Karnataka High Court
Sri. Santosh Kumar T C vs The State Of Karnataka on 19 January, 2026
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WP No. 39397 of 2025
C/W WP No. 38350 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 39397 OF 2025 (CS-EL/M)
C/W
WRIT PETITION NO. 38350 OF 2025 (CS-EL/M)
IN WP No. 39397/2025
BETWEEN:
SRI. SANTOSH KUMAR T C
S/O LATE CHIKKONU
AGED ABOUT 41 YEARS
PRESIDENT / DELEGATE OF
SHRI THYLURAMADEVI POULTRY FARMERS
CO-OP SOCIETY LTD.,
Digitally signed THYULURU, ATHAGUURU HOBLI,
by KIRAN MADDUR TALUK,
KUMAR R
MANDYA - 571401
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA
(BY SRI. D.R. RAVISHANKAR, ADVOCATE FOR
SRI. SARAVANA S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560001.
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2. THE STATE CO-OP ELECTION AUTHORITY
3RD FLOOR, TTMC A BLOCK,
SHANTHINAGAR
BENGALURU - 560027
REPT BY ITS SECRETARY
3. THE DISTRICT ELECTION OFFICER
CUM DEPUTY COMMISSIONER
BENGALURU DISTRICT
KANDAYA BHAVANA,
BENGALURU - 560001.
4. THE RETURNING OFFICER
KARNATAKA CO-OPERATIVE POULTRY FEDERATION
LTD.,
BEHIND PASHUPALANA BHAVANA,
HEBBAL,
BENGALURU - 560024.
5. KARNATAKA CO-OP POULTRY FEDERATION LTD.,
BEHIND PASHUPALANA BHAVANA,A
HEBBAL,
BENGALURU - 560024
REPT. BY ITS MANAGING DIRECTOR
REGD. UNDER CO-OP SOCIETIES ACT 1959
6. SHRI ANJANEYA POULTRY FARMING CO-OP SOCIETY
KANCHAMARANAHALLI,
HASSAN TALUK,
HASSAN DISTRICT - 573201
REPT. BY ITS CEO
7. SHRI AANJANEYASWAMY POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY
MADAGERE, ALURU TALUK,
HASSAN DISTRICT - 573201
REPT BY ITS CEO
8. SHRI TIRUPATHI POULTRY FARMING AND
MARKETING CO-OPERATIVE SOCIETY
BETTADAHALLI ALURU TALUK
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HASSAN DISTRICT - 573201
REPRESENTED BY ITS CEO
9. SHRI HARIHARESHWARA POULTRY FARMING
CO-OPERATIVE SOCIETY
HASSAN DISTRICT - 573201
REPT. BY ITS CEO
10. SHRI AANJANEYA POULTRY FARMING AND
MARKETING CO-OP SOCIETY
BEEKANAHALLI,
HASSAN DISTRICT - 573201
REPT BY ITS CEO
11. SHRI DEVIRAMMA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
KINDIPURA
HASSAN DISTRICT - 573201
REPT BY ITS CEO
12. SHRI VENKATARAMANASWAMY POULTRY FARMING
CO OPERATIVE SOCIETY,
DYAVANAPPAN KOPPALU,
HASSAN TALUK, HASSAN- 573 201.
REPT. BY ITS CEO.
13. SHRI KALIKAMBADEVI POULTRY FARMING CO
OPERATIVE SOCIETY,
HARUVANAHALLI, HASSAN TALUK,
HASSAN DISTRICT - 573 201.
REPRESENTED BY ITS CEO.
14. SHRI VENKATESHWARA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
UDDURAHALLI,
HASSAN TALUK, HASSAN DISTRICT 573 201.
REPRESENTED BY ITS CEO
15. SHRI DODDAMMA-CHIKKAMMA POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY,
TAMLAPURA, HASSAN TALUK,
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HASSAN DISTRICT 573 201.
REPT. BY ITS CEO
16. SHRI AANJANEYA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
DODDAKONDAGULA,
HASSAN TALUK-573201.
REPT. BY ITS CEO
17. YAGACHI POULTRY FARMING CO OPERATIVE
SOCIETY,
HALUVVAGILU, HASSAN TALUK-573201.
REPRESENTED BY ITS CEO
18. SHRI DYAVAMMA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
B. KATIHALLI KOPPALU,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
19. SHRI KARIBEERESHWARA POULTRY FARMING
AND MARKETING CO-OPERATIVE SOCIETY
MAHADEVARAHALLI,
HASSAN TALUK-573201.
REPRESENTED BY ITS CEO.
20. SHRI AANJANEYASWAMY POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY
CHIKKAHONNENAHALLI,
HASSAN TALUK-573201.
REPRESENTED BY ITS CEO.
21. SHRI AAJANEYASWAMY POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
ALADAHALLI KOPPALU,
HASSAN TALUK-573201.
REPRESENTED BY ITS CEO.
22. SHRI AANJANEYASWAMY POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
KUPPALLI,
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HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
23. SHRI JAI MARUTHI POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
KALATAMMANAHALLI,
HASSAN TALUK-573201.
REPRESENTED BY ITS CEO.,
24. SHRI BASAWESHWARA SWAMY POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY
MAVINAHALLI,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
25. SHRI PURADAMMAKOLI POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
MUTTATTI, HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
26. SHRI MALALIYAMMA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
HALEKOPPALU, HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
27. SHRI CHIKKIRANGANATHASWAMY POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
MUTTATTI, HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO.
28. SHRI LAKSHMIVENKATESHWARASWAMY POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
MARAGONDANAHALLI,
HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO.
29. SHRI ANJANEYA POULTRY FARMING
CO-OPERATIVE SOCIETY
TAVARADEVARAKOPPALU,
HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO.
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30. SHRI RANGANATHASWAMY POULTRY FARMING CO
OPERATIVE SOCIETY,
JAKKENAHALLI,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO
31. SHRI ANJANEYASWAMY POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
H. HARALALLI, HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO
32. SHRI DYAVAMMA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
DASARAKOPPALLU,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO
33. SHRI LAKSHMIDEVI POULTRY FARMING CO
OPERATIVE SOCIETY,
GYARAHALLI,
HASSAN TALUK-573 201.
REPRESENTED BY ITS CEO
34. SHRI KANNAMBADIAMMA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
CHIKKAKONDAGULA KOPPALU,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
35. SHRI MAARIKAMBA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
HERAGU, HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO.
36. SHRI KARYASIDDI ANJANEYASWAMY POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
DEVARAYAPATTANA,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
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37. SHRI CHANNAKESHAVASWAMI POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY
GUDUGUNAHALLI,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO
38. SHRI VENKATESHWARASWAMY POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY
AGALAHALLI,
HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO.
39. SHRI KAMBALAMMA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
NAYAKARAHALLI,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO
40. SHRI BEERALINGESHWARA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
SUNDENAHALLI,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
41. SHRI JAI MARUTHI POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
UDDURU,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
42. SHRI ANJANEYA POULTRY FARMING AND MARKETING
CO OPERATIVE SOCIETY
CHATTANHALLI,
HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
43. SHRI VEERANJANEYA POULTRY FARMING AND
MARKETING CO OPERATIVE SOCIETY
TEJURU, HASSAN TALUK 573 201.
REPRESENTED BY ITS CEO
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44. SHRI HOYSALA POULTRY FARMING AND MARKETING
CO OPERATIVE SOCIETY
ADAGURU, BELURU TALUK - 573 201.
REPRESENTED BY ITS CEO
45. SHRI MARUTHI POULTRY FARMING AND MARKETING
CO OPERATIVE SOCIETY
ATTIHALLI, HASSAN TALUK - 573 201.
REPRESENTED BY ITS CEO.
46. SHRI LAKSHMIDEVI POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
KODIGARAHALLI, ALURU TALUK - 573 201.
REPRESENTED BY ITS CEO
47. SHRI LAKSHMIDEVI POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
DODDAKANAGALU, ALURU TALUK - 573 201.
REPRESENTED BY ITS CEO
48. SHRI ANJANEYASWAMY
POULTRY FARMING AND MARKETING CO OPERATIVE
SOCIETY
GANJIGERE, ALURU TALUK- 573 201.
REPRESENTED BY ITS CEO.
49. SHRI MARAMMASWAMI POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
HALUVALLI, ALURU TALUK 573 201.
REPRESENTED BY ITS CEO.
50. SHRI SANJEEVARAYASWAMY
POULTRY FARMING AND MARKETING CO OPERATIVE
SOCIETY
YAREHALLI, ALURU TALUK 573 201.
REPRESENTED BY ITS CEO.
51. SHRI BASAVESHWARASWAMI POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
KAARJUVALLI, ALURU TALUK - 573 201.
REPRESENTED BY ITS CEO.
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52. SHRI VEERABHADRESHWARASWAMI POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
NAKALAGUDU, ALURU TALUK 573 201.
REPRESENTED BY ITS CEO.
53. SHRI RANGANATHASWAMI POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
BYRAPURA, ALURU TALUK - 573 201.
REPRESENTED BY ITS CEO
54. SHRI PUSHPAGIRI POULTRY FARMING
AND MARKETING CO OPERATIVE SOCIETY
SANKIHALLI, ARASIKERE TALUK - 573 201.
REPRESENTED BY ITS CEO
55. KANAKANAGARA NATIVE POULTRY
FARMING AND MARKETING CO OPERATIVE SOCIETY
KANAKANAGARA,
NANJANAGUDU TALUK,
MYSORE DISTRICT-570023
REPT. BY ITS CEO.
56. IMMAVU NATIVE POULTRY
AND MARKETING CO OPERATIVE SOCIETY,
IMMAVU, NANJANAGUDU TALUK,
MYSORE-571302.
REPT. BY ITS CEO
57. DEVANURU NATIVE POULTRY FARMING AND
MARKETING CO-OPERATIVE SOCIETY
DEVANURU, NANAJNAGUDU TALUK
MYSORE -571119
REPT. BY PRESIDENT
58. MOODABASAWESHWARA
NATIVE POULTRY FARMING AND MARKETING CO-
OPERATIVE SOCIETY,
DODDAHUNDI, JAYAPURA HOBLI,
MYSORE TALUK, MYSORE-570008.
REPT. BY ITS PRESIDENT
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59. MARALURU NATIVE POULTRY
FARMING AND MARKETING CO-OPERATIVE SOCIETY,
MARALURU, NANJANAGUDU TALUK,
MYSORE-570008,
REPT. BY ITS PRESIDENT
60. SHRI MANJUNATHA NATIVE POULTRY
FARMING AND MARKETING CO-OPERATIVE SOCIETY,
MARADIHUNDI,
NANJANAGUDU TALUK,
MYSORE-571301,
REPT. BY ITS PRESIDENT
61. GONALLI MARAMMA NATIVE POULTRY
FARMING AND MARKETING CO-OPERATIVE SOCIETY,
KABBALAGEREHUNDI,
NANJANAGUDU TALUK,
MYSORE-571302,
REPT. BY ITS PRESIDENT
62. TANDAVESHWARA NATIVE POULTRY
FARMING CO-OPERATIVE SOCIETY,
MALLANAYAKANAHALLI,
DUDDA HOBLI, MANDYA TALUK,
MANDYA-571401,
REPT. BY ITS PRESIDENT
63. TANDAVAPURA NATIVE POULTRY
FARMING AND MARKETING CO-OPERATIVE SOCIETY,
TANDAVAPURA,
NANJANAGUDU TALUK,
MYSORE-571302,
REPT. BY ITS PRESIDENT
64. HAROHALLI NATIVE POULTRY FARMING AND
MARKETING CO-OPERATIVE SOCIETY,
HAROHALLI, MYSORE TALUK,
MYSORE-570028
REPT. BY ITS PRESIDENT
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65. SHRI BASAWESHWARA NATIVE POULTRY FARMING
AND MARKETING CO-OPERATIVE SOCIETY,
BASAVANAPURA,
NJANAGUDU TALUK,
MYSORE-571301.
REPT. BY ITS PRESIDENT
66. HALLIDIDDI NATIVE POULTRY FARMING AND
MARKETING CO-OPERATIVE SOCIETY,
HALLIDIDDI, NANJANAGUDU TALUK,
MYSORE-570301.
REPT. BY ITS PRESIDENT
67. NAMMA MYSURU NATIVE POULTRY PRODUCERS
CO-OPERATIVE SOCIETY, DODDAKONDAGULA,
MYSURU-571301
REPT. BY ITS CHIEF PROMOTER
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPUR, AAG ALONG WITH
SRI. YOGESH D NAIK, AGA FOR R1 & R3
SRI. M.R. RAJGOPAL, SR. COUNSEL FOR
SRI. P. ANAND, ADVOCATE FOR R55 TO R67
SRI. JAYAKUMAR S PATIL, SR. COUNSEL FOR
SRI. SUMANTH KUMAR, ADVOCATE FOR R6 TO R30
SRI. JAIKUMAR S PATIL, SR. COUNSEL FOR
MONIKA PATIL, ADVOCATE FOR R31 TO R54
SRI. SHIVAPRASAD SHANTHANAGOUDAR, ADVOCATE FOR
IMPLEADING IA 9/2026
SRI. R ANIL KUMAR, ADVOCATE FOR IMPLEADING
APPLICANT ON IA 10/2026)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARING THAT RESPONDENT NOS.6 TO 67 SOCIETIES ARE
DISQUALIFIED FROM VOTING UNDER SECTION 20(2)(A-III) OF
THE KARNATAKA CO-OP SOCIETIES ACT, 1959 TO THE
ELECTIONS OF THE 5TH RESPONDENT SOCIETY SCHEDULED
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ON 06.01.2026, VIDE NO. CHUNAAVANE VIVA/10/2025, DATED
13.11.2025 AS PER ANNEXURE-A AND ETC.
IN WP NO. 38350/2025
BETWEEN:
SC/ST POULTRY FARMERS CO-OP SOCIETY LTD.,
GALLIGERE VILLAGE,
K.R. NAGAR TALUK,
MYSURU DISTRICT - 571 601,
REPRESENTED BY ITS PRESIDENT/DELEGATE
SRI. GANGADHARA G.B.,
S/O. G.BYRAPPA,
AGED ABOUT 31 YEARS.
REGD. UNDER CO-OP SOCIETIES ACT 1959
...PETITIONER
(BY SRI. D.R. RAVISHANKAR, ADVOCATE FOR
SRI. SARAVANA S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU 560 001.
2. THE STATE CO-OP ELECTION AUTHORITY,
3RD FLOOR, TTMC 'A' BLOCK,
SHANTHINAGAR, BENGALURU 560 027,
REPRESENTED BY ITS SECRETARY.
3. THE DISTRICT ELECTION OFFICER,
CUM DEPUTY COMMISSIONER
BENGALURU DISTRICT,
KANDAYA BHAVANA,
BENGALURU 560 001.
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4. THE RETURNING OFFICER,
KARNATAKA CO-OPERATIVE POULTRY FEDERATION
LTD., BEHIND PASHUPALANA BHAVANA,
HEBBAL,
BENGALURU 560 024.
5. KARNATAKA CO-OP POULTRY FEDERATION LTD.,
BEHIND PASHUPALANA BHAVANA,
HEBBAL, BENGALURU 560 024,
REPT. BY ITS MANAGING DIRECTOR.
REGD. UNDER CO-OP SOCIETIES ACT 1959
6. SRIRAM POULTRY FARMING FARMERS CO OPERATIVE
SOCIETY LTD.,
UPPINAKERE, KASABA HOBLI,
MADDUR TALUK, MANDYA-571428,
REPT. BY ITS CHAIRMAN,
SRI. RAHUL K.
REGD. UNDER CO-OP SOCIETIES ACT 1959
7. SRI MARUTHI POULTRY FARMING FARMERS CO-
OPERATIVE SOCIETY LTD.,
BIDARAHALLI,
C.A. LAKE HOBLI,
MADDUR TALUK.
MANDYA 571 422,
REPT. BY ITS CHIEF SECRETARY,
SRI. KRISHNAPPA.D
REGD. UNDER CO-OP SOCIETIES ACT 1959
8. SRI. VENKATESHWARA POULTRY FARMING FARMERS
CO-OPERATIVE SOCIETY LTD.,
MARALIGE, KOPPA HOBLI, MADDUR TALUK,
MANDYA 571 419, REPT. BY ITS CHIEF SECRETARY,
SRI. VENKATESH
M.B REGD.
UNDER CO-OP SOCIETIES ACT 1959
9. NAMBINAYAKAHALLI GRAMEENA POULTRY FARMING
CO-OPERATIVE SOCIETY LTD.,
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KOPPA HOBLI,
MADDUR TALUK,
MANDYA-571 425,
REPT. BY ITS CHAIRMAN,
SRI. BETTASWAMY
REGD. UNDER CO-OP SOCIETIES ACT 1959
10. THANDASANAHALLI GRAMEENA POULTRY FARMING
CO-OPERATIVE SOCIETY LTD.,
THANDASANAHALLI,
KASABA HOBLI,
MANDYA-571 401,
REPT. BY ITS CHAIRMAN,
SRI. B SOMASHEKARA.
REGD. UNDER CO-OP SOCIETIES ACT 1959.
11. CHANDAGALU GRAMEENA POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
CHANDAGALU, DUDDA HOBLI,
MANDYA-571 405,
REPRESENTED BY ITS CHAIRMAN,
SRI. JOGIGOWDA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
12. SRI HARALAHALLI GRAMEENA POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
HARALAHALLI, KOPPA HOBLI,
MANDYA-571 426,
REPRESENTED BY ITS CHAIRMAN,
SRI. DEEPA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
13. HOBALEGOUDANDODDI GRAMEENA POULTRY
FARMING CO-OPERATIVE SOCIETY LTD.,
HOBALEGOUDANADODDI,
KOPPA HOBLI, MADDUR,
MANDYA-571 425,
REPT. BY ITS CHIEF SECRETARY,
SRI. SUJATHA M.S
REGD. UNDER CO-OP SOCIETIES ACT 1959
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14. SRI BASAVESHWARA POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
DEVEGOUDANADODDI,
C.A. KERE HOBLI,
MADDUR,
MANDYA-571 422,
REPD. BY ITS CHAIRMAN,
SRI. GIRISH B
REGD. UNDER CO-OP SOCIETIES ACT 1959
15. SRI. KAALABHAIRESHWARA POULTY FARMING CO-OP
SOCIETY LTD.,
SOMANAHALLI, MADDURU TALUK,
MANDYA 571 429,
REPRESENTED BY ITS CHIEF SECRETARY,
SRI. GOPALA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
16. SRI BETTATIMAPPA GRAMEENA POULTRY FARMING
CO-OPERATIVE SOCIETY LTD.,
YADAGANAHALLI C.A. KERE HOBLI,
MADDUR TALUK, MANDYA
REPRESENTED BY ITS CHAIRMAN,
SRI. Y S KENCHEGOWDA
REGD. UNDER CO-OP SOCIETIES ACT 1959
17. SRI BEVINATAALA LINGESHWARA POULTRY FARMING
CO-OPERATIVE SOCIETY LTD.,
SUNNADADODDI.
C.A. KERE HOBLI,
MADDUR TALUK, MANDYA 571 422,
REPRESENTED BY ITS CHAIRMAN,
SRI JAILINGEGOWDA S
REGD. UNDER CO-OP SOCIETIES ACT 1959
18. SRI AADISHAKTHI GRAMEENA POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
BESAGARAHALLI CROSS,
MADDUR TALUK,
MANDYA 571 419,
REPT. BY ITS CHAIRMAN,
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A.T.SATHISH
REGD. UNDER CO-OP SOCIETIES ACT 1959
19. SRI CHAMUNDESHWARI POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.
KEREMEGALDODDI,
KOPPA HOBLI, MADDUR TALUK,
MANDYA-571 419, REPRESENTED BY ITS CHAIRMAN,
SRI.K.C.CHANDRA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
20. SRI MARAMMA COUNTRY CHICKEN FARMING CO-
OPERATIVE SOCIETY LTD.
EEREGOUDANADODDI, KOPPA HOBLI,
MADDUR TALUK. MANDYA 571 425.
REPRESENTED BY ITS CHAIRMAN,
SRI. KUMARA S.
REGD. UNDER CO-OP SOCIETIES ACT 1959
21. ALABHUJANAHALLI GRAMEENA POULTRY FARMING
CO-OPERATIVE SOCIETY LTD.,
ALABHUJANAHALLI, C.A. HOBLI,
MADDUR TALUK, MANDYA-571 422,
REPRESENTED BY ITS CHAIRMAN,
SRI. RAMESHA K.
REGD. UNDER CO-OP SOCIETIES ACT 1959
22. MENASAGERE RURAL POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
MENASAGERE, C.A. HOBLI, MADDUR TALUK,
MANDYA-571422,
REPRESENTED BY ITS CHAIRMAN,
SRI. M D RAMESH.
REGD. UNDER CO-OP SOCIETIES ACT 1959
23. BIDARAHOSAHALLI POULTRY FARMING
CO-OPERATIVE SOCIETY LTD.,
C.A. KERE HOBLI,
MADDUR TALUK,
MANDYA 571 422,
REPRESENTED BY ITS CHAIRMAN,
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SRI. B R GIRISHA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
24. GURUDEVARAHALLI POULTRY FARMING
FARMER'S AND VENDOR'S CO-OPERATIVE SOCIETY
LTD.,
C.A. KERE HOBLI, MADDUR TALUK,
MANDYA-571 422,
REPRESENTED BY ITS CHAIRMAN,
SRI. G S ABHISHEKGOWDA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
25. LAKSHMEGOWDANADODDI POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
C.A. KERE HOBLI, MADDUR TALUK,
MANDYA 571 422,
REPRESENTED BY ITS CHAIRMAN,
SRI. PRASANNA KUMAR L.C
REGD. UNDER CO-OP SOCIETIES ACT 1959
26. KAARKAHALLI POULTRY FARMING CO-OPERATIVE
SOCIETY LTD.,
C.A. KERE HOBLI, MADDUR TALUK,
MANDYA-571 422,
REPRESENTED BY ITS CHAIRMAN,
SRI. B. SWARUP CHANDRA
REGD. UNDER CO-OP SOCIETIES ACT 1959
27. SIDDAYAKOPPALU GRAMENA POULTRY FARMING CO-
OPERATIVE SOCIETY LTD.,
SIDDAYYANAKOPPALU,
MANDYA TALUK. MANDYA 571 438,
REPRESENTED BY ITS CHAIRMAN,
SRI. RAVINDRA S.
REGD. UNDER CO-OP SOCIETIES ACT 1959
28. MARAKADUDODDI POULTRY FARMING
FARMERS AND VENDORS CO-OPERATIVE SOCIETY
LTD., UMMADAHALLI GATE,
MYSORE-BENGALURU ROAD,
MANDYA-571 404,
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REPRESENTED BY ITS CHAIRMAN,
SRI. ATHMANANDA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
29. ANNURU GRAMEENA POULTRY FARMING FARMERS CO-
OPERATIVE SOCIETY LTD.,
ANNURU, C.A. KERE HOBLI, MADDURU TALUK,
MANDYA-571 422,
REPRESENTED BY ITS CHAIRMAN,
SRI. R SIDDAPPA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
30. SRI BASAVESHWARA POULTRY FARMING FARMER'S
CO-OPERATIVE SOCIETY LTD.,
SHANKARAPURA, KOPPA HOBLI,
MADDURU TALUK, MANDYA 571 419,
REPRESENTED BY ITS CHAIRMAN,
SRI. KRISHNAIAHA K.
REGD. UNDER CO-OP SOCIETIES ACT 1959
31. BELATHURU GRAMEENA POULTRY FARMING FARMER'S
CO-OPERATIVE SOCIETY LTD.
BELATHURU, KOPPA HOBLI,
MADDURU TALUK, MANDYA-571419,
REPRESENTED BY ITS CHAIRMAN,
SRI. CHANDRAHASA.
REGD. UNDER CO-OP SOCIETIES ACT 1959
32. BASRALU HOBLI POULTRY FARMER'S AND VENDOR'S
CO-OPERATIVE SOCIETY LTD.,
MACHAGOUDANAHALLI,
BASARAALU HOBLI,
MANDYA 571 416,
REPRESENTED BY ITS CHAIRMAN,
SRI. YOGESHA M.C
REGD. UNDER CO-OP SOCIETIES ACT 1959
33. KEMPEGOWDANADODDI POULTRY FARMING FARMER'S
CO-OPERATIVE SOCIETY LTD.,
C.A. KERE HOBLI, MADDURU TALUK,
MANDYA 571 422,
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REPT. BY ITS CHAIRMAN,
REGD. UNDER CO-OP SOCIETIES ACT 1959
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPUR, AAG ALONG WITH
SRI. YOGESH D. NAIK, AGA FOR R1, R3 & R4
SRI. A DEVARAJA, ADVOATE FOR R2
SRI. LIKITH R, ADVOCATE FOR R5
SRI. VIKRAM HULIGOL, SR. COUNSEL FOR
SRI. SHIVAPRASAD SHANTHANAGOUDAR, ADVOCATE
FOR R6 TO R33)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
A) ISSUE A WRIT OF APPROPRIATE NATURE DECLARING
THAT RESPONDENT-NOS.6 TO 33 SOCIETIES ARE
DISQUALIFIED FROM VOTING UNDER SECTION 20(2)(A-III)
OF THE KARNATAKA CO-OP SOCIETIES ACT, 1959 TO THE
ELECTIONS OF THE 5TH RESPONDENT SOCIETY SCHEDULED
ON 06.01.2026, VIDE NO.CHUNAAVANE.VIVA/10/2025-26.
DATED. 13.11.2025 AS PER ANNEXURE-B. B) ISSUE A
WRIT OF MANDAMUS DIRECTING RESPONDENT NOS. 1 TO
4 NOT TO INCLUDE RESPONDENT NOS.6 TO 33 THAT HAVE
NOT COMPLETED TWELVE MONTHS' MEMBERSHIP AS ON
06.01.2026 IN THE ELIGIBLE FINAL VOTERS LIST VIDE
NO.CHUNAAVANE.VIVA/10/2025-26, DATED. 13.11.2025,
PRODUCED AS ANNEXURE-C AND NOT TO PERMIT THEM TO
PARTICIPATE IN THE ELECTION OF RESPONDENT NO.5 TO
BE CONDUCTED ON 06.01.2026 AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioners have filed these writ petitions seeking following reliefs:
WP No.39397/2025:
"a) Issue a writ of appropriate nature Declaring that Respondent Nos.6 to 67 Societies are disqualified from voting under Section 20(2)(a-iii) of the Karnataka Co-Op Societies Act, 1959 to the Elections of the 5th respondent society scheduled on 06.01.2026, Vide No.CHUNAAVANE. VIVA / 10 / 2025, dated. 13.11.2025 as per Annexure-A.
b) Issue a writ of certiorari quashing the voter list so far it include Respondent Nos.6 to 67 at Sl.Nos.91 to 153 in Modified Voter list Vide No. CHUNAAVANE / VIVA / 10 / 2025-26, dated 20.12.2025 as per Annexure-M, that have not completed twelve months' membership as on 06.01.2026 and
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR excluded in the eligible final voters' list Vide No. CHUNAAVANE / VIVA / 10 / 2025, dated. 13.11.2025, produced as Annexure-C and not to permit them to participate in the election of Respondent No.5 to be conducted on 06.01.2026;
c) Issue a writ of appropriate nature
Declaring that Govt order
dated.29.05.2025 No. CO/142
CLS/2025, Bengaluru, as per
Annexure-F is not applicable to respondent nos.6 to 67 societies in view of Clarification Vide No.SACHUPRAA/ BEM. PRAA / APEX / AAMANCHU / 39 / 2024-25, dated.26.06.2025, issued by Respondent nos.2, as per Annexure-G; and
d) Grant any other appropriate reliefs having regard to the facts and circumstance of case warrants in ends of justice"
WP No.38350/2025:
"a) Issue a writ of appropriate nature Declaring that Respondent-nos.6 to
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR 33 Societies are disqualified from voting under Section 20(2)(a-iii) of the Karnataka Co-Op Societies Act, 1959 to the Elections of the 5th respondent society scheduled on 06.01.2026 Vide No.CHUNAAVANE. VIVA / 10 / 2025 / 26 dated 13.11.2025 as per Annexure-B.
b) Issue a writ of mandamus directing Respondent Nos. 1 to 4 not to include Respondent Nos.6 to 33 that have not completed twelve months' membership as on 06.01.2026 in the eligible final voters' list Vide No.CHUNAAVANE. VIVA / 10 / 2025 / 26, dated.
13.11.2025, produced as Annexure-C and not to permit them to participate in the election of Respondent No.5 to be conducted on 06.01.2026;
c) Issue a writ of appropriate nature Declaring that Govt order dated.29.05.2025 No. CO/142 CLS/2025, Bengaluru, as per Annexure-F is not applicable to respondent nos.6 to 33 societies in
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view of Clarification Vide
No.SACHUPRAA/ BEM.PRAA/ APEX / AAMANCHU / 39 / 2024-25, dated.26.06.2025, issued by Respondent no.2, as per Annexure- H; and
d) Grant any other appropriate reliefs having regard to the facts and circumstance of case warrants in ends of justice"
2. Brief facts leading rise to the filing of these writ petitions are as follows:
3. Election to the Board of Directors of Respondent No.5
- Federal Society was scheduled to be held on 06.01.2026. The petitioner, through its delegates, is contesting to the post of Directorship. Respondent societies are newly registered societies hardly having completed 12 months.
4. On 29.05.2025, the Government issued an Order purporting to grant exemption under Section 20(2)(a-iii) read with Section 121 of the Karnataka
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Co-operative Societies Act, 1959 ('Act of 1959' for short) to newly registered Primary Agricultural Credit Societies (PACS), which obtained membership before 30.04.2025.
5. On 26.06.2025, respondent No.2 - the State Co-
operative Election Authority issued specific clarification addressed to the President of respondent No.5 - Karnataka Co-operative Poultry Federation Ltd., stating that, Government Order dated 29.05.2025 granting exemption under Section 121 in respect of Section 20(2)(a-iii), is confined to the elections of certain Federal/District Co-operative Institutions enumerated therein and does not extend to the elections of the Apex Co-operative Societies, such as respondent No.5 - Federation.
6. On 08.12.2025, respondent Nos.6 to 33 in WP No.38350/2025 filed a writ petition in WP No.36123/2025 seeking a direction to respondent
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR No.3 therein (Federal Society) to consider the representations dated 06.11.2025 in the light of the Government Order dated 29.05.2025 within a time bound manner and no positive right to vest vote concerned, nor was Section 20(2)(a-iii) diluted.
7. Despite the above clarification, respondent No.5 -
Federation has begun issuing delegation / representative forms to respondents - Societies and is proposing to include them in the list of eligible voters for the election schedule to be held on 06.01.2026 purportedly on the premise of the Government Order dated 29.05.2025 and the order passed in WP No.36123/2025, 38066/2025 and 38042/2025.
8. The petitioners submitted a representation dated 16.12.2025 to the District Election Officers and the Federation, pointing out that the Government Order dated 29.05.2025 is not applicable to the present
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Apex/Federal Society elections and requesting that delegate forms submitted by such new societies should not be recognised for voting. Respondent No.5 included the names of respondent societies in the voters' list and permitted them to participate, which is a collective act of the respondents in hands with the statutory authority acting under the political influence. Hence, these writ petitions.
9. Respondent Nos.6 to 30 in WP No.39397/2025 filed a statement of objections contending that, the writ petition deserves to be dismissed for want of locus standi. The petitioner does not have a locus standi to file the present petition seeking for relief, which has been sought in the captioned petition. It is contended that, the petitioner misrepresented the fact and filed the present writ petition.
10. Respondent Nos.6 to 67 filed a writ petition in WP No.38066/2025 and WP No.38042/2025 seeking a
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR mandamus directing the respondents to consider the representations dated 07.12.2025 and 09.12.2025, in the light of the Government Order dated 29.05.2025. The petitioners herein challenged the said orders passed in the aforesaid petitions in the captioned petition instead of challenging the same in a writ appeal. Hence, the writ petition deserves to be dismissed as not maintainable.
11. It is contended that, the petitioners are registered as a primary Co-operative Societies under the provisions of Act of 1959. Respondent No.5 - Federation has jurisdiction all over the State and falls under the definition of Section 2(a) of the Act of 1959 and covered under Section 2(e4) of the Act of 1959. It is contended that, the respondents - Societies have applied for membership of the respondent No.5 - Federation by paying the requisite fee along with the applications and the challan for having paid the requisite fee. Respondent No.5 -
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Federation is substantially governed, managed and subscribed by the Government of Karnataka. It is a machinery of the State. Respondent No.5 did not communicate about the acceptance or rejection of applications of respondent societies. Hence, by virtue of Section 16 of the Act, respondent Societies are deemed to be the members of respondent No.5 - Federation.
12. On 29.05.2025, the respondent issued a notification relaxing Section 20(2)(a-iii) of the Act and permitting the Primary Co-operative Societies such as petitioners, which are registered before 30.04.2025, of all the Federal Societies to vote and participate in the upcoming elections to ensure each and every Primary Co-operative Societies' participation in democratic process. The term of managing committee was coming to an end in the month of January 2026. Hence, delegation forms were being
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR issued by respondent No.5 - Federation to the Member Primary Co-operative Societies.
13. Respondent socities are the members of respondent No.5 - Federation. Respondent No.5 - Federation did not issue delegation forms. Hence, respondent Nos.6 to 30 submitted representations to respondent No.5 on 07.12.2025. Respondent No.5 did not respond to the representations submitted by respondent Nos.6 to 30.
14. Respondent Nos.6 to 30 approached this Court in WP No. 38066/2025 and 38042/2025. This Court allowed the writ petition and directed respondent No.5 to consider the representation positively in terms of the Government Order dated 29.05.2025.
15. On 28.12.2025, calendar of events was published and elections were scheduled to be held on 06.01.2026. The Petitioners in WP No.38902/2025 sought the same relief in the captioned petition. The
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR said matter came up for hearing on 26.12.2025 before the Vacation Bench and this Court refused to pass any orders and adjourned the matter to 05.01.2026. Even notice was not ordered in the said matter. The very same counsel has come up with this captioned writ petition, changing only the petitioner and the captioned wit petition which is verbatim same to WP No.39386/2025 i.e., after the interim order is refused in WP No.39386/2025 and got it posted before another Bench during vacation, misrepresented the facts, played fraud on this Court and secured an interim order suppressing the fact of earlier writ petition. It is contended that, declaration for Mysuru Division, the candidates at serial number 1, 3, 5 and 8, their votes are not counted at all. The candidate at Sl.No.1 is the representative of the petitioner - Society.
16. It is contended that, Government Order dated 29.05.2025 issued by respondent No.1 in exercise of
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Section 121 of the Act of 1959 extends to present respondent No.5 - Federation as well and the clarification issued by respondent No.2 is not in its jurisdiction. Respondent No.2 cannot issue a clarification to the Government Order issued by respondent No.1, it is only respondent No.1 which can issue clarification, de facto before conduct of election. Respondent No.2 is estopped from saying that, the Government Order does not extend to respondent No.5 - Federation after the conduct of election. Respondent No.2 has created a confusion and without having the jurisdiction and power, has issued such clarification and dereliction from its duties. Hence, on these grounds, pray to dismiss the writ petition against respondent Nos.6 to 30.
17. Respondent Nos.31 to 54 have filed a statement of objections reiterating the statement of objections filed by respondent Nos.6 to 30.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
18. Heard the arguments of Sri. D.R.Ravishankar, learned Senior Counsel for the petitioners; Sri. Jayakumar S.Patil, learned Senior Counsel and Sri. M.R.Rajagopal, learned Senior Counsel and Sri. Vikram Huilgol, learned Senior Counsel for the respondents.
19. Sri. D.R.Ravishankar, learned Senior Counsel for the petitioners submits that, draft eligible voters' list was issued indicating only 14 members as on the date of issuing notification dated 13.11.2025 and the same has been sent. The voters' list was finalised on 16.12.2025 and calendar of events was published on 20.12.2025. He submits that, under Section 39A of the Act of 1959, every general election of the members of the committee other than members of the first committee of the co-operative society shall be held subject to superintendent, direction and control of the Registrar. He submits that, under Section 39(1), the Co-operative Election Authority
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR has issued clarification to the respondent No.5 that Government Order dated 29.05.2025 exempted the provision of Section 20(2)(a-iii) of the Act of 1959 and allowed newly registered primary cooperative societies to participate in the elections of governing body of Federal Co-operative Societies upto the end of 30.04.2025. The said Government Order is not applicable to the election of the Apex Co-operative Societies. Pursuant to the order dated 26.06.2025 issued by the Co-operative Election Authority, the respondents are not entitled to participate in the election of the governing body of Co-operative Societies and they are not entitled to cast their votes.
20. To buttress his argument, he has placed reliance on the judgment of the Hon'ble Apex Court in the case of Channappa Yadwad Vs The Secretary to Govt. of Karnataka and others reported in 1992 SCC OnLine Kar 163. He further submits that, the
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR respondents - Societies are not eligible to cast their votes in the election scheduled to be held on 06.01.2026, as they are ineligible as per Section 20(2)(a-iii) of the Act of 1959. Hence, on these grounds, he prays to allow the writ petitions.
21. Per contra, Sri. Jayakumar S.Patil learned Senior Counsel submits that, the names of the primary co- operative societies have been included on the basis of the Government Order vide Annexure-F in the voters' list as per Rule 13 of the Karnataka Co- operative Societies Registration Act and the election authority has no authority to pass orders as per Annexure-G. The said power is vested with the Government under Section 121 of the Act of 1959. He submits that, Apex Society is defined under Section 2(a) of the Act, which enumerates that Apex Society means a federal society whose area of operation extends to the whole of the State; and Federal Society is defined in Section 2(e4) wherein, it
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR means a co-operative society, the membership of which is not open to the individuals. He submits that, as per the definition of Apex Society, the Federal Societies who are coming within the jurisdiction of the State and operating within the State will fall within the definition of a Federal Society.
22. He submits that, as per Annexure-F, the membership is confined to the regional membership and membership is at the district level. He submits that, the respondents - Societies are not excluded. He submits that, the representation submitted by the societies was accepted and subsequently, names of the respondents - Societies were included in the voters' list. There was no necessity for respondent No.5 to seek a clarification from respondent No.2 whether the Government Order vide Annexure-F is applicable to the election of the Apex Co-operative Society. He submits that, the Co-operative Election Authority has no authority to issue such clarification.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Admittedly, Annexure-F was issued under Section 121 of the Act of 1959 by the State and Annexure-G was issued by the Co-operative Election Authority. The Co-operative Election Authority has no jurisdiction to issue such clarification and there is no such provision mentioned in the Annexure-G. He submits that, it is an internal correspondence between the Co-operative Election Authority and the President of respondent No.5. He submits that, clarification has to be issued by the State Government under Section 121 of the Act of 1959. He submits that, once the respondents - Societies are included in the voters' list, if the petitioners are aggrieved by the voters' list, the proper forum for the petitioners is to challenge under Section 70 of the Act of 1959. The petitioner in WP No.38350/2025 filed a writ petition and the matter was listed before the Co-ordinate Bench of this Court. The Co-ordinate Bench declined to grant an interim order.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
23. The very same counsel filed a writ petition in WP No.39397/2025 and got listed the matter before the Vacation Bench and by suppressing the filing of writ petition in WP No.38350/2025, obtained an interim order. He submits that, the petitioners have played fraud on the Court and obtained an interim order. He submits that, this Court has passed an order directing respondent No.4 to keep the votes that may be casted by respondent Nos.6 to 30, who are the petitioners in WP No.36123/2025 in a separate sealed box without counting the same after completion of the election that is scheduled to be held on 06.01.2026 and seek further instruction in the matter by this Court. He submits that, the Returning Officer could have taken an instruction from the Court. On the contrary, the Returning Officer, without taking instruction from this Court, announced the result. The action of the Returning
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Officer in announcing the result is in violation of the interim order passed by this Court on 18.12.2025.
24. To buttress his argument, he has placed reliance on the judgment of the Hon'ble Apex Court in the case of Mohinder Singh Gill and Another Vs. The Chief Election Commissioner, New Delhi and others reported in (1978) 1 SCC 405, the judgment of this Court in Ankappa Vs. Tahsildar and Returning Officer reported in ILR 1986 Karnataka 2270, K.Channaiah and others Vs. The State of Karnataka and others reported in ILR 2000 Karnataka 2572, the judgment of the Supreme Court in case of M.V.Venkatramana Bhat Vs. The Returning Officer and Tahsildar and others reported in (1993) 4 SCC 317, Shree Bhagwati Steel Rolling Mills Vs. The Commissioner of Central Excise and Another reported in (2016) 3 SCC 643. Hence, on these grounds, he submits that, the writ petitions filed by
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR the petitioners are not maintainable. He further submits that, a direction be issued to the Returning Officer to count the votes of the respondent Nos. 6 to 67 and to re-declare the results of the election. Hence, on these grounds, he prays to dismiss the writ petition.
25. Sri. M.R.Rajagopal, learned Senior Counsel submits that, WP No.36123/2025 was filed seeking a mandamus directing respondent No.3 therein to issue delegations/representative forms to the petitioners - Society for voting and contesting in upcoming general body election scheduled in the month of January 2026 to respondent No.3 - Society therein, by considering the representation made by the petitioners dated 06.11.2025. He submits that, the Co-ordinate Bench of this Court directed respondent No.3 therein to consider the representation submitted by the petitioners therein dated 06.11.2025 produced as per Annexures-A to
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR A.27 in the light of the Government Order dated 29.05.2025 extracted in the body of the Order. There is a specific direction to respondent No.5 herein to consider the representation in the light of the Government Order dated 29.05.2025. Pursuant to the order passed by this Court in WP No.36123/2025, the names of the respondents have been rightly included in the eligible voters' list, and they have rights to cast their votes in the election. He submits that, the order passed in WP No.36123/2025 had attained finality, and he submits that, the voters' list was not challenged by anybody and the voters' list has attained finality. He submits that, the writ petitions filed by the petitioners are not maintainable. Hence, on these grounds, he prays to dismiss the writ petitions.
26. Sri. Vikram Huilgol, learned Senior Counsel submits that, the Government has issued a Government Order dated 29.05.2025 granting exemption under
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Section 121 of the Act of 1959. Respondent Nos.6 to 33 in WP No.38350/2025 are deemed members from the date and that satisfies 12 months requirement under Section 20(2)(a-iii) of the Act. From the last day of two months from their respective applications, they satisfy the requirement under Section 20(2)(a-iii) of the Act of 1959 and they are fully entitled to vote, contest and participate in the election. He submits that, the respondents approached the Additional Registrar of the Co-operative Societies, Bengaluru by filing an appeal under Section 105A of the Act of 1959 seeking consideration and declaration of their deemed membership status under Section 16(4) of the Act of 1959. The Additional Registrar of the Co-operative Societies, by Order dated 08.01.2025 declared that, the respondents are deemed members of respondent No.5 - Federation by virtue of statutory fiction created under Section 16(4) of the Act of 1959. He
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR submits that, respondent Nos.6 to 33 are deemed to be members as on 11.12.2023, 14.12.2023, 15.02.2024, 27.09.2024, 26.10.2024, 12.12.2024 and 05.01.2025 and the elections to be held on 06.01.2026. Respondent societies have completed the mandatory 12 months membership period as required under Section 20(2)(a-iii) of the Act of 1959. Therefore, the disqualification does not apply to the respondents. He submits that, the exclusion of 28 valid votes may materially affect the outcome of the individual contest for Director positions, for the composition of the Board of Directors and for the election of the President by these Directors. Hence, on these grounds, he prays to dismiss the writ petitions against respondent Nos.6 to 33 in WP No.38350/2025.
27. Perused the records and considered the submissions of the learned counsel for the parties.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
28. It is an undisputed fact that, respondents - Societies formed a Co-operative Society and applied for membership of respondent No.5 - Society. Whether respondents - Societies are entitled to cast their vote is a matter to be decided in the instant petitions. In order to consider the cases on hand, it is necessary to examine certain provisions of the Act of 1959, which reads as follows:
• Section 2(a) of the Act of 1959 provides the definition of Apex Society, which means a federal society whose area of operation extends to the whole of the State.
• Section 2(e4) defines federal society means a co- operative society, the membership of which is not open to individuals.
• Rule 13 of the Rules of 1960 provides the procedure of election of the members of the (Board) by the general body:
(1) A Co-operative Society may, for the purpose of election of members to the committee, divide its membership into
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR different groups on a territorial or any other basis.
(2) The bye-laws of such a society may specify the number or proportion of the members of the committee, who may be elected to represent each such group on the committee and may specify further that such representatives may be elected,-
(a) by all the members of the society.
constituting a single electoral college or
(b) by different smaller groups of members of the society to which such directors belong, constituting more than one electoral college. • Section 20 of the Act of 1959 provides the votes of members:
(1) No member, no representative or no delegate of a society shall have more than one vote in the general meeting or in the election of the members of the board of the co-operative society.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR (2) The following shall not have the right to vote at a general meeting or an election of the members of the board of the co- operative society in which they are members, namely:--
(a) xx xx xx
(a-i) xx xx xx
(a-ii) xx xx xx
(a-iii) a person who has become member of a society not later than twelve months prior to the date of such meeting or election.
[Clause (a-iii) was inserted by Act 25 of 1998 w.e.f. 15.08.1998] • Section 39A i.e., Conduct of elections:
(1) Every general election of the members of the board and election of the office-
bearers of a cooperative society including any casual vacancy to the extent applicable (shall be held under the superintendence of Co-operative Election Authority) shall be held subject to the superintendence, direction and control of the Cooperative Election Commission.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR (2) The general elections of the members of the boards of the cooperative societies shall be held in four stages as under,-
(a) the elections in respect of primary cooperative societies shall be held in the first stage;
(b) the elections in respect of secondary Co-operative Societies shall be held in the second stage
(c) the elections in respect of federal Co-operative Societies shall be held in the third stage.
(d) the elections in respect of Apex Co-
operative Societies shall be held in the fourth stage.
(e) in the fourth stage, the electoral process for holding election to the apex societies shall commence thirty days after the completion of the elections of the federal societies. Provided that the cooperative election commission may start the preparatory work for the preparation of the electoral rolls for and the conduct of the elections during the last six
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR months prior to the expiry of the term of office of the board of a cooperative society.
29. From the perusal of definition of Apex Society, it means a Federal Society whose area of operation extends to the whole of the State and Federal Society means a co-operative society, registered or deemed to have been registered under the Act of 1959. From the perusal of clause (d) of sub-Rule (3) of Rule 12-B, it provides that notwithstanding anything contained in these rules or bylaws of a co- operative society having representative's general body whose area of operation extends to the whole of the State of Karnataka, there shall not be more than one director representing a district. Rule 13 provides that a co-operative society may, for the purpose of election of the members to the committee, divide its membership into different groups on a territorial or on any basis. The bye-laws of such a society may specify the number and
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR proportion of members of the committee, who may be elected to represent each group on the committee and may specify further that such a representative may be elected by all the members of the society. Admittedly, in the instant case, respondent No.2 Returning Officer had issued a calendar of events to hold an election to the members of the respondent No.5 - Society on 26.06.2025. Respondents - Societies names were not found in the voters' list on the ground that they are disqualified for casting their votes in the ensuing election on the ground being Section 20(2)(a-iii) that the societies registered were within 12 months. Hence, they are disqualified to participate in the election process. They submitted a representation to include their names in the voters' list. The representation of the respondents was not considered. They approached this court in WP No.36123/2025 and this Court directed the respondent therein i.e., is respondent No.5 herein to
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR consider the representations submitted by the petitioners dated 06.11.2025 as per Annexures-A to A27 in the light of the Government Order dated 29.02.2025.
30. The petitioners have produced Government Order dated 29.05.2025 vide Annexure-F, the translated portion of which reads as follows:
"Government Order No.: CO 142 CLS 2025.
Bangalore, Date: 29-05-2025 In view of the factors explained in the proposal, in exercise of the powers conferred on the Government under Section 121 of the Karnataka Cooperative Societies Act, 1959; it is hereby ordered that the newly registered primary cooperative societies which have obtained membership in the Federal (District Central Cooperative Banks, District Cooperative Milk Unions, District Cooperative Unions and other Federal Cooperative Societies) cooperative societies as on or before 30-04- 2025, shall be exempted from the provisions of Section 20(2)(a-iii) of the Karnataka Cooperative Societies Act, 1959 and shall be allowed to participate in the elections of the Governing Body of the Federal Cooperative Societies."
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
31. From the perusal of Annexure-F, the State Government, exercising power under Section 121 of the Act of 1959, has exempted newly registered primary cooperative societies from the provisions of Section 20(2)(a-iii) of the Act of 1959 and allowed the newly registered Primary Co-operative Societies which obtained a membership in the Federal (District Central Cooperative Banks, District Cooperative Milk Unions, District Co-operative Unions and other Federal Co-operative Societies) as on or before 30.04.2025. Admittedly, the respondents - Societies were registered on or before 30.04.2025. In view of the Government Order, the respondents - Societies were exempted from the provisions of Section 20(2)(a-iii) of the Act of 1959 and they were permitted to participate in the election of a governing body of Federal Co-operative Society. Respondent No.5 sought for a clarification vide communication
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR dated 23.06.2025 regarding exemption extended to the newly registered primary co-operative societies from the provisions of Section 20(2)(a-iii). The Co-Operative Election Authority issued a clarification that the said Government Order is not applicable to the elections of the Apex Co-operative Societies. From the perusal of Section 121 of the Societies Act, 1959, which provides that the State Government may, by general or special orders published in the official gazette, exempt any co-operative society or class of societies from any of the provisions of this Act or may direct that such a provision shall apply to the society or class of society with such modification as may be specified in the order. Annexure-G was issued by the Chief Co-operative Election Authority. The Chief Co-operative Election Authority has no direct influence or power to issue a clarification contrary to the proceedings issued by the Government Order dated 29.05.2025. The
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR clarification or superseding Government Order dated 29.05.2025 is to be done by the State Government under Section 121 of the Act. Learned Senior Counsel for the petitioner submits that, the Election Authority has passed Annexure-G on the basis of clause (1) of Section 39A of the Act which states, elections shall be subject to the superintendence, direction and control of the Cooperative Election Commission. By exercising power under clause (1) of Section 39A of the Act, the election authority had issued a clarification and the clarification issued by the Election Authority is only on an internal correspondence between the Election Authority and the President of respondent No.5, and it is in the form of an advisory.
32. The Hon'ble Apex Court in the case of Mohinder Singh Gill (supra), had an occasion to consider the word 'superintendence', wherein the Hon'ble Apex
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Court had framed question at (a) in para No. 37, reads as follows:
"(a) What in its comprehensive connotation does the conduct' of elections mean or, for that matter, the superintendence, direction and control' of elections ?"
The Hon'ble Apex Court held as follows:
"79. We have projected the panorama of administrative law at this length so that the area may not be befogged at the trial before the Election Court and for action in future by the Election Commission. We have held that Art. 329(b) is a bar for intermediate legal proceedings calling in question the steps in the election outside the machinery for deciding election disputes. We have further held that Art. 226 also suffers such eclipse. Before the notification under section 14 and beyond the declaration under r. 64 of Conduct of Election Rules, 1961 are not forbidden ground. ... ..."
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Admittedly, in the instant case the Election Authority has not shown any provision under which a clarification was issued to respondent No.5.
33. The Hon'ble Apex Court in Shree Bhagwati Steel Rolling Mills (supra), held as follows:
"29. It would be seen that Shri Aggarwal is on firm ground because this Court has specifically stated that rules or regulations which are in the nature of subordinate legislation which are ultra vires are bound to be ignored by the courts when the question of their enforcement arises and the mere fact that there is no specific relief sought for to strike down or declare them ultra vires would not stand in the court's way of not enforcing them. We also feel that since this is a question of the very jurisdiction to levy interest and is otherwise covered by a Constitution Bench decision of this Court, it would be a travesty of justice if we would not to allow Shri Aggarwal to make this submission."
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
34. The Hon'ble Apex Court held that, when the rules or regulations which are in the nature of subordinate legislation, which are ultra vires, are bound to be ignored by the courts when the question of the enforcement arises and the mere fact that there is no specific relief sought for to strike down or declare them ultra vires would not stand in the court's way of not enforcing them. Admittedly, in the instant case, though Annexure-G was issued by the Election Authority, the respondents have not challenged the same. As rightly pointed out by the learned Senior Counsel Sri. Jayakumar S. Patil, there is no need to challenge Annexure-G as the said clarification is issued by the Election Authority, as no enforcement rights and the said clarification is in the form of an advisory nature.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
35. Further, the Hon'ble Apex Court in the case of M.V. Venkataramana Bhat (supra), held as follows:
"3. ... ... Similarly when 5th respondent has not even filed nomination for Pradhan's election, it is obvious that he filed the writ petition, had ex parte order restraining the participation and exercise of the franchise by two members, it was not only not a bona fide action, but also to aid and help Sadananda getting elected as Pradhan. In these circumstances, the finding of the learned single Judge that 5th respondent had not acted bona fide is well justified. The necessary conclusion is that Jayaprakash Rai's filing writ petition was at the behest of Sadananda, 4th respondent abusing the process of the Court; had ex parte order and prevented two nominated members of exercise their franchise and facilitated Sadananda elected as Pradhan. But for the directions granted by the High Court the I nominated members would have exercised their franchise in electing the Pradhan. As a consequence the result of the election
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR obviously tilted in favour of Sadananda and he was declared elected. We, therefore, hold that the appellant is justified in contending that on account of the order passed by the Court, the result of the election was materially affected and he lost the election. He should be put in the position prior to election and he is so entitled to. It is but proper and higher duty of the High Court to see that its judicial process is not abused and its order does not become an instrument or aid to overreach the adversary and when that interference or finding could be reached on proper consideration of the facts and circumstances, suitable remedy be given. We are informed that there is no procedure prescribed under the Act or the rules to challenge the validity of the election. Even otherwise the election Tribunal cannot go into the validity or correctness of the order granted by the High Court which is the foundation to disable two members to exercise their franchise. It should be remedied only in the proceedings under Article 226. Under these circumstances it is but fit, just, proper and legal that the injury suffered
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR by the appellant should be remedied by declaring that the election of K.C. Sadananda Pradhan is not a validly conducted election and it is accordingly declared and set aside. It is open to the Returning Officer to conduct the election of Pradhan afresh aced ding to rules. The writ is issued accordingly."
36. On the perusal of paragraph No.3 of the judgment of the Hon'ble Apex Court, it is clear that if the parties, by obtaining ex-parte order and abuse the process of Court, the Courts are not powerless. The Courts can pass an order under Article 226 of the Constitution of India.
37. In the case of K. Channaiah and others Vs State of Karnataka and others reported in ILR 2000 Kar 2527, this Court has, in paragraph No.40, held as follows:
"40. This principle of law equally applies with respect to interruption of election in the middle of the calendar of events by an order of the Government. If the
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Government or any other authority passes an order postponing the election after the issuance of the calendar of events and if that order is without authority of law, then again the election process shall take off from where it was interrupted by the order passed without authority of law. In other words if an Authority postpones the elections after the calendar of events was in force and if it is ultimately found that the Authority had no power in law to postpone the elections the answer is that one must revert to the original calendar of events from the stage where it was interrupted."
38. In the case of Ankappa (supra), this Court has held as follows:
"6. ... ... As the poll did not take place because of the Interim Order, it was only to that extent the calendar of events became infructuous. That does not mean that all those events which had taken place according to the calendar of events produced as Annexure-A also became infructuous. ... ... "
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
39. Learned Senior Counsel for the petitioners has placed reliance on the judgment of this Court in the case of Channappa Yadwad (supra),wherein the petitioner had challenged the notification issued under Section 121 of the Act. This Court has, in paragraph No.15, held as follows:
"15. I must now add the final epitaph over these orders by pointing out that the State had no reason, much less any good reason for passing the orders impugned herein. The Government Orders as they now stand have rendered themselves wholly unsupportable ex facie. To emphasise this aspect I shall reproduce again Section 121 of the Act, which reads:
"121. Power to exempt societies:--
The State Government may, by general or special order published in the Official Gazette, exempt any co-operative society or any class of societies from any of the provisions of this Act or may direct that such provisions shall apply to such society or class of societies with such modifications as may be specified in the orders."
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NC: 2026:KHC:3705
WP No. 39397 of 2025
C/W WP No. 38350 of 2025
HC-KAR
(Emphasis supplied)
The section which I have
reproduced as aforesaid militates against any endeavour that can be made at sustaining the impugned G.Os. The section does not provide for mothballing societies by passing a blanket order under Sec. 121 making all and sundry eligible for all types of exemption under the Act. The section it may be noted provides only for selective operation by choosing for its, attention 'any co- operative society or any class of societies'. As pointed out earlier the notification dated 23rd September, 1991 is very wide spread covering all societies ignoring the criterion that remedial action under Sec. 121 can only be done on a selective basis. The State has sought to justify the need to extend such absolute cover to all societies by making the following statement in para 4 of its objection statement:
"According to Section 28A of the Act, the elections to the Committee of Management to a Co- operative Society should be held.
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR The situation has arisen wherein majority of the members of a co- operative society cannot participate in the election. The majority of members have become defaulters not on their own but because of Government Policies. There will be no election at all in majority of cases if the impugned Government Order is not in existence since there are no members left to elect their representatives. The too rigorous application of Sec. 20 itself result in frustrating the objects of the Act instead of, advancing them. The Government has issued Order dated 23-9-1991 to relax the occasional rigour of Sec. 20 and to advance the objects of the Act. The Government uniformly exempted Sec. 20 of the Act in respect of all co-operative societies for which elections and Annual General Meetings for the years 1987-1988, 1988-1989, 1989-1990 and 1990- 1991 is held and it is in operation only for a temporary period. It is respectfully submitted the impugned Government Order does not have the effect of changing legislative policy or the essential character of the Act."
(Emphasis supplied) If as the State says all the aforesaid institutions had become sick because of Government policies then I am afraid the State has chosen the wrong antidote to cure them of their
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR malady by resorting to an over-extensive user of the right to grant exemption to all societies by having power on Section 121 of the Act. If I may say so once again, members are in no way responsible for the institutions turning sick in the sense of becoming ineligible for exercise of franchise guaranteed to them under Section 20 but denied for whatever reason it may be as claimed herein by Government in their statement of objections. I see no connection between the policy decision of the Government and the total failure in the performance of its duty by a society. It seems to me this is an instance of power being indiscriminately used for a purpose wholly unconnected with the object now projected before Court. The Supreme Court in Registrar, Co-Op. Societies v. Kunjambu, AIR 1980 SC 350 while holding Section 60 of Madras Co- operative Societies Act, which is akin to Sec. 121 of the Act as not void on the ground of excessive delegation of power, observed at page 354:
"In fact, the too rigorous
applications of some of the
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NC: 2026:KHC:3705
WP No. 39397 of 2025
C/W WP No. 38350 of 2025
HC-KAR
provision of the Act may itself occasionally result in frustrating the very object of the Act instead of advancing them. It is to provide for such situations that the Government is invested by Sec. 60 with a power to relax the occasional rigour of the provisions of the Act and to advance the object of the Act."
Herein the Government states that the too rigorous application of Sec. 20 would have frustrated the object of the Act i.e., holding of general elections and the conducting of annual general body meeting as enjoined under Sec. 28 A of the Act and, therefore, it is they had to resort to this type of extensive curative process. But, then, even that should be done as pointed out by the Supreme Court in the decision supra so as to subserve the object of the Act. There is no gainsay in denying that the object of the Act is to ensure that the Co-operative movement conceived on the basis of mutual help and voluntary service to help the small farmers, artisans and agriculturists to get the best of the bargains eliminating parasitical middlemen. If to help these small people,
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR Co-operative Societies are formed and loans are given, they in turn are expected to display a bit of promptitude in discharging obligations undertaken by them and any default in that regard should necessarily invite a sound reproach and wrath in good measure. Section 20 is enacted precisely for the said purpose and the contemplated display of denigration takes the form of denial of franchise to defaulters whoever it may be an individual member or an institution. True as pointed out by the Supreme Court in Registrar v. Kunjambu, AIR 1980 SC 350 that in extraordinary situations to save the institutions recourse could be taken to some extraordinary measures to bring about normalcy in a Co-operative institution sued. That is done by taking power from the fountain-source under Sec. 121 made operative by granting suitable exemptions and modifications. If this remedy available under the Act for sustaining the object of the Act is availed of in a manner destructive of the very fabric of the Act, such an overact would mutilate and render waste a salutary
- 66 -
NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR provision like Section 20 as has happened in this case, serving as a general cover to protect all truants whether they are individuals or institutions, and in such situation I am afraid it is different even to imagine much less to expect the remedial power under Section 121 could be availed off by the State in the manner done in these cases. I am afraid that the impugned order of the Government passed on 23rd September, 1991 is totally indefensible and cannot be sustained on any ground whatsoever."
Admittedly, in the instant case, neither the petitioner, nor respondent societies challenged Annexure-F. The judgment relied upon by learned Senior Counsel for the petitioner is not applicable to the case on hand.
40. Admittedly, this Court has directed respondent No.5 to consider the representations of the respondents in terms of Government Order vide Annexure-F. The said order had attained finality and the petitioners
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR herein have not challenged the order passed in WP No.36123/2025. Respondent No.5 has rightly included the names of respondent societies in the voters' list based on the Government Order vide Annexure-F. Annexure-G cannot be enforced as Annexure-G is only a communication between the petitioners and respondent No.5, and the same is not communicated to respondents - Societies. Further, although such a communication came into existence before the disposal of the said writ petition, which came to be disposed of on 08.12.2025, respondent No.5 herein, who was a party in the said writ petition, did not bring it to the notice of the Co-ordinate Bench of this Court regarding Annexure- G, and further, some of the Co-operative Societies approached this Court in WP No.38066/2025 and WP No.38042/2025 seeking directions to issue delegation/representative forms to the petitioners - Societies for voting and contesting upcoming general
- 68 -
NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR body election scheduled in the month of January 2026. The said writ petitions came to be allowed vide order dated 16.12.2025 and directed respondent No.5 to modify the eligible voters' list. The orders passed in the aforesaid writ petitions have not been challenged. Thus, the petitioners, by suppressing the fact, filed these writ petitions and obtained an interim order. Thus, the petitioners have failed to establish that, respondents - Societies are disqualified/not eligible to cast their votes. Considering the Government Order vide Annexure-F and also the orders passed by this Court in WP No.38066/2025 and WP No.38042/2025, the respondents - Societies are eligible to participate in the election scheduled to be held in the month of January. The action of the respondent No.2 in not counting the votes based on Annexure-G is arbitrary and erroneous. Therefore, the disqualification does
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR not apply to the respondents - Societies in view of Annexure-F.
41. Smt. Prathima Honnapur, learned Additional Advocate General, submits that though this Court has passed an interim order, despite the same, the Returning Officer, without seeking permission from this Court, has declared the result of the election.
42. This Court granted an interim order in WP No. 39397 of 2025 on 18.12.2025, which reads as follows:
"As an interim order, respondent No.4 is directed to keep the votes that may be cast by respondent Nos.6 to 67 herein in a separate sealed box without counting the same after completion of election that is scheduled to be held on 06.01.2026 and seek further instructions in the matter by this Court.
List this matter along with W.P. No.38350/2025."
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NC: 2026:KHC:3705 WP No. 39397 of 2025 C/W WP No. 38350 of 2025 HC-KAR
43. Thus, respondent No.4, without seeking permission from the Court, has announced the result of the election. The action of respondent No.4 in declaring the result of the election without seeking permission of this Court is arbitrary and erroneous.
44. In view of the above discussion, I proceed to pass the following :
ORDER i. The writ petitions are dismissed;
ii. The declaration of respondent No.5 is set aside;
iii. The Returning Officer is directed to count the votes of respondents
- Societies and declare the result of the election within one week from the date of receipt of a certified copy of this order.
iv. In view of the dismissal of the
writ petitions, pending
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NC: 2026:KHC:3705
WP No. 39397 of 2025
C/W WP No. 38350 of 2025
HC-KAR
interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/-
(ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 33