Co-ordinate Bench in Writ Petition No.100888/2026 (CS-RES), where the Deputy Registrar of Co- operative Societies had undertaken to conduct the elections within one month. 13. This Court is informed that the said writ petition [W.P.No.100888/2026] has been filed challenging the amendment 2 (1981) 1 SCC 722 3 (2013) 16 SCC 82 - 27 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 to the bye-laws of the appellant society and its registration by the Registrar of Co-operative Societies. 14. The learned counsel for respondent nos.4 and 5 had also produced the order dated 26.03.2026 passed in the aforesaid petition, which reads as under: "Respondent No.4-Smt. Kavita S.K., Deputy Registrar of Co-operative Societies, appeared through video conference and undertook to conduct the election within one month from today. Undertaking of respondent No.4 is placed on record. List the matter after one month." 15. As is apparent from the above, it merely records that the Deputy Registrar of Co-operative Societies had appeared through video conferencing and had undertaken to conduct the elections within one month from that date. The said order cannot be considered as a direction issued by the Court to respondent no.2 [Deputy Registrar of Co-operative Societies] to conduct election. It is obvious that the said order proceeds on the basis that respondent no.2 was obliged to conduct such an election. However, admittedly, respondent no.2 is not required to perform any such function. - 28 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 16. We may, at this stage, also note the prayers made in Writ Petition No.100888/2026. The same are set out below: "a) Issue a Writ of Certiorari, quashing the order dated 24-03-2025 passed by the Respondent No. 4, approving the amendment of the Bye-laws of the Karnataka State Primary School Teachers Association at vide ANNEXURE-E, as being illegal, arbitrary and without authority of law; b) Issue a Writ of Mandamus, directing the Respondent No. 4 to consider the representation submitted by the Petitioner in accordance with law at vide ANNEXURE- G, within a reasonable time, in the interest of justice and equity; c) Issue a Writ of Mandamus directing the Respondent No. 5 to appoint a proper Administrator to manage the affairs of the Karnataka State Primary School Teachers Association and to conduct fresh elections in accordance with law and the existing Bye-laws; d) Grant such other or further reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case, in the Interest of justice and equity. " 17. As is apparent from the aforesaid prayers, the said petition is filed challenging the decision of respondent no.2 to approve the amendment to the bye-laws of the appellant society. The writ petitioners in the said petition also sought the appointment of an Administrator. - 29 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 18. The order dated 26.03.2026 does not disclose that the Court had found any prima facie case in favour of the writ petitioners in the said case. Thus, prima facie, we are unable to accept that the statement recorded in the order dated 26.03.2026 would constitute a ground for seeking a mandamus as sought by the writ petitioners in the said case. 19. In view of the serious question raised as to the maintainability of the writ petition/s, we consider it apposite to stay the impugned orders. 20. We request the learned Single Judge to decide the question of maintainability in the first instance. 21. List the writ petition before the learned Single Judge on 04.06.2026. 22. At this stage, the learned counsel for the parties state that the appeal may be disposed of in the aforesaid terms while reserving all rights and contentions of the parties. Accepting their submission, the impugned orders are set aside. All rights and contentions of the parties are reserved. - 30 - HC-KAR NC: 2026:KHC:23760-DB WA No. 1273 of 2026 23. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 2 Sl No.: 35