Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1578 OF 2026 (CS-RES) BETWEEN:
SRI H R ASHOK S/O H.R. RAMACHANDRAPPA, AGED ABOUT 50 YEARS, AGRICULTURIST, GOPANAL VILLAGE, DAVANAGERE TALUK DIST.,- 577514, …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE)
AND:
1.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANGERE DIST.,- 577 001
2.
SRI. R.G. KUBENDRAPPA @ KUBERAPPA S/O LATE GURUBASAPPA, AGED ABOUT 73 YEARS, AGRICULTURIST,
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
R/AT RAMAGONDANAHALLI VILLAGE, DAVANAGERE TALUK 577514
3.
THE MANAGER PRATHAMIKA SAHAKARI KRUSHI AND GRAMINA ABHIRUDDI BANK, DAVANAGERE-577 002
4.
SRI. SATISH NAIK THE RETRUNING OFFICER PRATHAMIKA KRUSHI AND GRAMINA ABIRUDDI BANK, DAVANGERE AND SALES OFFICER, OFFICE OF THE ADDITIONAL REGISTRAR OF CO-OP SOCIETIES, DAVANGERE SUB-DIVISION DAVANGERE-577 004
…RESPONDENTS [BY SRI. K.R. RAMESH, ADVOCATE FOR C/R2 IN CP No27939/25 SRI. G.M. CHANDRASHEKAR, ADVOCATE FOR R2 (NOTICE NOT YET ORDERED)]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 12/12/2025, PASSED BY THE 1ST RESPONDENT IN ELECTION MIS/CASE NO. DR/DVG/DAVA/03/MADYANTARA/2025-26, PRODUCED AT
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
ANNEXURE- A IN SO FAR AS THE APPLICATION OF THE PETITIONER FOR REJECTION OF PETITION IS CONCERNED, CONSEQUENTLY REJECTING THE APPLICATION OF THE PETITIONER FILED U/O-7 RULE 11(A) AND (D) OF CPC FILED BEFORE THE RESPONDENT NO-1 BY REJECTING THE ELECTION MIS/CASE NO. DR/DVG/03/2025-26, PRODUCED AT ANNEXURE-B, AND PRAY TO PASS ANY SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEM FIT UNDER THE CIRCUMSTANCES OF THE ABOVE CASE IN THE INTEREST OF JUSTICE OF AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this petition challenging the order dated 12.12.2025 passed by respondent No.1 in Election Mis/Case No.DR/DVG/DAVA/03/MADYANTARA/2025-26 vide Annexure-A, wherein the petitioner has filed the interim application under Order VII Rule 11(a) and (d) of the CPC for rejection of the petition.
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
2.
Brief facts, leading rise to the filing of this petition are as follows:
2.1. Elections of respondent No.3-Bank was held on 08.02.2025 and the petitioner was declared as a returned candidate. After completion of 45 days from the date of result, respondent No.2 had filed an election petition in Election Mis/Case No.DR/DVG/DAVA/03/MADYANTARA/ 2025-26 before respondent No.1 challenging the election results. The petitioner filed an interim application under
Order VII Rule 11(a) and (d) of CPC for the rejection of the petition on 04.07.2025. Respondent No.2 filed an application under Order VI Rule 17 of CPC for the amendment of the election petition to insert the cause of action on 19.08.2025. Respondent No.1 passed the impugned
order dated
12.12.2025. The petitioner, aggrieved by the impugned order, filed this petition.
3. Heard the arguments of learned counsel for the petitioner, and learned counsel for respondent No.2.
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
4.
Learned counsel for the petitioner submits that, the petitioner filed an application under Order VII Rule 11(a) and (d) of the CPC for the rejection of petition and respondent No.2 filed an application under Order VI Rule 17 of CPC for the amendment of the petition to insert a cause of action. Respondent No.1, without assigning any reasons, has passed the impugned order. Hence, on this ground, he prays to set aside the impugned order, and to direct respondent No.1 to pass an appropriate order by assigning the detailed reasons.
5. Per contra, learned counsel for respondent No.2 submits that, application for rejection of petition has been filed by the petitioner only with an intention to drag on the matter. Respondent No.1 has rightly rejected the application filed by the petitioner. 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.
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
7. The undisputed facts are, the petitioner was elected as a Director; respondent No.2 challenging the results of the election declaring the petitioner as a Director, filed an election petition before respondent No.1. The petitioner filed an application under Order VII Rule 11(a) and (d) of the CPC for the rejection of petition; and respondent No.2 filed an application under Order VI Rule 17 of the CPC to insert a cause of action.
8. From the perusal of the impugned order at Annexure-A, it is evident that, respondent No.1, without assigning any reasons, has passed the impugned order on
12.12.2025. Hence, on this ground alone itself, the impugned order is liable to be quashed.
9. In view of the above discussion, I proceed to pass the following:
ORDER i. The writ petition is allowed; ii. The impugned order dated 12.12.2025 vide Annexure-A is quashed;
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HC-KAR NC: 2026:KHC:7707 WP No. 1578 of 2026
iii. Respondent No.1 is directed to pass an appropriate order on the applications filed by the petitioner and respondent No.2 by assigning the detailed reasons, in accordance with law; iv. Pending application(s) in this petition, if any, shall stand disposed of.
Sd/- (ASHOK S.KINAGI) JUDGE
SKS CT:KHV