[Cites 3, Cited by 0]
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
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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.
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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
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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
