[Cites 3, Cited by 0]
Karnataka High Court
Vittalreddy vs The Joint Registrar on 23 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201194 of 2026
C/W WP No. 201218 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201194 OF 2026 (CS-RES)
C/W
WRIT PETITION NO. 201218 OF 2026 (CS-EL/M)
IN WP No. 201194/2026:
BETWEEN:
SRI ASHOK S/O ANNA RAO,
AGE ABOUT 50 YEARS, OCC: DIRECTOR AINAPUR
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD,
AINAPUR VILLAGE, TQ. CHICHOLI,
DIST. KALABURAGI NOW ELECTED AS DIRECTOR OF
KALABURAGI-BIDAR AND YADGIR CO-OPERATIVE
MILK PRODUCERS' SOCIETIES UNION LTD
Digitally signed by
KALABURAGI.
SWETA KULKARNI
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA (BY SRI. HALALLI S. S., ADVOCATE)
AND:
1. THE JOINT REGISTRAR
OF CO OPERATIVE SOCIETIES,
KALABURAGI REGION, 1ST FLOOR, NEHARU GUNJ,
KALABURAGI-585104.
2. DR. DIVAKAR RAO
S/O KRISHNARAO JAHAGIRDAR,
AGED ABOUT 64 YEARS, PRESIDENT,
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WP No. 201194 of 2026
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RANAPURA MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD., RANAPURA VILLAGE,
CHINCHOLI TALUKA KALABURAGI DISTRICT-585307.
3. VITTALREDDY S/O KRISHNAREDDY,
AGED ABOUT 64 YEARS, DIRECTOR (DELEGATED),
BENAKANAHALLI MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD.,
BENAKANAHALLI VILLAGE, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
4. CHITRALEKHA W/O PRATAPREDDY,
AGE: MAJOR, PRESIDENT,
SULEPETH WOMEN MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD SULEPETH, CHINCHOLI TALUKA,
KALABURAGI DISTRICT.
5. VEERASHETTY S/O SHIVARAY,
AGE ABOUT 51 YEARS, DIRECTOR OF SHIKARA MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD.,
SHIKARA MOTAKAPALLI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
6. KALLAPPA S/O GUNDAPPA,
AGE MAJOR, DIRECTOR OF YAMPALLI MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD.,
YAMPALLI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
7. GHALLAPPA S/O GUNDAPPA,
AGE: MAJOR, DIRECTOR OF CHENGTA MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD.,
CHENGTA, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
8. BHEEMAREDDY S/O RAMAREDDY,
AGED ABOUT 48 YEARS, DIRECTOR OF DEGULMADI
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD
DEGULMADI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
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9. SHEKARA S/O SHAMARAO,
AGED ABOUT 44 YEARS, PRESIDENT OF
GADILINGADAHALLI MILK PRODUCERS CO-
OPERATIVE SOCIETY LTD GADILINGADAHALLI,
CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
10. NAGAMMA W/O BASAVARAJ,
AGED ABOUT 44 YEARS, PRESIDENT OF
HUVINABHAVI MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD HUVINABHAVI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
11. MALLIAKRJUN S/O NAGANNA,
AGED MAJOR PRESIDENT OF IVANI MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD IVANI,
CHINCHOLI TALUKA, KALABURAGI DISTRICT-
585307.
12. THE RETURNING OFFICER,
KALABURAGI-BIDAR AND YADGIR
CO-OPERATIVE MILK PRODUCERS' SOCIETIES UNION
LTD., KALABURAGI AND THE ASST. COMMISSIONER,
KALABURAGI, KALABURAGI-585104
...RESPONDENTS
(BY SRI MALHARA RAO, AAG ALONG WITH
SRI SHESHADRI JAISHANKAR M., AGA FOR R1;
SRI VENKATESH C. MALLABADI, ADVOCATE FOR C/R2;
V/O DTD. 13.03.2026 NOTICE TO R3 TO R11 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER IN THE
LIKE NATURE QUASHING AN ORDER AN ORDER DATED
14.01.2026 IN CO-OP APPEAL NO. 311/2024 AND CO-OP
PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL
AT BENGALURU ANNEXURE-L. II) TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER ORDER IN THE LIKE NATURE
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WP No. 201194 of 2026
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QUASHING AN ORDER AN ORDER DATED 18.10.2024 VIDE
GOVT. NO.dA¤PÀ/«-4PÀ®A-70/zÁªÁ ¸ÀASÉå-60/2023-24 PASSED BY THE
1st RESPONDENT AUTHORITY ANNEXURE-J. iii) OR TO PASS
ANY OTHER ORDER AS THIS HON'BLE COURT DEEMS FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
IN WP NO. 201218/2026:
BETWEEN:
VITTALREDDY S/O KRISHNAREDDY,
AGED ABOUT 64 YEARS, DIRECTOR, BENAKANAHALLI
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.,
BENAKANAHALLI VILLAGE, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307,
NOW ELECTED AS DIRECTOR OF
KALABURAGI-BIDAR AND YADGIR
CO-OPERATIVE MILK PRODUCERS'
SOCIETIES UNION LTD KALABURAGI.
...PETITIONER
(BY SRI. HALALLI S. S., ADVOCATE)
AND:
1. THE JOINT REGISTRAR
OF CO OPERATIVE SOCIETIES KALABURAGI REGION,
1ST FLOOR, NEHARUGUNJ, KALABURAGI-585104.
2. DR. DIVAKAR RAO
S/O KRISHNARAO JAHAGIRDAR,
AGED ABOUT 64 YEARS, PRESIDENT, RANAPURA MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD.,
RANAPURA VILLAGE, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
3. SRI. ASHOK S/O ANNA RAO,
AGE ABOUT 52 YEARS, OCC: DIRECTOR
AINAPUR MILK PRODUCERS CO-OPERATIVE SOCIETY
LTD, AINAPUR VILLAGE,
TALUKA CHICHOLI, DIST KALABURAGI.
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4. CHITRALEKHA W/O PRATAPREDDY
AGE: MAJOR, PRESIDENT, SULEPETH WOMEN MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD
SULEPETH, CHINCHOLI TALUKA,
KALABURAGI DISTRICT.
5. VEERASHETTY S/O SHIVARAY,
AGE ABOUT 51 YEARS, DIRECTOR OF SHIKARA MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD,
SHIKARA MOTAKAPALLI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
6. KALLAPPA S/O GUNDAPPA,
AGE: MAJOR, DIRECTOR OF YAMPALLI MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD,
YAMPALLI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
7. GHALLAPPA S/O GUNDAPPA
AGE: MAJOR, DIRECTOR OF CHENGTA
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD,
CHENGTA, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
8. BHEEMAREDDY S/O RAMAREDDY,
AGED ABOUT 48 YEARS, DIRECTOR OF DEGULMADI
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD,
DEGULMADI, CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
9. SHEKARA S/O SHAMARAO,
AGED ABOUT 44 YEARS, PRESIDENT OF
GADILINGADAHALLI MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD, GADILINGADAHALLI,
CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
10. NAGAMMA W/O BASAVARAJ,
AGED ABOUT 44 YEARS, PRESIDENT OF HUVINABHAVI
MILK PRODUCERS CO-OPERATIVE SOCIETY LTD,
HUVINABHAVI, CHINCHOLI TALUKA,
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KALABURAGI DISTRICT-585307.
11. MALLIKARJUN S/O NAGANNA,
AGED: MAJOR PRESIDENT OF IVANI MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD, IVANI,
CHINCHOLI TALUKA,
KALABURAGI DISTRICT-585307.
12. THE RETURNING OFFICER,
KALABURAGI-BIDAR AND YADGIR CO-OPERATIVE
MILK PRODUCERS' SOCIETIES UNION LTD
KALABURAGI AND THE ASST. COMMISSIONER
KALABURAGI, KALABURAGI-585104
...RESPONDENTS
(BY SRI MALHARA RAO, AAG ALONG WITH
SRI SHESHADRI JAISHANKAR M., AGA FOR R1;
SRI VENKATESH C. MALLABADI, ADVOCATE FOR C/R2;
V/O DTD. 13.03.2026 NOTICE TO R3 TO R11 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER
IN THE LIKE NATURE NO. 314/2024 AND CO-OP PASSED BY
THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AT
BENGALURU ANNEXURE-K. II) TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER ORDER IN THE LIKE NATURE
QUASHING AN ORDER AN ORDER DATED 18.10.2024 VIDE
GOVT. NO.dA¤PÀ/«-4/PÀ®A-70/zÁªÁ ¸ÀASÉå-60/2023-24 PASSED BY
THE 1st RESPONDENT AUTHORITY ANNEXURE-J. iii) OR TO
PASS ANY OTHER ORDER AS THIS HON'BLE COURT DEEMS
FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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WP No. 201194 of 2026
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ORAL COMMON ORDER
1. In these two writ petitions, the grievance of the
petitioners is common and they have assailed the common
order passed by the first respondent dated 18.10.2014, which
is confirmed by the Karnataka Appellate Tribunal by common
order dated 14.01.2026 passed in Co-op Appeal No.311 of
2024 and Co-op Appeal No.314 of 2024. Therefore, these writ
petitions are heard together with the consent of learned
advocates on both sides and are disposed of by this common
order.
2. The petitioners herein and respondent no.2 had
contested for the election that was held to the post of Director
of Kalaburagi - Bidar and Yadgir Co-operative Milk Producers
Society Union Ltd. Petitioner in WP No.201194 of 2026 had
secured 13 votes and the petitioner in WP No.201218 of 2026
had secured 12 votes. The second respondent herein allegedly
had secured 5 votes. It is under these circumstances, the
petitioners in these two petitions were declared elected as
Directors of the aforesaid Society.
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3. The second respondent had raised a dispute under
Section 70 of the Karnataka Co-operative Societies Act, 1959
before the first respondent, challenging the declaration of the
petitioner's herein as elected to the post of Directors of Society.
First respondent vide order at Annexure-J dated 18.10.2024
had set aside the election results of the petitioners herein,
pursuant to the election to the post of Director of the aforesaid
Society that was held on 29.09.2023 and had directed to hold a
fresh election for the two posts of Directors of the Society
(Sedum sub-division). The said order at Annexure-J dated
18.10.2024 was assailed in appeal by the petitioners
herein in co-operative Appeal No.311/2024 and co-
operative Appeal No.314/2024 before the Karnataka
Appellate Tribunal at Bengaluru, which were dismissed
vide order at Annexure-L dated 14.01.2026. It is under
these circumstances, the petitioners are before this Court.
4. Perusal of the material on record would go to
show that 8 voters who were found ineligible to vote and
were not included in the voters' list, had approached this
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Court in W.P.No.202644/2023 and in the said writ petition
this Court had passed an interim order to include the
name of the aforesaid 8 ineligible voters who are arrayed
as respondent Nos.8 to 11 in this writ petition and had
permitted them to cast their votes in the ensuing election
that was scheduled to be held on 29.09.2023. It was
made clear that the interim order passed in
W.P.No.202644/2023 was subject to the result of the writ
petition.
5. It is not in dispute that on the strength of the
interim order dated 20.09.2023 passed in
W.P.No.202644/2023, respondent Nos.4 to 11 herein had
participated in the election process that was held on
29.09.2023 and had cast their votes. Subsequently, the
said writ petition was dismissed by this Court vide
Annexure-F dated 11.12.2023. Respondent No.1 having
appreciated that 8 ineligible voters had participated in the
election that was held on 29.09.2023 and had cast their
votes in favour of the candidates who had contested to the
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post of two Directors of the Society, has set aside the
election results insofar as it relates to the post of two
Directors (Sedam Sub-division), on the ground that
election to the said two posts of Directors was vitiated
since ineligible voters had participated in the election and
had cast their votes.
6. The petitioners herein have secured 13 and 12
votes respectively and out of the said votes, if 8 votes of
the ineligible voters is reduced, then they would have
secured 5 votes and 4 votes respectively as against 5
votes that was secured by respondent No.2. Respondent
No.1 as well as the Karnataka Appellate Tribunal have held
that election for the post of two Directors from Sedam
Sub-division was vitiated since 8 out of total 17 voters
were found to be ineligible voters. 8 voters out of the
total 17 voters would amount to a substantive number and
therefore, I am of the opinion that the election to the two
posts of Directors of the aforesaid Society (Sedam Sub-
division) was vitiated and therefore first respondent rightly
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set aside the election results to the post of two Directors
(Sedam sub-division) that was held on 29.09.2023.
Respondent No.1 having set aside the election results, has
directed respondent No.12 to hold a fresh election to the
aforesaid posts of two Directors (Sedam Sub-division).
7. Under the circumstances, I do not find any
illegality or irregularity in the orders impugned, which calls
for interference by this Court in exercise of its
extraordinary jurisdiction under Article 226 of the
Constitution of India. Accordingly, the following:
ORDER
(i) The Writ Petitions are dismissed.
(ii) Election to the post of two directors (Sedam
division) shall be held expeditiously but not
later than a period of three months from
the date of receipt of copy of this order.
(iii) Liberty is reserved to the respective
Societies whose name is found in the list of
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eligible voters to send the name of their
delegates afresh, if need arises.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS,SWK
List No.: 1 Sl No.: 10
Ct:pk
