Vishwanatha a M Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Vishwanatha a M Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:53323 WP No. 34911 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 34911 OF 2025 (CS-EL/M)

BETWEEN:

VISHWANATHA A M AGED ABOUT 49 YEARS S/O MEGHANATHAPPA (MEMBERSHIP NO.269) DAVANAGERE ROAD, KOTTURESHWARA NILAYA K BEVINAHALLI, VTC: BANNIKODU PO. BANNIKODU HARIHARA, DAVANGERE DISTRICT - 577 516

SANTHOSHA B.G AGED ABOUT 45 YEARS S/O BASAVARAJAPPA (MEMBERSHIP NO.240) BANNEKODU POST BEVINAHALLI DAVANGERE-577516

Digitally signed by PRASHANTH N V Location: High Court of Karnataka

MANJAPPA B AGED ABOUT 63 YEARS S/O A MUNIYAPPA.B (MEMBERSHIP NO.280) DEVARABELAKERE HARIHARA, DAVANGERE-577002

G SIDDESHWARAPPA AGED ABOUT 39 YEARS S/O RAJASHEKARAPPA (MEMBERSHIP NO.283) BANNEKODU POST BEVINAHALLI DAVANGERE-577516

…PETITIONERS

(BY SRI. VINAYA KEERTHY M., ADVOCATE)

2 - NC: 2025:KHC:53323 WP No. 34911 of 2025

HC-KAR

AND:

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. OF COOPERATIVE SOCIETIES M S BUILDING, VIDHANA VEEDHI BENGALOORU - 560 001

STATE COOP ELECTION AUTHORITY 3^RD FLOOR, TTMC-A BLOCK SHANTHINAGAR, BENGALOORU-560027 REPRESENTED BY ITS SECRETARY

DY. REGISTRAR OF COOP. SOCIETIES/DISTRICT ELECTION OFFICER DAVANGERE DIST., DAVANGERE - 577 501

RETURNING OFFICER SRI HARA VIVIDODHESHA SAHAKARA SANGA LTD TOWN COOPERATIVE BANK LTD SHIVAMOGGA ROAD HARIHARA-577601

SRI HARA VIVIDODHESHA SAHAKARA SANGA LTD, TOWN COOPERATIVE BANK LTD, SHIVAMOGGA ROAD HARIHARA 577601 REPRESENTED BY ITS SECRETARY

REG SOCIETY UNDER CO-SOCIETIES REG ACT

GURUNATH.M S/O MALLAPPA AGED ABOUT MAJOR

CHANDRAPPA ANGADI S/O ANGADI VEERAPPA AGED ABOUT MAJOR

SHIVANANDAPPA D.G S/O HALAPPA D.G AGED ABOUT MAJOR

3 - NC: 2025:KHC:53323 WP No. 34911 of 2025

HC-KAR

NAGARAJAPPA T.N S/O NINGAPPA AGED ABOUT MAJOR

BASAVARAJ OMKARI S/O VEERABHADRAPPA AGED ABOUT MAJOR

SIDDESH K.G S/O K.G GUDI BASAPPA AGED ABOUT MAJOR

NAGAPPPA H S/O KOTRAPPA AGED ABOUT MAJOR

GOPI P.N S/O NAGAPPA AGED ABOUT MAJOR

SHANKARAPPA N.R S/O RUDRAGOWDA AGED ABOUT MAJOR

ROOPA NAGARAJ C/O NAGARAJ KURAVATTHI AGED ABOUT MAJOR

SHAMBHAVI D.N C/O D.G NAGARAJ AGED ABOUT MAJOR

NAGARAJ M S/O MARIYAPPA AGED ABOUT MAJOR

RAJAPPA P S/O PUTTAPPA AGED ABOUT MAJOR

ALL ARE GOVERNING COUNSEL MEMBERS OF SRI HARA VIVIDODHESHA SAHAKARA SANGA LTD TOWN COOPERATIVE BANK LTD SHIVAMOGGA ROAD, HARIHARA-577601

(BY SRI. YOGESH .D NAIK, AGA FOR R1, 3 & 4

…RESPONDENTS

4 -

NC: 2025:KHC:53323 WP No. 34911 of 2025

HC-KAR

SRI. A. DEVARAJA, ADVOCATE FOR R2 SMT. SHRUTHI, ADVOCATE FOR SRI. T.C. MALLIKARJUNA SWAMY, ADVOCATE FOR R5 TO 18 (VK FILED))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PUBLICATION OF THE RESULT OF THE R6 TO 18 OF R5 SOCIETY DATED 09.11.2025 ISSUED BY THE R4 AT ANNX-F. AND ETC.,

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

Heard learned counsel for the petitioners and learned Additional Government Advocate for respondent Nos.1, 3 and 4.

Learned Additional Government Advocate submits that the petitioners are challenging the result of the election. Virtually, it is the election petition and therefore, the petitioners have to invoke Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act').

5 -

NC: 2025:KHC:53323 WP No. 34911 of 2025

HC-KAR

In view of the statutory remedy that is available to the

petitioners, they cannot maintain this petition before this Court. Accordingly, I proceed to pass the following:

ORDER

(i) The petition is dismissed .

(ii) The petitioners are at liberty to raise the dispute under Section 70 of KCS Act before the appropriate authority, within ten days from the date of receipt of copy of this order, if they are advised to do so.

Sd/(M G UMA) JUDGE

MKM

CT:VS List No.: 1 Sl No.: 17