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Karnataka High Court
Rajuhipparagi vs The State Of Karnataka on 12 February, 2026
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WA No. 200052 of 2026
C/W WA No. 200053 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO. 200052 OF 2026 (CS-EL/M)
C/W
WRIT APPEAL NO. 200053 OF 2026 (CS-EL/M)
IN WA No. 200052/2026
BETWEEN
RAJU HIPPARAGI
S/O MADIWALAPPA HIPPARAGI,
AGED ABOUT 63 YEARS,
MANAGING DIRECTOR,
Digitally signed
ZILLA HORTICULTURAL,
by SACHIN PRODUCE GROWERS CO-OPERATIVE MARKETING
Location: HIGH AND PROCESSING SOCIETY LTD.,
COURT OF NO.46, ANANDAMOHALLA COMPOUND,
KARNATAKA
VIJAYAPURA.
...APPELLANT
(BY SRI D.R.RAVISHANKAR, SENIOR ADVOCATE FOR
SRI SANDEEP VIJAYKUMAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BANGALORE - 560 001.
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WA No. 200052 of 2026
C/W WA No. 200053 of 2026
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REPRESENTED BY ITS SECRETARY.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETY,
ALI ASKAR ROAD, BENGALURU - 560 012.
3. THE REGIONAL COMMISSIONER/ELECTION OFFICER,
APEX CO-OPERATIVE SOCIETIES,
BENGALURU DIVISION, 2ND FLOOR,
BMTC BUILDING, K.H. ROAD
SHANTI NAGAR, BENGALURU - 560 027.
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTHI NAGAR T.T.M.C.
'A' BLOCK, SHANTHI NAGAR, BANGALORE - 27.
REPRESENTED BY ITS SECRETARY.
5. THE KARNATAKA STATE CO-OPERATIVE
HORTICULTURE MARKETING FEDERATION LIMITED,
BINNI MILL ROAD, BENGALURU - 560 023.
REPRESENTED BY ITS MANAGING DIRECTOR.
6. THE RETURNING OFFICER/LAND ACQUISITION
OFFICER, KIADB THE KARNATAKA,
STATE CO-OPERATIVE HORTICULTURE,
MARKETING FEDERATION LIMITED,
BINNI MILL ROAD, BENGALURU - 560 023.
7. THE DIRECTOR OF HORTICULTURE AND
EX-OFFICIO ADDITIONAL REGISTRAR OF COOPERATIVE
SOCIETIES, LALBAGH, BENGALURU.
8. HORTICULTURAL PRODUCE GROWERS CO-OPERATIVE
MARKETING AND PROCESSING SOCIETY LTD.,
KALABURAGI AND YADGIR - 585 102,
REPRESENTED BY ITS MANAGING DIRECTOR.
9. BASWARAJ PATIL
S/O RUDRAPPA PATIL
AGE: 65 YEARS,
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WA No. 200052 of 2026
C/W WA No. 200053 of 2026
HC-KAR
OCC: AGRICULTURE,
R/O: UDGI VILLAGE, TALUK SEDAM,
DIST : KALABURAGI - 585 222.
.....RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1 TO R4 AND R6;
SRI AMARESH S.ROJA AND SRI SIDDALING REDDY,
ADVOCATES FOR R8 AND R9)
THIS WA IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
INTERIM ORDER DATED 09.02.2026 PASSED IN
W.P.NO.200591/2026 BY THE LEARNED SINGLE JUDGE AND
ETC.
IN WA NO. 200053/2026
BETWEEN
RAJU HIPPARAGI
S/O MADIWALAPPAHIPPARAGI,
AGED ABOUT 63 YEARS,
MANAGING DIRECTOR,
ZILLA HORTICULTURAL
PRODUCE GROWERS CO-OPERATIVE MARKETING
AND PROCESSING SOCIETY LTD.,
NO.46, ANANDA MOHALLA COMPOUND,
VIJAYAPURA.
...APPELLANT
(BY SRI D.R.RAVISHANKAR, SENIOR ADVOCATE FOR
SRI SANDEEP VIJAYKUMAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BANGALORE - 560 001.
REPRESENTED BY ITS SECRETARY.
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WA No. 200052 of 2026
C/W WA No. 200053 of 2026
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2. THE REGISTRAR OF CO-OPERATIVE SOCIETY,
ALI ASKAR ROAD, BENGALURU - 560 012.
3. THE REGIONAL COMMISSIONER/
ELECTION OFFICER,
APEX CO-OPERATIVE SOCIETIES,
BENGALURU DIVISION, 2ND FLOOR,
BMTC BUILDING, K.H. ROAD
SHANTI NAGAR, BENGALURU - 560 027.
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTHI NAGAR T.T.M.C.
'A' BLOCK, SHANTHI NAGAR, BANGALORE - 27.
REPRESENTED BY ITS SECRETARY.
5. THE KARNATAKA STATE CO-OPERATIVE
HORTICULTURE MARKETING FEDERATION LIMITED,
BINNI MILL ROAD, BENGALURU - 560 023.
REPRESENTED BY ITS MANAGING DIRECTOR.
6. THE RETURNING OFFICER/
LAND ACQUISITION OFFICE, KIADB
THE KARNATAKA STATE CO-OPERATIVE
HORTICULTURE MARKETING FEDERATION LIMITED,
BINNI MILL ROAD, BENGALURU - 560 023.
7. THE DIRECTOR OF HORTICULTURE AND
EX-OFFICIO ADDITIONAL REGISTRAR OF
COOPERATIVE SOCIETIES, LALBAGH,
BENGALURU.
8. HORTICULTURAL PRODUCE GROWERS
CO-OPERATIVE MARKETING AND
PROCESSING SOCIETY LTD.,
KALABURAGI AND YADGIR - 585 102,
REPRESENTED BY ITS MANAGING DIRECTOR.
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WA No. 200052 of 2026
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9. SRI SHANKAR REDDY
S/O GOPAL REDDY,
AGE: 41 YEARS,
OCC: PRESIDENT,
HORTICULTURAL PRODUCE GROWERS
CO-OPERATIVE MARKETING AND
PROCESSING SOCIETY LTD.,
RAICHUR - 585 102.
R/O: H.NO.7-6-207, VASAVI NAGAR,
RAICHUR DIST, RAICHUR - 584 103.
.....RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1 TO R4 AND R6;
SRI AMARESH S.ROJA, ADVOCATES FOR CR8 & 9)
THIS WA IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING SET ASIDE THE
INTERIM ORDER DATED 09.02.2026 PASSED IN
W.P.NO.200590/2026 BY THE LEARNED SINGLE JUDGE
AND ETC.
THESE WRIT APPEALS, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ)
These two appeals are filed challenging an interim
order dated 09.02.2026 passed by the learned Single
Judge in W.P.No.200591/2026 and W.P.No.200590/2026.
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2. Briefly put, the facts as pleaded in the writ
appeals are that some members of the respondent No.5
were treated as ineligible to vote at the elections to the
managing committee of the respondent No.5 scheduled on
15.02.2026. Those ineligible members initiated
proceedings under Section 70 of the Karnataka Co-
operative Societies Act, 1959 (henceforth referred to as
'the KCS Act, 1959') challenging their inclusion in the
ineligible voters list and exclusion from the eligible voters
list. An interim order was granted by the officer under
Section 70 of the KCS Act, 1959 permitting those ineligible
members to vote at the elections and the votes so cast
were ordered to be kept in a separate ballot box by the
returning officer, till the disposal of the case. This order
was stayed by the Regional Commissioner. As a
consequence, those ineligible members whose names
appeared in the ineligible voters list were excluded from
the voters list and their nominations were rejected. This
rejection was challenged before a learned Single Judge of
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this Court in W.P.No.200591/2026 and
W.P.No.200590/2026. The learned Single Judge in terms
of an interim order dated 09.02.2026 permitted those
ineligible members to cast their votes in the election
scheduled on 15.02.2026 and in the same vein held that
the results of the election shall not be declared without the
leave of the Court.
3. The appellants herein contends that they are
contesting the election scheduled on 15.02.2026 and that
the learned Single Judge ought to have directed the votes
cast by the ineligible members to be kept in a separate
ballot box, so that in the event the writ petitions are
dismissed, those votes could be excluded from the
counting process. They therefore contend that the interim
order granted by the learned Single Judge should be
fortified by holding that the votes cast by those ineligible
members shall be kept in a separate ballot box.
4. The learned Senior counsel for the appellants
reiterated the above submission and submitted that the
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votes cast by the above ineligible members should be
separately kept so as to maintain clarity and to take
necessary steps after disposal of the writ petitions.
5. The learned counsel for the respondent Nos.8
and 9 however contends that the appellants have no locus
standi to file these writ appeals as they were not parties
before the learned Single Judge as well as before the
authorities under Section 70 of the KCS Act, 1959. He
therefore contends that no indulgence can be shown to the
appellants in these appeals.
6. We have considered the submissions made by
the learned counsel for the appellants as well as the
learned counsel for the contesting respondent Nos.8 and
9.
7. The relief sought for in these appeals is very
innocuous as the learned Single Judge while permitting the
ineligible members to cast their votes had also held that
the results of the election shall not be declared. However,
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the learned Single Judge ought to have directed the votes
so cast to be kept in a separate ballot box, so that the
same could be discerned after the disposal of the writ
petitions, and could be excluded in case the writ petitions
were dismissed. Therefore, the apprehension of the
learned Senior Counsel for the appellants that if the votes
are inextricably mixed up, it would be difficult for
identifying the votes cast by those ineligible members.
8. Insofar as the contention of the learned counsel
for the respondent Nos.5 that the appellants have no locus
standi to challenge the order passed by the learned Single
Judge, it is relevant to note that the appellants are
contestants in the election scheduled on 15.02.2026. In
the event, the votes cast by the ineligible voters are mixed
up, then it would be well-nigh impossible to identify the
votes so cast. This could also result in vitiating the
elections and may result in conducting fresh election.
Therefore, the appellants have some semblance of a locus
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standi to challenge the order passed by the learned Single
Judge to a limited extent.
9. Hence these two writ appeals are disposed off
holding that the votes cast by the ineligible members at
the elections to the managing committee of respondent
No.5 scheduled on 15.02.2026 pursuant to the order dated
09.02.2026 in W.P.No.200591/2026 and W.P.
No.200590/2026 shall be kept in a separate ballot box.
10. It is needless to mention, in case, if the
appellants herein files an application before the learned
Single Judge for impleading, their locus standi to contest
the writ petitions shall be decided independently.
Sd/-
(R.NATARAJ)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SN
List No.: 1 Sl No.: 12
