Karnataka High Court
Smt Chaturabai vs State Of Karnataka on 12 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201639 of 2025
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201639 OF 2025 (GM-KSR)
BETWEEN:
1. SMT. CHATURABAI W/O SHYAMA RAO,
AGED ABOUT 54 YEARS,
O/O PRESIDENT BALVANTH RAO VARALE
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
2. SMT. YESHODHA PREMNATH SHINDE
D/O PREMNATH SHINDE,
AGED ABOUT 48 YEARS,
R/A MIG4, KHB COLONY,
BHALKI-585 328.
Digitally signed by 3. SRI. SUSHIL SHAMRAO ARKERI
NIJAMUDDIN S/O SHAMRAO ARKERI,
JAMKHANDI
Location: HIGH AGED ABOUT 37 YEARS,
COURT OF
KARNATAKA R/A SHANKARGUNJWADI,
HUMNABAD-585 330.
4. SRI. SUBASH SAMBANNA
S/O SAMBANNA,
AGED ABOUT 62 YEARS,
R/A HALLIKHED (B),
HUMNABAD-585 330.
5. SUNILKUMAR S. ARKERI
S/O CHATURABAI,
AGED ABOUT 37 YEARS,
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R/A KHB COLONY,
NAUBAD, BIDAR-585 401.
6. SMT. PARAMESHWARI B. SHINDE
D/O LATE. BAKKAPPA SHINDE,
AGED ABOUT 36 YEARS,
R/A MIG4, KHB COLONY,
BHALKI-585 328.
7. SMT. MEENAKSHI W/O BASAVARAJ,
AGED ABOUT 45 YEARS,
R/A GORTHA, BASAVAKALYAN TALUK,
BIDAR-585 327.
8. SRI. SHIVAJI S/O PREMNATH,
AGED ABOUT 57 YEARS,
R/A BASAVAKALYAN TALUK,
BIDAR-585 327.
9. SMT. REKHA DEVI W/O SOMLING JANDE,
AGED ABOUT 48 YEARS,
R/A SHIVNAGAR,
BIDAR-585 401.
...PETITIONERS
(BY SRI LAKSHMINARAYANA V., SENIOR ADVOCATE FOR
SRI. SPARSHA SHETTY, ADVOCATE THROUGH (VC))
AND:
1. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
MS BUILDING,
BENGALURU-560001.
2. THE DISTRICT REGISTRAR OF SOCIETIES,
BIDAR-584501.
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3. THE ENQUIRY OFFICER AND II ADDL. ASSISTANT
OFFICE OF THE ASST. DIRECTOR OF
CO-OPERATIVE SOCIETIES,
BIDAR-584 501.
4. HARSHA B. RATNAKAR
S/O LATE BHARAT RATNAKAR,
AGED ABOUT 42 YEARS,
O/O PRESIDENT OF BALVANTH RAO VARALE,
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
R/A 2-907/48A, RATHNAKAR BUILDING,
ANANDNAGAR, KALABURAGI-584 501.
5. ATUL B. RATNAKAR
S/O LATE. BHARAT RATNAKAR,
AGED ABOUT 35 YEARS,
R/A 2-907/48A, RATNAKAR BUILDING,
ANANDNAGAR, KALABURAGI-585 102.
6. ASHOK B. RATNAKAR
S/O LATE. BHARAT RATNAKAR,
AGED ABOUT 36 YEARS,
R/A C-37, KAPNOOR INDUSTRIAL AREA,
KALABURAGI-585 104.
7. SMT. SHAKUNTALA HALLUR
MEMBER,
AGED ABOUT 35 YEARS,
R/A BALVANTH RAO VARALE,
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
8. SRI. RAJESH KOTEKAR
MEMBER,
AGED ABOUT 30 YEARS,
R/A BALVANTH RAO VARALE,
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
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9. SMT. SHARDHA PUNDLIKRAO
MEMBER,
W/O PUNDLIKRAO,
AGED ABOUT 59 YEARS,
R/A BALVANTH RAO VARALE,
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
10. SMT. SUMAN S.H.
MEMBER,
AGED ABOUT 35 YEARS,
R/A BALVANTH RAO VARALE,
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
11. SRI. BHEEMRAYA GHAWNAHALLI
MEMBER,
AGED ABOUT 38 YEARS,
R/A BALVANTH RAO VARALE,
EDUCATION SOCIETY, HUMNABAD,
BIDAR-585 401.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR
SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE
FOR R4 THROUGH (VC);
SRI PRADEEP KUMAR, ADVOCATE FOR R6 TO R11;
NOTICE TO R5, R7 TO R10 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS
TO CONDUCT A PROPER ENQUIRY IN ACCORDANCE WITH THE
DIRECTION ISSUED BY THIS COURT AS PER THE REMAND
ORDER DATED 19.10.2020 PASSED IN W.P.NO.202609/2017
(ANNEXURE-AE) AND FURTHER DECLARE PROCEEDINGS
DRAWN IN THE SAID MEETING DATED 23.08.2010 IS NULLITY
(ANNEXURE-D) AND THE SAME CANNOT BE ENFORCEABLE AND
DECLARE THAT THE RESOLUTION DATED 23.08.2010
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(ANNEXURE-D) IS IN NOT ACCORDANCE WITH LAW AND
CONTRARY TO LAW AND ILLEGAL AND SHALL BE REMOVED
FROM THE RECORDS MAINTAINED BY THE REGISTRAR ie,
RESPONDENT NO.2 AS THE MEETING WAS CONVENED NOT BY
SECRETARY OR PRESIDENT. B) ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO CONTINUE THE
COMMITTEE WHICH WAS IN EXISTENCE AS ON THE DATE OF
FILING OF THE WRIT PETITION IN WP NO. 202609/2017 i.e.,
PRIOR TO THE ISSUANCE OF THE ENDORSEMENT DATED
10.05.2017 (ANNEXURE-AD) AND THE SAME WAS QUASHED
BY THIS HONOURABLE COURT BY AN ORDER DATED
19.10.2020 IN WP NO.202609/2017 (ANNEXURE-AE). C)
DECLARE THAT ANY DIRECTION REFERRING THE MATTER TO
THE PRINCIPAL CIVIL JUDGE TO DECIDE THE DISPUTE IN A
ENQUIRY REPORT DATED 22/4/2021 AT ANNEXURE-AM WOULD
BE ULTRA VIRES THE ORDER OF PASSED BY THIS HON'BLE
COURT DATED 19.10.2020 PASSED IN WP.NO.202609/2017
(ANNEXURE-AE). D) QUASH THE LIST OF OFFICE BEARERS
FILED BY THE CONTESTING RESPONDENTS AS THE SAID LIST
WITHOUT HOLDING ELECTIONS AS PER THE DIRECTIONS OF
THIS COURT PASSED ORDER DATED 25.01.2021 IN WP NO.
226971/2020 (ANNEXURE-AK) AND DIRECTIONS TO HOLD
ELECTIONS AFTER DELETING 6 MEMBERS WHO ARE
SIGNATORIES TO THE RESOLUTION DATED 23.08.2010
(ANNEXURE-D) AND THE ILLEGAL MEETING NOTICE DATED
12.08.2010 (ANNEXURE-C) AND MEETING DATED 23.08.2010
(ANNEXURE-D) PROCEEDINGS SHOULD BE DECLARED AS VOID
AND NULLITY AND ALL MEETINGS PARTICIPATED BY THE 6
MEMBERS MUST BE DECLARED ILLEGAL AND NULLITY IN VIEW
OF THE REPORT OF THE JOINT REGISTRAR DATED 10.01.2025
(ANNEXURE-AU). E) ISSUE A WRIT OF MANDAMUS TO TAKE
FURTHER STEPS IN IMPLEMENTING THE REPORT OF THE JOINT
DISTRICT REGISTRAR DATED 10.01.2025 (ANNEXURE-AU)
AND. F) PASS ANY APPROPRIATE ORDER/DIRECTION AS
DEEMS FIT BY THIS COURT IN THE CIRCUMSTANCES OF THE
CASE DURING THE PENDENCY OF THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
This writ petition is filed under Articles 226 and 227 of the Constitution of India seeking the following reliefs:
"A) Issue a writ of mandamus, directing the respondents to conduct a proper enquiry in accordance with the direction issued by this Court as per the remand order dated 19.10.2020 passed in W.P.No.202609/2017 (Annexure-AE) and further declare proceedings drawn in the said meeting dated 23.08.2010 is nullity (Annexure-D) and the same cannot be enforceable and declare that the resolution dated 23.08.2010 (Annexure-D) is in not accordance with law and contrary to law and illegal and shall be removed from the records maintained by the registrar ie, respondent no.2 as the meeting was convened not by secretary or president.
B) Issue a writ of mandamus directing the respondents to continue the committee which was in existence as on the date of filing of the writ petition in WP No. 202609/2017 i.e., prior to the issuance of the endorsement dated 10.05.2017 (Annexure-AD) and the same was quashed by this Honourable Court by an order dated 19.10.2020 in WP No.202609/2017 (Annexure-AE).
C) Declare that any direction referring the matter to the Principal Civil Judge to decide the dispute in a enquiry report dated 22/4/2021 at Annexure-AM would be ultra vires the order of passed by this Hon'ble Court dated 19.10.2020 passed in WP.No.202609/2017 (Annexure-AE).
D) Quash the list of office bearers filed by the contesting respondents as the said list without holding elections as per the directions of this court -7- NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR passed order dated 25.01.2021 in WP No. 226971/2020 (Annexure-AK) and directions to hold elections after deleting 6 members who are signatories to the resolution dated 23.08.2010 (Annexure-D) and the illegal meeting notice dated 12.08.2010 (Annexure-C) and meeting dated 23.08.2010 (Annexure-D) proceedings should be declared as void and nullity and all meetings participated by the 6 members must be declared illegal and nullity in view of the report of the joint registrar dated 10.01.2025 (Annexure-AU).
E) Issue a writ of mandamus to take further steps in implementing the report of the joint district registrar dated 10.01.2025 (Annexure-AU) and.
F) Pass any appropriate order/direction as deems fit by this Court in the circumstances of the case during the pendency of the writ petition."
2. Heard the counsel for the parties.
3. Facts of the case as revealed from the records are, Balavantrao Varale Education Society, Tq. Humnabad, Dist. Bidar is a registered society under the provisions of Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Act, 1960'). The object of the society is to impart and implement educational activities and to carry out activities incidental to educational activities. As per the original by-laws of the society, the governing body -8- NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR of the management of the society consisted of seven members. Petitioner Nos.1 and 5 herein appear to be the members of the governing body for the year 2009. It appears that the by-laws of the society was amended in the year 2012 and the number of members in the governing body was raised to 8 and the term of the governing body was increased from 1 year to 3 years. The list of 8 members elected to the governing body of the society for the year 2012 to 2015 was approved by the respondent No.2 and the name of petitioners herein was not found in the same. It appears there is a dispute between the parties with regard to membership of the governing body of the society.
4. Subsequently, based on the complaint of petitioner No.1 herein, it appears that the respondent No.2 had issued an order on 14.10.2016 under Section 25 of the Act, 1960 appointing one Sangam B.H., as enquiry officer and had directed the enquiry officer to hold an enquiry about the management of the educational society -9- NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR by the governing body. Assailing the said order dated 14.10.2016, respondent No.4 herein had filed WP No.202609/2017 before this Court and the said writ petition was allowed and the order dated 14.10.2016 was quashed and the matter was remitted to respondent No.2 to rehear the matter on merits and to pass appropriate orders in accordance with law within an outer limit of 6 months from the date of the receipt of the copy of the order.
5. The said order was challenged by petitioner Nos.1 and 5 herein before the Division Bench of this Court in WA No.200049/2021. It appears that in the meanwhile election was held to the governing body of the society and the list of elected members was accepted by the respondent No.2 on 15.12.2020. Assailing the same, petitioner Nos.1 and 5 herein had filed WP No.226971/2020 and in the said petition this Court on 25.01.2021 had appointed the Deputy Commissioner of Bidar as the Administrator of the society to discharge all
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR duties. The order passed in WP No.226971/2020 was challenged by the respondent No.4 herein in WA No.200026/2021 and the Division Bench of this Court taking note of the submission made on behalf of respondent No.4 that period of the elected body had come to an end on 31.03.2021 and fresh elections were required to be held, stayed the order passed in No.226971/2020 directing appointment of administrator to the society with an observation that fresh elections to the governing body of the society shall be held in accordance with law.
6. Accordingly, fresh election was held in the month of April-2021 and list of newly elected members of the governing body of the society was also submitted to the competent authority. In view of the subsequent developments and two elections being held subsequent to the order dated 19.10.2020 passed in WP No.202609/2017, WA No.200049/2021 filed challenging the order passed in WP No.202609/2017 was disposed of with an observation that nothing survives for consideration
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR in the said writ appeal. WA No.200026/2021 was subsequently disposed of, taking into consideration that subsequent to the interim order passed in the said writ appeal, staying the order passed in WP No.226971/2020 by the learned Single Judge, appointing an administrator to the society, elections were already held to the society and therefore, the grievance of the appellant was redressed and nothing survives for further consideration.
7. It appears that pursuant to the order passed in WP No.202609/2017, the respondent No.2 herein had held an enquiry in accordance with law and had passed an enquiry report on 06.09.2021 vide (Annexure-AM). Perusal of the said report would go to show that the respondent No.2, having noticed that the dispute between the litigating parties was with regard to membership of the governing body of the society, had relegated them to the Civil Court for the purpose of adjudication of their dispute. Undisputedly, the said report has not been questioned by any of the parties till date.
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8. It appears that subsequently on 16.01.2024, petitioner Nos.1 and 5 herein have submitted a complaint to the Joint Registrar of Cooperative Societies and on the basis of the same, an enquiry was held by the Joint Registrar of Cooperative Societies, Kalaburagi Division and a report was issued on 10.01.2025, stating that elections were not properly held to the governing body of society and accordingly had proposed an action under Section 27(A) of the Karnataka Societies Registration Act, 1960 to appoint an administrator to the society. Based on the said report passed by the Joint Registrar of Cooperative Societies, present petition is filed seeking the aforesaid reliefs.
9. Learned Senior Counsel for the petitioner submits that for the last several years election has not been held to the society in accordance with law. The Joint Registrar of the Cooperative Society has now issued a report dated 10.01.2025, in which it is clearly stated that elections have not been periodically held and respondent No.4 is also
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR facing charges of misappropriation. It is under these circumstances, in the report of Joint Registrar of Cooperative Society, he has recommended for taking appropriate action under Section 27(A) of the Act, 1960. He submits that since there are two contrary reports available on record, this Court may appoint an independent enquiry officer and direction may be issued to hold an enquiry in accordance with law with regard to the affairs of the society.
10. Per contra, learned Senior Counsel appearing for contesting private respondents submits that attempt is made to re-open the dispute, which has already been adjudicated in the earlier round of litigation. He submits that pursuant to the order passed by this Court in WP No.202609/2017, the respondent No.2 has filed a report dated 06.09.2021 vide Annexure-AM, in which he has answered all the contentions urged by the petitioners herein and has observed that the parties are required to approach the Civil Court for adjudication of their inter-se
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR dispute with regard to the management of the society. He submits that Division Bench of this Court had closed two writ appeals after recording that elections have been held in accordance with law to the society. He submits that election results have been produced before respondent No.2 along with list of elected members and the same has been accepted. He submits that by suppressing the material facts, interim order was sought in the writ petition and on the strength of the interim order, petitioners have been interfering with the administration of the society and elected body is sought to be kept out. Accordingly, prays to dismiss the petition.
11. The Joint Registrar of Cooperative Societies is not an authority under the provisions of the Act, 1960 and therefore, he had no jurisdiction to entertain the complaint of petitioner Nos.1 and 5 herein and submit the report, dated 10.01.2025 as per Annexure-AU. Based on such a report, an attempt is made by the petitioners to reopen the dispute between the parties, which was decided in WP
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR No.202609/2017. Pursuant to the order passed in WP No.202609/2017, respondent No.2, who is the competent authority under the Act, 1960 has held an inquiry and a report is submitted on 06.09.2021, which is produced along with Annexure-AM to this writ petition. Undisputedly, the said report has attained finality. In view of the said report, WA No.200049/2021 was disposed of by this Court by order dated 20.12.2021. Therefore, the first prayer made by the petitioners cannot be granted.
12. The prayers made in the writ petition virtually amounts to seeking modification of the order dated 19.10.2020 passed in WP No.202609/2017, against which petitioner Nos.1 and 5 herein had filed WA No.200049/2021, which was disposed of without interfering with the order passed in WP No.202609/2017. While disposing of WA No.200049/2021, the Division Bench of this Court has taken note of the fact that two elections were held pursuant to the interim order dated 08.03.2021 passed in WA No.200026/2021. Along with his
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR statement of objections, the respondent has produced document, which would go to show that the audit report, general body meeting proceedings and list of elected members to the governing council of the society was received and accepted by the respondent No.2 for the years 2021-22 to 2023-24 and 2024-25 to 2026-27. In view of the aforesaid, the prayer of the petitioners herein to issue a writ of mandamus directing the respondents to continue the committee, which existed as on the date of filing of WP No.202609/2017 is also totally misconceived.
13. A further prayer is also made to issue a writ of mandamus to implement the report of the Joint Registrar of Cooperative Societies dated 10.01.2025 vide Annexure- AU, which is issued by him without jurisdiction. In view of the aforesaid, it is apparent that petitioners, who have lost in all the earlier rounds of litigation, having not challenged the report of the respondent No.2 dated 06.09.2021 vide Annexure-AM, have filed this writ petition seeking relief based on the report of an incompetent authority. The
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR prayers made in this writ petition are frivolous and misconceived. It is submitted that, on the strength of interim order passed by this Court, the petitioners have meddled with the administration of the society and tried to keep out the elected body. Therefore, the petitioners have virtually abused the process of the Court. Under the circumstances, I am of the opinion that this writ petition is liable to be dismissed with exemplary costs.
14. Accordingly, the following:
ORDER i. The writ petition is dismissed with cost and the petitioners shall pay cost of Rs.10,000/- each to 'Advocates Association Library Fund, High Court of Karnataka, Kalaburagi Bench, Kalaburagi'.
ii. The cost shall be deposited by the petitioners within a period of four weeks
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NC: 2026:KHC-K:2338 WP No. 201639 of 2025 HC-KAR from the date of receipt of copy of this order, failing which, the same shall be recovered as arrears of land revenue by the competent authority.
iii. A show cause notice shall be issued by
competent authority to the Joint
Registrar of Co-operative Societies,
Kalaburagi, who has issued the report dated 10.01.2025 (Annexure-AU), proposing disciplinary action against him.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 23 CT:PK