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High Court of Karnataka · body

2026 DAILYLAW 8511 (KAR)

SRI. VISHWANATH V M v. THE STATE CO OPERATIVE

WP/4992/2026 · 2026-03-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12502 WP No. 4992 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4992 OF 2026 (CS-EL/M) BETWEEN: 1. SRI. VISHWANATH V.M. S/O MADE GOWDA, AGED ABOUT 47 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD., VADDARAHALLI, MAALAVALLI TALUK, MANDYA - 571 430. 2. SRI. RAJU S/O KEMPEGOWDA, AGED ABOUT 46 YEARS, DIRECTOR OF VADDARAHALLI MILK BRICERS VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 3. SRI. MADEGOWDA S/O CHIKKEPUTTEGOWDA, AGED ABOUT 64 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS, MALAVALLI TALUK, MANDYA - 571 430. 4. SRI. MAHADEVASWAMY, S/O. DODDAIAH, AGED ABOUT 44 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12502 WP No. 4992 of 2026 VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 5. SRI. CHOWDAIAH S/O. MARIGOWDA, AGED ABOUT 46 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 6. SRI. M. SHIVALINGEGOWDA S/O MADEGOWDA, AGED ABOUT 58 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 7. SMT. VENKATALAKSHMAMMA W/O LATE CHOWDEGOWDA, AGED ABOUT 55 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 8. SRI. H. V. SHIVARUDRAPPA, S/O. D.H. VEEREGOWDA, AGED ABOUT 66 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 9. SRI. V. K. NANJUNDEGOWDA S/O. KEMPEGOWDA, AGED ABOUT 44 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS - 3 - HC-KAR NC: 2026:KHC:12502 WP No. 4992 of 2026 CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. 10. SMT. RAJAMMA W/O CHIKKATHIMMAIAH, AGED ABOUT 57 YEARS. DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. …PETITIONERS (BY SRI. M.R. RAJGOPAL, SENIOR COUNSEL FOR SRI. THILAKRAJ S.V, ADVOCATE) AND: 1. THE STATE CO-OPERATIVE ELECTION AUTHORITY, BY ITS COMMISSIONER, SHANTHINAGAR, BMTC COMPLEX, K.H. ROAD, BENGALURU - 560 027. 2. THE DIST. ELECTION OFFICER, DEPUTY COMMISSSIONER, MANDYA, MANDYA DIST. - 571 401. 3. THE DEPUTY REGISTERER OF CO-OP. SOCITIES, MANDYA, MANDYA DIST. - 571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB DIVISION, MANDYA - 571 401. 5. VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY - 4 - HC-KAR NC: 2026:KHC:12502 WP No. 4992 of 2026 REP. BY ITS CHIEF EXECUTIVE OFFICER VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. (SOCIETY REGISTERED UNDER KCS ACT, 1959). …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG ALOWNG WITH SRI. YOGESH D. NAIK, AGA FOR R1, R3 & R4; SRI. A. DEVARAJ, ADVOCATE FOR R2; NOTICE TO R5 IS DISPENSED WITH V/O. DT: 16.02.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.1 TO 3 TO TAKE SUCH STEPS AS PROVIDED IN LAW TO COMPLETE THE ELECTION PROCESS ENABLE TO ELECT THE NEW MEMBERS OF MANAGING COMMITTEE TO THE 5TH RESPONDENT SOCIETY BEFORE EXPIRY OF THE TERM OF OFFICE THE PRESENT MEMBERS OF MANAGING COMMITTEE IN TERMS OF COMPLETION OF PROCESS AS PER ANNEXURE-D1 DATED 03.08.2025, ANNEXURE-D2 DATED 08.09.2025, ANNEXURE-D4 DATED 08.09.2025 RESPECTIVELY BY ISSUING A WRIT OF MANDAMUS. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner has sought for writ of mandamus directing the respondents-Authorities to complete election process to enable the elected new members of the Managing Committee of the respondent No.5-Society to function before the expiry of - 5 - HC-KAR NC: 2026:KHC:12502 WP No. 4992 of 2026 the term of office of the present members of the Managing Committee, in terms of their completion of period. 2. Heard Sri. M.R. Rajgopal, learned Senior Counsel appearing for Sri. Thilakraj S.V., learned counsel for petitioners and Smt. Prathima Honnapura, learned Additional Advocate General along with Sri. Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3 and 4 and Sri. A. Devaraj, learned counsel for respondent No.2. 3. Learned Additional Advocate General has filed a copy of the order dated 02.03.2026 wherein the respondent-Government has taken a decision to appoint an Administrator to the respondent No.5-Society under Section 28(A)(5) of the Karnataka Co-operative Societies Act, 1959. 4. In that view of the matter, considering the averments made in the writ petition, I am of the view that, it is open for the petitioners herein to challenge the order - 6 - HC-KAR NC: 2026:KHC:12502 WP No. 4992 of 2026 dated 02.03.2026 for appointing the Administrator to respondent No.5-Society, if so advised. 5. Accordingly, the writ petition is disposed of. The petitioners are permitted to urge the very same grounds pleaded in the present writ petition in a proceedings that may be filed by the petitioners in due course. 6. All contentions of both the parties are kept open. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 55