Karnataka High Court
Mahabaleshwar S/O Nagesh Hegde ... vs The State Of Karnataka on 25 October, 2025
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NC: 2025:KHC-D:14259
WP No. 107884 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT PETITION NO. 107884 OF 2025 (CS-EL/M)
BETWEEN:
MAHABALESHWAR S/O. NAGESH HEGDE,
DIRECTOR,
DELEGATE OF NANDOLLI VIVIDODDESHA PRATHAMIKA
GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA,
NANDOLLI, TQ. YALLAPUR,
DIST. UTTARA KANNADA-581359.
...PETITIONER
(BY SRI. GOODWALA SADIQALI NAZEER, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY. ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
YASHAVANT M.S. BUILDING, BENGALURU-560006.
NARAYANKAR
Digitally signed by
YASHAVANT
NARAYANKAR
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
Date: 2025.10.28
11:27:35 +0530 3RD FLOOR, SHANTI NAGAR, TTMC,
A BLOCK, K.H. ROAD, SHANTI NAGAR,
BENGALURU-560027, BY ITS COMMISSIONER.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES AND INSPECTION OFFICER KDCC BANK,
SIRSI, DIST. UTTARA KANNADA-581401.
4. THE RETURNING OFFICER
AND DEPUTY COMMISSIONER OF
KDCC BANK, TQ. SIRSI,
DIST. UTTARA KANNADA-581401.
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WP No. 107884 of 2025
HC-KAR
5. KENERA DISTRICT CENTRAL CO-OPERATIVE
BANK LIMITED,
SIRSI AND ELECTION OFFICER AND
ASSISTANT COMMISSIONER, SIRSI,
DIST. UTTARA KANNADA.
6. THE MANAGING DIRECTOR
KDCC BANK LTD,
DIST. UTTARA KANNADA-581129.
7. NANDOLLI VIVODODDESHA PRATHAMIKA
GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA,
NANDOLLI, TQ. YALLAPUR,
DIST. UTTARA KANNADA-581359.
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, AGA FOR R1, R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO A) A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED
ENDORSEMENT DATED 23.10.2025 IN NO.KDCC/CHUNAVANE/
VIVA/2025-26 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE-
B. B) PASS SUCH OTHER ORDERS AS THIS HONBLE COURT
DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE,
INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 107884 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Learned counsel appearing for the petitioner submits
that the delegation of respondent No.6 in WP
No.107510/2025 was struck down on the ground that he
had participated in two elections earlier. Thereafter, the
petitioner was issued with the delegate form for voting to
be held today until 04.00 p.m. to the Board of the
respondent No.6/KDCC Bank, Uttarakannada. In an earlier
petition, this Court has noticed that the disqualification to
participate in the election on the basis of the disclosures in
delegate forms was known to the Primary Society and still it
had given such delegate form and as such the
disqualification would before Society also.
2. It is pertinent to note that, by the time this
petition was heard, it is 04:02 p.m. and the time for
election is over. Secondly the Bar contained in Section
21(3) of the Karnataka Co-Operative Societies Act, 1959
NC: 2025:KHC-D:14259
HC-KAR
only disables the delegate or it would disable the Primary
Society itself is a matter to be considered. In another
petition which was disposed of by this Court, there was a
specific order, where the disqualification was not brought to
the notice of the Election Officer, when the nomination for
member of the Board was filed. Therefore, the judgment of
this Court in W.P. No.107793/2025 may not be applicable
mutatis mutandis.
3. However the time for voting having been over,
no purpose would be served even if the contentions are
considered, and as such this petition has become
infructuous. Therefore, the same is disposed of as
infructuous.
SD/-
(C M JOSHI)
JUDGE
SSP
CT:PA
