Karnataka High Court
Sri Satish S/O Chandrashekarappa ... vs The State Of Karnataka on 4 April, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2026:KHC-D:5010-DB
WA No. 100184 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 4TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
WRIT APPEAL NO.100184 OF 2026 (CS-EL/M)
BETWEEN:
1. SRI SATISH
S/O CHANDRASHEKARAPPA YALIGAR,
AGE: 49 YEARS,
OCC: AGRICULTURE,
R/O.: HALAPETI ONI,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
2. SRI BASAVARAJ
S/O KARIYAPPA MIRJI
AGE: 53 YEARS,
CHANDRASHEKAR
LAXMAN
OCC.: AGRICULTURE,
KATTIMANI
R/O.: NEAR HEAD POST OFFICE,
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench
SHIGGAON,
Date: 2026.04.08 10:24:50
+0100
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
3. SRI UMESH
S/O PARASAPPA GOULI,
AGE: 50 YEARS,
OCC.: BUSINESS,
R/O.: JAYANAGAR,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
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WA No. 100184 of 2026
HC-KAR
...APPELLANTS
(BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE FOR
SRI RAJASHEKAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S. BUILDING,
AMBEDKAR VEEDHI,
BENGALURU 560001.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
SAHAKARA SOUDHA, 4TH ZONE,
ST. MARGOSA ROAD,
MALLESHWARAM,
BENGALURU-560027.
3. JOINT REGISTRAR CO-OPERATIVE BANK,
BELAGAVI DIVISION, JAKERI HONDA, BELAGAVI,
DIST.:BELAGAVI-590001.
4. THE DISTRICT CO-OPERATIVE REGISTRAR,
DISTRICT ADMINISTRATION OFFICE,
3RD FLOOR, DEVEGERI, HAVERI,
DIST.: HAVERI-581110.
5. THE RETURNING OFFICER,
SHIGGAON URBAN CO-OPERATIVE BANK LTD.,
SHIGGAON, TQ.: SHIGGAON, DIST.: HAVERI-581205.
6. SHIGGAON URBAN CO-OPERATIVE BANK LTD.,
SHIGGAON.
REPRESENTED BY ITS MANAGER,
NEW BUS STAND ROAD,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
7. DR.PRABHUGOUDA
S/O RUDRAGOUDA PATIL,
AGE:73 YEARS,
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WA No. 100184 of 2026
HC-KAR
OCC: MEDICAL PRACTITIONER,
R/O.: PRABHU NURSING HOME,
OPP. OLD BUS STAND,
SHIGGAON, DIST.: HAVERI.
8. JAGDEESH
S/O CHANBASAPPA THONDIHAL,
AGE:52 YEARS,
OCC.: BUSINESS,
R/O.:NEAR RACHANKATTI,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
9. CHANNBASAVVA
D/O NINGAPPA BADDI,
AGE: 45 YEARS,
OCC: ADVOCATE,
R/O.: ELIGHAR ONI,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
10. DHARMAPPA
S/O PAKKIRAPPA DHARWAD,
AGE: 76 YEARS,
OCC.: RETIRED EMPLOYEE,
R/O.:AMBEDKAR ONI,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
11. KALLAPPA
S/O VEERAPPA HESARUR,
AGE:62 YEARS,
OCC.: BUSINESS,
R/O.: MARKET ROAD,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
12. SHIVAPRAKASH
S/O GADAGAYYA HIREMAT,
AGE: 52 YEARS,
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WA No. 100184 of 2026
HC-KAR
OCC.: BUSINESS,
R/O.: DESAI ONI,
SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
13. SHANMUKAPPA
S/O V KADEMANI,
AGE: 50 YEARS,
OCC.: BUSINESS,
R/O.: JAYANAGAR, SHIGGAON,
TQ.: SHIGGAON,
DIST.:HAVERI-581205.
...RESPONDENTS
(BY SRI ASHOK T. KATTIMANI, AGA FOR R1, R3 & R4;
SRI SHIVARAJ P. MUDHOL, ADVOCATE AND
SMT.SANJANA S. MUDHOL, ADVOCATE FOR R6;
SRI SHIVAPRASAD PATIL, ADVOCATE FOR R7)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 02.04.2026 PASSED IN W.P.NO.102792/2026 BY THE
HON'BLE LEARNED SINGLE JUDGE NOT CONSIDERING THE INTERIM
PRAYER AGAINST THE IMPUGNED FINAL CONTESTING CANDIDATES
LIST TO THE RESPONDENT NO.6 BANK ISSUED BY THE 5TH
RESPONDENT DATED 30.03.2026 VIDE., ANNEXURE-G, AND ALSO
UNANIMOUS SELECTION LIST OF CANDIDATES DATED 30.03.2026 TO
THE RESPONDENT NO.6 BANK ISSUED BY THE 5TH RESPONDENT VIDE
ANNEXURE-H SO FAR AS APPELLANTS WERE IN CONCERNED IN THE
INTEREST OF JUSTICE AND EQUITY & ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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NC: 2026:KHC-D:5010-DB
WA No. 100184 of 2026
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Heard Sri Vishwanath S.Bichagatti, learned counsel for appellants, Sri Ashok T.Kattimani, learned Additional Government Advocate for respondents no.1, 3 and 4, Sri Shivaraj P.Mudhol, learned counsel for respondent no.6 and Sri Shivaprasad Patil, learned counsel for respondent no.7.
2. Appeal is filed against non-considering interim prayer and issuing notice to respondents.
3. Learned counsel for appellants submitted that appellants were petitioners in writ petition filed challenging final list of candidates contesting for election to Managing Committee of respondent no.6-Co-operative Bank. Appellants are also challenging declaration of results insofar as directors elected unopposed at Sl.no.4 and 5 in Annexure-H. Learned counsel submitted that, appellants were members of respondent no.6- Co-operative Bank and on completion of term of Managing Committee of said Co-operative Bank, respondent no.5 had issued Annexure-A-calendar of events to conduct of election. It -6- NC: 2026:KHC-D:5010-DB WA No. 100184 of 2026 HC-KAR was submitted, as per calendar of events, final list of voters was published. Immediately thereafter appellants had submitted representations at Annexures-C and C1 to writ petition, bringing to notice of Returning Officer that perpetual continuation of directorship was prohibited by Reserve Bank of India and same was required to be taken note of while finalizing list of candidates. However, respondent no.5 rejected same and issued endorsements, as per Annexures-D and D1. Thereafter, Annexure-G was issued finalising list of candidates. It was submitted, said list contained candidates who continued as directors for more than 10 years attracting bar under Section 17 of Karnataka Co-Operative Societies Act, 1959 ('Act 1959' for short) as well as Section 10(2A) of Banking Regulation Act, 1949 ('Act 1949' for short), constraining appellants to approach this Court.
4. Though said contention was urged, learned Single Judge had issued notice. Since date of election was 05.04.2026 and as respondents attracted disqualification and would be barred from contesting election, appellants would lose out on opportunity of adjudication, if interim prayer was not considered. -7-
NC: 2026:KHC-D:5010-DB WA No. 100184 of 2026 HC-KAR Therefore, order passed issuing notice was amounted to denial and as such challenged before this Court. Learned counsel prayed for admitting appeal and grant of interim order.
5. On other hand, Sri Sri Ashok T.Kattimani, learned Additional Government Advocate appearing for respondents no.1, 3 and 4, Sri Shivaraj P.Mudhol, learned counsel for respondent no.6 and Sri Shivaprasad Patil, learned counsel for respondent no.7, opposed appeal.
6. It was submitted that, when nominations were filed, there were no objections filed. Therefore, appellants would be estopped from challenging list of candidates. It was further submitted, calendar of events having been issued, process of election having been set in motion and election scheduled tomorrow with ballet papers also having been printed, at this belated stage, interference would not be justified.
7. Heard learned counsel, perused impugned order.
8. At outset, it is noted that appeal is against non- consideration of interim prayer. It is not an order rejecting interim prayer. Whether appeal against such order would be -8- NC: 2026:KHC-D:5010-DB WA No. 100184 of 2026 HC-KAR tenable would be one question. That apart, though learned counsel has drawn attention of this Bench to provisions of Section 17 of Act 1959 as well as Section 10(2A) of Act 1949, further sub-sections of said provisions provide for adjudication of question regarding disqualification.
9. In view of same, filing of writ petition, when process of election has been set in motion, would also be a material question. Keeping in mind same, learned Single Judge appears to have issued notice, keeping open question of maintainability.
10. Under above circumstances, we do not find any reason for entertaining appeal. Accordingly, appeal is dismissed.
11. In view of dismissal of appeal, pending applications, if any, would not survive for consideration and are disposed of accordingly.
Sd/-
(RAVI V.HOSMANI) JUDGE Sd/-
(B. MURALIDHARA PAI) JUDGE EM,RKM CT:VP LIST NO.: 1 SL NO.: 1