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Karnataka High Court
Hanamantgouda Lenkanagouda Patil vs The State Of Karnataka on 10 March, 2026
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WP No. 100286 of 2026
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.100286 OF 2026 (CS-EL/M)
BETWEEN:
1. HANAMANTGOUDA LENKANAGOUDA PATIL,
AGE: 62 YEARS, OСС: AGRICULTURE,
R/O: JUNNUR, TQ: MUDHOL,
DIST: BAGALKOT-587 204.
2. VIVEK S/O. VASANT KAKARADDI,
AGE: 45 YEARS, OСС: AGRICULTURE,
R/O: NEAR SHIVAJI CIRCLE, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT-587 313.
3. SHRISHAIL S/O. MALLAPPA GURAV,
AGE: 40 YEARS, OСС: AGRICULTURE,
R/O: NEAR GANDHI CIRCLE, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT-587 313.
VIJAYALAKSHMI
M KANKUPPI 4. AJITH S/O. RAMESH PATIL,
AGE: 35 YEARS, OCC: AGRICULTURE,
Digitally signed by R/O: JAMBAGI K.D., TQ: MUDHOL,
VIJAYALAKSHMI
M KANKUPPI DIST: BAGALKOT-587 112.
Date: 2026.03.12
11:08:43 +0530
5. DYAVAPPA S/O. SOMALINGAPPA NAYAK,
AGE: 58 YEARS, OСС: AGRICULTURE,
R/O: MUDDAPUR VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
...PETITIONERS
(BY SRI. JAYAKUMAR S.PATIL, SR. COUNSEL FOR
SRI. GIRISH A.YADAWAD, ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BENGALURU-560 001.
2. THE CO-OPERATIVE ELECTION AUTHORITY,
BY ITS COMMISSIONER, 3RD FLOOR,
T.T.M.C BUILDING, A-BLOCK, SHANTI NAGAR,
BENGALURU-560 027.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
BENGALURU, CENTRAL OFFICE, NO.1,
AMBEDKAR ROAD, BENGALURU-560052.
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,
BAGALKOT, NAVANAGAR, BAGALKOT,
TQ: BAGALKOT, DIST: BAGALKOT-587 101.
5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301.
6. THE RETURNING OFFICER,
THE MUDHOL TALUKA AGRICULTURE PRODUCE
CO-OPERATIVE MARKETING SOCIETY, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT-587 313.
7. THE MUDHOL TALUKA AGRICULTURE PRODUCE
CO-OPERATIVE MARKETING SOCIETY, MUDHOL,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
TQ: MUDHOL, DIST: BAGALKOT-587 301.
8. THE IN-CHARGE MANAGER,
THE MUDHOL TALUKA AGRICULTURE PRODUCE
CO-OPERATIVE MARKETING SOCIETY, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT-587 313.
9. SHIVAKUMAR S/O. SANGAPPA MALAGHAN,
AGE: 63 YEARS, OСС: AGRICULTURE AND MEMBER,
R/O: MUDHOL TOWN, TQ: MUDHOL,
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DIST: BAGALKOT-587 313.
10. SAIDU BHOVI S/O. LAXMAN BHOVI,
AGE: 59 YEARS, OСС: AGRICULTURE AND MEMBER,
R/O: MUDHOL TOWN, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
11. LAXMAN S/O. BHIMAPPA KOLLANNAVAR,
AGE: 52 YEARS, OСС: AGRICULTURE AND MEMBER,
R/O: HALAGALI VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
12. ARJUN S/O. HANUMANTHAGOUDA PATIL,
AGE: 52 YEARS, OСС: AGRICULTURE AND MEMBER,
R/O: JAMBAGI K D VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
13. MANJUNATH S/O. TAMMANNAPPA ARALIKATTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: CHINCHAKANDI B K VILLAGE,
TQ: MUDHOL, DIST: BAGALKOT-587 113.
14. MAHALINGAPPA S/O. BALAPPA SANADI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: SAIDAPUR VILLAGE, TQ: RABAKAVI-BANAHATTI,
TQ: MUDHOL, DIST: BAGALKOT-587 316.
15. MARUTI S/O. KARIYAPPA RANGANNAVAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
16. SANTOSH S/O. BHIMAPPA PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: CHANNAL VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
17. SMT. ASHA W/O. RAVI UDAPUDI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: YADAHALLI VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
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18. SMT. HEMA W/O. GIRISH LAXANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: YADAHALLI VILLAGE, TQ: MUDHOL,
DIST: BAGALKOT-587 313.
19. TIRUPATI S/O. CHINNAPPA BANDIWADDAR,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. BANDIWADDAR GALLI, MUDHOL,
TQ. MUDHOL, DIST. BAGALKOT-587313.
...RESPONDENTS
(BY SMT. KIRTILATA R.PATIL, HCGP FOR R1 TO R6;
SRI. SOURABH HEGDE, ADVOCATE FOR R9 TO R12;
SRI. SUNIL KHOT, ADVOCATE FOR R13 TO R19)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO
QUASH THE ORDER DATED 30.12.2025 PASSED BY THE
RESPONDENT NO.4 IN APPEAL-NO/DRBGK/ABN/CR-
705/SECTION-70(1)/2025-26 VIDE ANNEXURE-J, IN THE
INTEREST OF JUSTICE AND EQUITY. B) PASS SUCH OTHER
ORDER OR ORDERS WHICH THIS HON'BLE COURT DEEMS FIT
AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. The petitioner filed this writ petition challenging the
order dated 30.12.2025 passed by respondent No.4 in Appeal
No.DRBGK/ABN/CR-705/Section-70(1)/2025-26.
2. Brief facts leading rise to the filing of this writ
petition are follows:
3. Respondent No.6 published the calendar of events
for holding election to the 7th respondent society on 29.09.2025.
6th respondent published the final list of eligible and ineligible
voters for the non-borrowers' constituency of the 7th respondent
society on the same day. Some of the ineligible candidates
approached this Court in Writ Petition No.108782./2025 and
other connected matters. This Court granted an interim order
permitting the ineligible candidates to cast their vote in the
election to the Mudhol TAPCMS by withholding the declaration of
the election results.
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4. Voting took place on 23.11.2025 but the election
results was not declared in view of the imposition of condition
in the interim order granted by this Court in the aforesaid writ
petitions. The Co-ordinate Bench of this Court, after hearing the
learned counsel for the parties, disposed of the writ petition by a
common order dated 26.11.2025 and directed the Returning
Officer to announce the results including the votes cast by the
petitioners therein. Further, respondent No.9 filed an appeal
challenging the order passed in the aforesaid writ petitions in
W.A. No.100771/2025. The Division Bench dismissed the writ
appeal. Respondent No.6 counted the votes and declared the
results of the election. The petitioners were declared as elected
candidates and respondent Nos.9 to 12 were declared as the
defeated candidates. Respondent Nos.9 to 12 filed a dispute
before respondent No.4-Deputy Registrar of Co-operative
Societies under Section 70(1)(2)(c) of the Karnataka Co-
operative Societies Act, 1959 (hereinafter referred to as 'the
Act', for short) and in the said dispute, respondent Nos.9 to 12
filed an interlocutory application not to conduct any election to
the post of President and Vice President. Respondent No.4
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passed the impugned order vide Annexure-J. The impugned
order is an exparte ad interim order. Hence, this writ petition.
5. Heard Sri. Jayakumar S. Patil, learned senior counsel
for the petitioners and the learned counsel Sri. Sourabh Hegde
for respondent Nos.9 to 12.
6. Learned senior counsel for the petitioners submits
that the impugned order passed by the 4th respondent is
contrary to the principles laid down by the Hon'ble Apex Court in
the case of Supreme Court Bar Association and others v. B.D.
Kaushik1. Respondent No.4 before passing the impugned order
has not heard the petitioners and the impugned order passed by
the respondent No.4 is arbitrary and erroneous. Hence, on these
grounds, he prays to allow the writ petition.
7. Per contra, learned counsel for the respondents
submits that it is an exparte ad interim order. The petitioners
without filing objections to the said application and an application
2011 (13) SCC 774
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for vacating the ad interim order, have filed this writ petition.
The writ petition filed by the petitioners is not maintainable.
Hence, on these grounds, he prays to dismiss the writ petition.
8. Perused the records and considered the submissions
of the learned counsel for the parties.
9. It is an undisputed fact that the election to the post
of directors of respondent No.7 society was held on 23.11.2025.
Some of the ineligible voters approached this Court in Writ
Petition No. 108782/2025 and the other connected matters. The
Co-ordinate Bench of this Court vide order dated 26.11.2025
disposed off the writ petition directing the Returning Officer to
announce the results forthwith including the votes cast by the
petitioners. Respondent No.9 filed an appeal in W.A.
No.100771/2025. The Division Bench of this Court vide order
dated 16.12.2025 dismissed the writ appeals holding that the
appellants have no locus to challenge the order of the learned
Single Judge, more so when respondent No.7 therein has not
chosen to challenge the order of the learned single judge.
Respondent Nos.9 to 12 approached the Deputy Registrar of Co-
operative Society under Section 70(1)(2)(c) of the Act along
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with an interlocutory application to stay the election for the
post of President and Vice President. The election to the post of
President and Vice President was scheduled to be held on
02.01.2026 for the board of management of respondent No.7
society. Respondent No.4 has allowed the application and stayed
the election for the post of president and Vice president
scheduled to be held on 02.01.2026 for the board of
Management of respondent No.7-society. Admittedly, the
impugned order passed by respondent No.4 is an ad interim
order. The petitioners without approaching respondent No.4 filed
this writ petition i.e., the petitioners have neither filed objections
nor an application for vacating the ad interim order. Thus, the
writ petition filed by the petitioners is not maintainable.
10. Accordingly, writ petition is dismissed reserving
liberty to the petitioners to file objections to the applications
within one week and thereafter respondent No.4 is directed to
consider the objections, hear both sides and pass appropriate
orders within one week from the date of receipt of objection by
the petitioners.
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All the contention of the parties are kept open.
Pending applications, if any shall stand disposed off.
Sd/-
(ASHOK S. KINAGI)
JUDGE
kmv
CT: UMD
