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Karnataka High Court
Ninganagouda S/O Adiveppagouda Police ... vs The State Of Karnataka on 9 February, 2026
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NC: 2026:KHC-D:1822
WP No. 100846 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.100846 OF 2026 (CS-EL/M)
BETWEEN:
NINGANAGOUDA
S/O. ADIVEPPAGOUDA POLICE PATIL,
AGE. 65 YEARS, OCC. AGRICULTURE,
R/AT. GANDHINAGAR, GOKUL ROAD,
TQ. HUBBALLI, DIST. DHARWAD,
KARNATAKA-580030.
...PETITIONER
(BY SRI. HIRANKUMAR PATEL, ADVOCATE)
AND:
1) THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION
VIKAS SOUDHA, BANGALORE - 560 001.
2) THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
GOVT OF KARNATAKA
Digitally signed by NO.1, ALI- ASKAR ROAD,
CHANDRASHEKAR
LAXMAN KATTIMANI BENGALURU - 560 052.
Location: HIGH
COURT OF 3) CO-OPERATIVE ELECTION AUTHORITY,
KARNATAKA
REPRESENTED BY ITS SECRETARY,
3RD FLOOR, SHANTINAGAR,
T.T.M.C, "A" BLOCK, SHANTINAGAR,
BENGALURU - 560 027.
4) JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
BELAGAVI DIVISION, AT BELAGAVI
NO.5, UDAYA BUILDING, P.M ROAD,
SHAHAPUR, BELAGAVI - 590 001.
5) RETURNING OFFICER,
PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD.,
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AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581212.
6) THE CHIEF EXECUTIVE OFFICER
PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD.,
AT: SURASETTIKOPPA, KALAGHATAGI,
DIST. DHARWAD, KARNATAKA, 581212.
7) ADIVEPPAGOUDA S/O. BHARAMAGOUDA MURALI
AGE: 54 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
8) BASAVARAJ S/O. SHIVAPPA HOSAMANI
AGE: 45 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
9) GADIGEPAGOUDA GANGANAGOUDA NADUVINMANI
AGE: 40 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
10) GANGANAGODA CHANNAPPAGOUDA MURALLI
AGE: 45 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
11) ISHWARGOUDA S/O. NINGANAGOUDA NADUVINMANI
AGE: 42 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
12) MUTTANNA S/O. NINGAPPA PEERAPPANNAVAR
AGE: 50 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
13) MANJUNATH S/O. NINGAPPA SHEELAVANTRA
AGE: 51 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
14) MAHESH BASAVANNEPPA HOSAMANI
AGE: 47 YEARS, OCC: AGRICULTURE
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WP No. 100846 of 2026
HC-KAR
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
15) NINGAPPA S/O. BHARAMAPPA MURALLI
AGE: 46 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
16) SHIVALINGAPPA BASAPPA HONNALLI
AGE: 43 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
17) CHANDRASHEKHAR S/O. BASAVANNEPPA SHEELAVANTRA
AGE: 53 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
18) MANJUNATH NONGAPPA BENNI
AGE: 35 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
19) LAKSHMI W/O. GANGAPPA CHATTNI
AGE: 46 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196 .
20) PARAVVA W/O. SHEKHAPPA MUGALI
AGE: 48 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
21) SHANKRAVVA W/O. PRAKASH SHEELAVANTRA
AGE: 49 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
22) GADIGEPPA S/O. CHANNAPPA KALBHAVI
AGE: 52 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
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23) MANJUNATHGOUDA S/O. SHANKARGOUDA MURALLI
AGE: 51 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
24) BHARAMAPPA S/O. HULIGAPPA HIRIJAN
AGE: 50 YEARS, OCC: AGRICULTURE
R/AT: SURASETTIKOPPA, KALAGHATAGI,
DIST: DHARWAD, KARNATAKA, 581-196.
25) HANAMANTGOUDA S/O. MALLANAGOUDA PATIL
AGE: 53 YEARS, OCC: AGRICULTURE
R/AT: NAGNUR VILLAGE, SURASETTIKOPPA,
KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196.
...RESPONDENTS
(BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO; A) ISSUE A WRIT OF
CERTIORARI QUASHING THE FINAL VOTERS LIST AS ISSUED BY
RESPONDENT NO. 5 AND 6, MARKED AT ANNEXURE D IN SO FAR AS
THE PETITIONER IS CONCERNED. B) ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO SET-ASIDE THE VOTING
CONDUCTED ON DATED 28/01/2026 AND TO CONDUCT FRESH
ELECTIONS TO THE BOARD OF RESPONDENT NO.5 AND 6 SOCIETY
AFTER PREPARING A LAWFUL VOTERS' LIST BY INCLUDING THE
PETITIONER AS AN ELIGIBLE VOTER AND BY STRICTLY COMPLYING
WITH THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959 AND THE RULES FRAMED THEREUNDER. C)
ISSUE ANY SUCH OTHER WRIT, DIRECTION OR ORDER AS THIS
HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE
CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 100846 of 2026
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CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following
prayer:
"PRAYER
Wherefore it is most respectfully prayed that
this Hon'ble Court may be pleased to;
a) Issue a Writ of Certiorari quashing the final
voters list as issued by Respondent No.5 and 6,
marked at Annexure D in so far as the petitioner is
concerned.
b) Issue a writ of Mandamus directing the
respondents to set-aside the voting conducted on
dated 28/01/2026 and to conduct fresh elections
to the Board of Respondent No.5 and 6 Society
after preparing a lawful voters' list by including
the petitioner as an eligible voter and by strictly
complying with the provisions of the Karnataka
Co-operative Societies Act, 1959 and the Rules
framed thereunder.
c) Issue any such other writ, direction or order as
this Hon'ble Court deems fit under the
circumstances of the case in the interest of Justice
and equity."
2. Learned counsel for the petitioner has made submissions
with regard to the manner in which the election is conducted and
the manner in which the final list is prepared. But the relief that
is sought by the petitioner is to quash the final voters list and to
set aside the voting conducted on 28.01.2026.
NC: 2026:KHC-D:1822
HC-KAR
3. Learned High Court Government Pleader appearing for
respondent Nos.1 to 4 submits that the petitioner has a remedy
under Section 70(2)(e) of the Karnataka Co-operative Societies
Act, 1959 and he cannot file a writ petition. Section 70(2)(e) of
the Act reads thus:
"70. Disputes which may be referred to Registrar for
decision.-
(2) For the purposes of sub-section (1), the following
shall be deemed to be disputes touching the
constitution, management or the business of a co-
operative society, namely:--
(e) a claim by a co-operative society for any deficiency
caused in the assets of the cooperative society by a
member, past member, deceased member or deceased
officer, past agent or deceased agent or by any servant,
past servant or deceased servant or by its *board*, past
or present whether such loss be admitted or not."
4. In the light of the fact that all these disputes can be
raised before the Registrar and can be decided by the Registrar,
this Court is not inclined to go into all these aspects. Hence, this
Court is passing the following:
ORDER
i. Accordingly, the writ petition is disposed of
giving liberty to the petitioner to avail
appropriate remedy under Section 70(2)(e) of
the Karnataka Co-operative Societies Act, 1959.
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ii. All I.As. in this petition shall stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
MEG
CT: UMD
List No.: 1 Sl No.: 10
