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Karnataka High Court
Sri Manjunath C G vs State Of Karnataka on 9 December, 2025
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WP No. 1100 of 2023
C/W WP No. 24615 of 2022
WP No. 4462 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 1100 OF 2023 (GM-KSR)
C/W
WRIT PETITION NO. 24615 OF 2022
WRIT PETITION NO. 4462 OF 2023
IN WP NO.1100/2023
BETWEEN:
1. SRI. K.B. BOREGOWDA
S/O LATE BOREGOWDA
AGED ABOUT 79 YEARS
OCC: EX-PRESIDENT
ZILLA VOKKALIGARA SANGHA (R)
B.H. ROAD, TUMAKURU
R/OF SRI VAIDYANATHESHWARA FARM
HEBBUR, TUMAKURU TALUK
TUMAKURU - 572 101.
Digitally signed by
ARUNKUMAR M S
Location: HIGH 2. SRI. K.G. RAJANNA
COURT OF S/O LATE H. GANGAPPA
KARNATAKA
AGED ABOUT 70 YEARS
OCC: EX-DIRECTOR
ZILLA VOKKALIGARA SANGHA (R)
B.H. ROAD, TUMAKURU
R/O GANGADARESHWARA NILAYA
3RD MAIN ROAD
SADASHIVANAGAR
TUMAKURU - 572 101.
3. SRI. B. BETTASWAMY
S/O LATE B. BYRAPPAJI
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AGED ABOUT 65 YEARS
OCC: EX-DIRECTOR
ZILLA VOKKALIGARA SANGHA (R)
B.H. ROAD, TUMAKURU
R/O BYTHARAHOSAHALLI
DASIHALLI POST
TURUVEKERE TALUK
TUMAKURU - 572 101.
....PETITIONERS
(BY SRI. K.B. MONESH KUMAR, ADVOCATE FOR
SMT. VIJETHA R. NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY REGISTRAR OF
CO-OPERATIVE SOCIETIES
#1, ALI ASKER ROAD
VASANT NAGAR
BENGALURU - 560 052.
2. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES &
ADMINISTRATOR
ZILLA VOKKALIGARA SANGHA (REGD)
TUMAKURU
OFFICE OF ASSISTANT REGISTRAR
DEPARTMENT OF COOPERATION
TIPTUR
TUMAKURU - 572 101.
3. ZILLA VOKKALIGARA SANGHA (REGD)
B.H. ROAD
TUMAKURU - 572 101
REPRESENTED BY ITS MANAGER.
4. P. KRISHNAPPA
S/O PUTTAIAH
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AGED ABOUT 74 YEARS
BAIRAVESHWARA NILAYA
MARUTHI NAGAR MAIN ROAD
TUMAKURU - 572 101.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 & R2;
SRI. PRASANNA KUMAR S., ADVOCATE FOR R3;
SRI. S.S. PARIKSHITH & B.R. RAGHAVENDRA,
ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT NO.1 AND 2 TO PREPARE AND
PUBLISH THE VOTERS LIST AS ON DATE OF TAKING CHARGE,
CONSIDER ANY OBJECTIONS IF ANY, PUBLISH THE VOTERS
LIST AND HOLD ELECTIONS TO CONSTITUTE A MANAGING
COMMITTEE FORTHWITH IN ACCORDANCE WITH THE EARLIER
DECISION OF THIS HON'BLE COURT PASSED IN WP
NO.6867/2022 C/W 41142/2019 C/W 52736/2019 C/W
7982/2022 VIDE ORDER DATED 18.08.2022 PRODUCED AT
ANNEXURE-C.
IN WP NO.24615/2022
BETWEEN:
1. SRI. MANJUNATH C.G.
S/O GOPINATH C.S.
AGED ABOUT 37 YEARS
R/AT NO.1447/A, OPP. VENKATARAMANA TEMPLE
CHIKNAYAKANAHALLI
TUMKUR DISTRICT -572 214.
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2. SRI. CHANDRASHEKAR T.
S/O THIPPESWAMY
AGED ABOUT 38 YEARS
R/AT MADALURU POST
SIRA TALUK
TUMKUR DISTRICT - 572 137.
....PETITIONERS
(BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE DISTRICT REGISTRAR
REGISTRAR OF SOCIETIES
MINI VIDHANA SOUDHA
TUMKUR DISTRICT - 572 101.
3. THE ADMINISTRATOR
JILLA VOKKALIGARA SANGHA
B.H. ROAD, TUMKUR DISTRICT - 575 137
ALSO ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETY
OFFICE OF REGISTRAR OF
CO-OPERATIVE SOCIETY
TIPTUR TALUK
TUMKUR DISTRICT - 576 202.
4. SRI. P. KRISHNAPPA
S/O PUTTAIAH
AGED ABOUT 74 YEARS
R/AT BAIRAVESHWARA NILAYA
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MARUTHI NAGAR MAIN ROAD
TUMAKURU - 572 101.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 & R2;
SRI. PRASANNA KUMAR S., ADVOCATE FOR R3;
SRI. S.S. PARIKSHITH & B.R. RAGHAVENDRA,
ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE PUBLICATION DATED 21.11.2022 ISSUED BY
RESPONDENT NO.3 BEARING NO.NIL VIDE ANNEXURE-E.
IN WP NO.4462/2023
BETWEEN:
1. SRI. G.M. THIRUMALAIAH
S/O LATE MARIYAPPA
AGED ABOUT 68 YEARS
R/AT LAKSHMIVENKATESHWARA NILAYA
KEMPEGOWDA MAIN ROAD
2ND CROSS, SARASWATHIPURAM
TUMKUR - 572 105.
2. SRI. G. VISHWANATH
S/O T. GAVIRANGAIAH
AGED ABOUT 41 YEARS
R/AT SHREE RANGANATHASWAMY NILAYA
3RD CROSS, DEVARAJA URS
MAIN ROAD, SARASWATHIPURAM
TUMKUR - 572 105.
....PETITIONERS
(BY SRI. VINOD PRASAD, ADVOCATE)
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AND
1. STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE DISTRICT REGISTRAR
REGISTRAR OF SOCIETIES
MINI VIDHANA SOUDHA
TUMKUR DISTRICT - 572 101.
3. JILLA VOKKALIGARA SANGHA
NOW REPRESENTED BY ITS
ADMINISTRATOR
B.H. ROAD, TUMKUR DISTRICT - 575 137
ALSO ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETY
OFFICE OF REGISTRAR OF
CO-OPERATIVE SOCIETY
TIPTUR TALUK
TUMKUR DISTRICT - 576 202.
A SOCIETY REGISTERED UNDER
KARNATAKA SOCIETIES REGISTRATION ACT.
4. SRI. P. KRISHNAPPA
S/O PUTTAIAH
AGED ABOUT 74 YEARS
R/AT BAIRAVESHWARA NILAYA
MARUTHI NAGAR MAIN ROAD
TUMAKURU - 572 101.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 & R2;
SRI. S.S. PARIKSHITH & SRI. B.R. RAGHAVENDRA,
ADVOCATE FOR R4,
R3 SERVED)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT NO.3 TO CONSIDER THE
APPLICATIONS OF THE PEITIONERS CONCERNED IS REVEALED
IN ANNEXURE B AND D WHO ARE WAITING FOR LAST MANY
YEARS, BY GIVING AN OPPORTUNITY OF BEING HEARD TO ALL
SUCH PERSONS AND THEN PREPARE FINAL VOTERS LIST FOR
THE ELECTION TO BE HELD FOR THE MANAGING COMMITTEE
OF THE SANGHA.
THESE WRIT PETITIONS HAVING BEEN RESERVED FOR
ORDERS, COMING FOR PRONOUNCEMENT THIS DAY,
E.S. INDIRESH J., MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
CAV ORDER
1. In W.P.NO.1100/2023, petitioners have sought for a
direction to respondent Nos.1 and 2 to prepare and publish the
'voters list' as on date of taking charge, consider objections if
any, publish the 'voters list' and to hold election to constitute a
Managing Committee in terms of the Order of this Court dated
18.08.2022 in W.P.No.6867/2022 and connected writ petitions.
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2. In W.P.No.24615/2022, petitioners are assailing the
publication of the 'draft voters list' (Annexure-E), dated
21.11.2022, passed by the respondent No.3.
3. In W.P.No.4462/2023, petitioners are seeking a writ of
mandamus to direct the respondent No.3 to consider the
application made by the petitioners produced at Annexures-B
and D and then to prepare the final voters list for the election
to be held for the Managing Committee of the respondent No.3.
4. In W.P.No.1100/2023, it is argued by Sri. Monesh Kumar,
learned counsel for the petitioners, by referring to the decision
of this Court in W.P.No.6867/2022 and connected writ
petitions, wherein it is held that, the Administrator shall
prepare and publish the 'draft voters list' and the election shall
be held within three weeks of finalisation of the process and
therefore, sought for a direction to the respondent - authority
to conduct election by finalising the voters list as directed by
this Court.
5. In so far as the draft voters list prepared by the
Administrator, as per the letter dated 21.11.2022 (Annexure-E
in W.P.No.24615/2022), it is contended that, same cannot be
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given effect to, as the Administrator has no power to decide the
voters and it is the Managing Committee as per the resolution
has to prepare the draft voters list and in this regard, he refers
to the Judgment of this Court in the case of MAHARUDRAPPA
SIRSE Vs. STATE OF KARNATAKA & OTHERS reported in
1999 SCC OnLine KARNATAKA 121 and accordingly, sought for
interference of this Court.
6. Sri. Varun J. Patil, learned counsel appearing for the
petitioners in W.P.No.24615/2022, argued on similar lines with
Sri. Monesh Kumar in the connected writ petition and further
argued that, the respondent - authority / Administrator has
violated the direction issued by this Court in W.P.No.6867/2022
and connected cases, and accordingly sought for quashing the
publication of the draft voters list by the respondent No.3 vide
Annexure-E dated 21.11.2022.
7. Sri. Vinod Prasad, learned counsel for the petitioners in
W.P.No.4462/2023 argued that, the Governing Committee
without following the bye-law of the Society, enrolled the
voters/members illegally and therefore, the list prepared by the
Administrator in terms of the order passed by this Court has to
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be accepted by directing the respondent - authorities to
consider the representation/membership fee made by the
petitioners at Annexures - B and D.
8. Learned Additional Government Advocate sought to
justify the order passed by the respondent - authority by
enrolling the new members to the respondent - Sangha.
9. In the light of the submission made by the learned
counsel appearing for the petitioners and on careful
consideration of the order passed by this Court in
W.P.No.6867/2022 and connected writ petitions, operative
portion of the order reads as under:
" (i) The Administrator shall prepare and publish
the draft voters' list within three weeks and the
stake holders can file their objections to the draft
list within two weeks next following. The voters' list
shall be finalised within three weeks thereafter.
(ii) Election shall be held within next three weeks
of finalisation of the process.
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(iii) The computation of the period prescribed
hereinabove shall be reckoned from the date a copy
of this order is made available to be Administrator."
10. Thereafter, the Administrator appointed by the State has
prepared the draft voters list dated 21.11.2022(Annexure-E) in
W.P.No.4462/2023. In this regard, it is relevant to cite
relevant portion of the Judgment of Division Bench of this Court
in MAHARUDRAPPA SIRSE (supra), wherein, at paragraph
Nos.6 and 7 it is held as under:
" 6. He also relied upon another decision of the
Supreme Court in the case of T.
Ramegowda v. R. Krishnamurthy [AIR 1994 SC
85.] , wherein it was held that "enrolment of new
members done by the Special Officer while
exercising the powers under Section 30-A of the
Karnataka Co-operative Societies Act, 1959 is
without jurisdiction. In view of the above rulings
of the Supreme Court, we agree with the
contention of the learned Counsel for the
appellant that the 3rd respondent has no power
to enrol new members to the Society and that he
has to conduct the elections to the Managing
Committee of the members as on the rolls by the
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date 4-10-1996 of his first appointment as an
Administrator on supersession of the then
existing Managing Committee. We, therefore,
find it necessary to give a direction in this regard
to the 3rd respondent-Administrator. Since the
period of 3 months fixed, for holding the election
to the Managing Committee, by the learned
Single Judge in the impugned order has expired,
we find it necessary to extend the said period till
6-4-1999.
7. In the result, this appeal is allowed in part.
All the steps taken to enrol new members by the
3rd respondent-Administrator are declared as
null and void. The direction given to the 3rd
respondent-Administrator to hold the election to
the Managing Committee of the Society and
thereafter to hand-over administration to the
elected body by issue of a writ of mandamus, is
confirmed. Respondent 3-Administrator is further
directed not to enrol any new members and to
conduct the election to the Managing Committee
of the Society with the members as on the rolls
by the date of his initial appointment, on
supersession of the then existing Managing
Committee i.e., 6-10-1996 in accordance with
the provisions of the Act, Rules and Bye-laws of
the Society, by 6-4-1999 and to hand-over
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administration to the newly elected Managing
Committee. No costs."
(underlined by me)
11. Following the declaration of law made by this Court
referred to above, I am of the view that, no new members to
the respondent - Sangha have to be enrolled except only by
way of the provision provided under the Bye-laws of the
Sangha that too, by the Managing Committee of the Sangha
and not by an Administrator / respondent No.3.
12. It is required to be made clear that any induction of new
members by Administrator is without jurisdiction and the
Administrator has to conduct election to the Managing
Committee of the Sangha, taking into account, the prevailing
voters list of the Sangha as on the date the Administrator has
been appointed and not subsequently and therefore, I pass the
following:
ORDER
(i) Writ Petitions are disposed of.
(ii) Writ of mandamus is issued to the Assistant
Registrar of Co-operative Societies and Administrator
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(respondent No.2 in W.P.No.1100/2023) to publish the voters
list as was existing on the date of his appointment to the post
of Administrator to the respondent - Sangha and to conduct
election to the respondent - Sangha, by following the Order of
this Court in W.P.No.6867/2022 and connected writ petitions,
and further considering the decision in the case of
MAHARUDRAPPA SIRSE (supra), at the earliest, within a period
of two months from the date of receipt of certified copy of this
order, upon following procedure contemplated under the
relevant enactment.
(iii) The draft voters list dated 21.11.2022(Annexure-E)
in W.P.No.24615/2022, prepared by the Administrator -
respondent - authority, is hereby quashed.
(iv) Pending I.As. if any, shall stand disposed of as not
surviving for consideration.
SD/-
(E.S.INDIRESH)
JUDGE
sac
List No.: 1 Sl No.: 53
