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Sri B T Javare Gowda Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Sri B T Javare Gowda Vs the State of KarnatakaSri B T Javare Gowda v. the State of Karnataka

Dismissed¶35

Sri B T Javare Gowda v. the State of Karnataka

Karnataka HC20 Jan 2026WA/1079/2025

Case brief

AI extract

What is this about?

Karnataka High Court writ appeal (CS-EL/M) WA No. 1079 of 2025, dismissed as withdrawn on 20.01.2026 by Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha (judgment per Chief Justice Bakhru). Appellant B.T. Javare Gowda (advocate Nagendra Kumar K) had appealed under Section 4 of the Karnataka High Court Act against the Single Judge's order dated 17.04.2025 in W.P. No. 15583/2024 (CS-EL/M), a co-operative election matter with respondents including the State of Karnataka, the Co-operative Election Authority (served, unrepresented), Hassan co-operative authorities (K.S. Harish, G.A.) and the Hassan Co-operative Milk Producer's Societies Union Limited (Varun J. Patil for A. Mahammed Tahir). Counsel withdrew the appeal reserving the right to file an election petition; the Court held the dismissal does not preclude such a petition and expressed no opinion on its maintainability or merits; pending applications disposed.

What did the court decide?

No substantive relief; appeal dismissed as withdrawn, with the Court clarifying that the appellant remains free to challenge the impugned order by filing an election petition, on whose maintainability and merits the Court expressed no opinion. ¶35

Why is it important?

The writ appeal is dismissed as withdrawn. ¶35

What the court decided

AI extract

Outcome

No substantive relief; appeal dismissed as withdrawn, with the Court clarifying that the appellant remains free to challenge the impugned order by filing an election petition, on whose maintainability and merits the Court expressed no opinion.

Ratio / Principle

The writ appeal is dismissed as withdrawn.

Key takeaways

The dismissal will not preclude the appellant from filing an election petition; if such a petition is filed, the question of its maintainability and merits would be considered.obiter¶36
The order shall not be construed as an expression of opinion that any such election petition is either maintainable or would warrant any consideration by the concerned Court.obiter¶40
Pending applications in the appeal stand disposed of.¶41

Detailed headnote1 paragraphs

Writ Appeal No. 1079 of 2025 (CS-EL/M), High Court of Karnataka at Bengaluru (Division Bench: Chief Justice Vibhu Bakhru and Justice C.M. Poonacha; oral judgment per Chief Justice Bakhru), decided 20 January 2026. Filed under Section 4 of the Karnataka High Court Act by B.T. Javare Gowda seeking to set aside the learned Single Judge's order dated 17.04.2025 in Writ Petition No. 15583/2024 (CS-EL/M), a co-operative election-category matter involving the State of Karnataka, the Co-operative Election Authority, Hassan co-operative authorities, and the Hassan Co-operative Milk Producer's Societies Union Limited. After some arguments, counsel for the appellant sought withdrawal of the appeal, reserving his right to challenge the impugned order by filing an election petition. The Bench dismissed the appeal as withdrawn, clarified that the dismissal would not preclude the filing of an election petition, and expressly declined to construe the order as any expression of opinion that such a petition is maintainable or would warrant consideration. Pending applications stood disposed of.

A

1 -

NC: 2026:KHC:2861-DB WA No. 1079 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1079 OF 2025 (CS-EL/M)

BETWEEN:

SRI B.T. JAVARE GOWDA S/O. LATE THOPE GOWDA AGED ABOUT 68 YEARS R/AT. NO.25, 16^TH MAIN ROAD MUNESHWARA BLOCK BENGALURU - 560 026

…APPELLANT

(BY SRI NAGENDRA KUMAR K, ADVOCATE)

AND:

Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF CO-OPERATIVE SOCIETIES 3^RD FLOOR, M.S. BUILDING BENGALURU - 560 001

THE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY T.T.M.C. BUILDING, 3^RD FLOOR "A" BLOCK, K.H. ROAD SHANTHINAGAR BENGALURU - 560 027

2 -

NC: 2026:KHC:2861-DB WA No. 1079 of 2025

HC-KAR

THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES JANATHA BAZAR BUILDING 1^ST FLOOR, KUVEMPU NAGAR HASSAN - 573 201 REPRESENTED BY ITS REGISTER

THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN DISTRICT HASSAN - 573 201 REPRESENTED BY REGISTRAR

THE HASSAN CO-OPERATIVE MILK PRODUCER'S SOCIETIES UNION LIMITED REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT, REGISTERED NO.DAY/RCS/3657/1976-77 INDUSTRIAL ESTATE B.M. ROAD, HASSAN HASSAN DISTRICT - 573 201 REPRESENTED BY ITS PRESIDENT SRI H.D. REVANNA

…RESPONDENTS

(BY SRI K.S. HARISH, G.A. FOR R-1 & 3 TO 5, R-2 IS SERVED & UNREPRESENTED SRI VARUN J. PATIL, ADVOCATE FOR SRI A. MAHAMMED TAHIR, ADVOCATE FOR R-6)

3 - NC: 2026:KHC:2861-DB WA No. 1079 of 2025

HC-KAR

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 17.04.2025 IN WRIT PETITION NO.15583/2024 (CS-EL/M) PASSED BY THIS HON'BLE LEARNED SINGLE JUDGE, HON'BLE HIGH COURT OF KARNATAKA, AT BENGALURU & ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

After some arguments, the learned counsel appearing for the appellant seeks to withdraw the present appeal. He, however, seeks to reserve his right to challenge the impugned order by filing an election petition.

The appeal is dismissed as withdrawn.

We clarify that, this order will not preclude the appellant from filing an election petition. Needless to state that if any such petition is filed, the question of maintainability and merits of the said petition would be considered. This order would not be construed

4 -

NC: 2026:KHC:2861-DB WA No. 1079 of 2025

HC-KAR

as an expression of opinion that any such petition is either maintainable or would warrant any consideration by the concerned Court.

Pending applications stand disposed of.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

KMV List No.: 2 Sl No.: 22

Statutes considered

2 provisions across 2 enactments

AI extract

Karnataka High Court ActSection 4¶29
Karnataka Co-operative Society ActTHE KARNATAKA CO-OPERATIVE SOCIETY ACT¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 17.04.2025 in Writ Petition No. 15583/2024 (CS-EL/M) passed by the learned Single Judge, High Court of Karnataka at Bengaluru¶29
High Court of Karnataka at Bengaluru (learned Single Judge) · 17.04.2025
Prior proceeding
Writ Petition No. 15583/2024 (CS-EL/M) before the learned Single Judge, High Court of Karnataka, decided by order dated 17.04.2025 (the impugned order challenged in this appeal)¶29

Parties & counsel

AI extract

appellant
Sri B.T. Javare Gowda¶10
Nagendra Kumar K
respondent
The State of Karnataka, represented by its Principal Secretary, Department of Co-operative Societies¶15
K.S. Harish
respondent
The Election Commissioner, Co-operative Election Authority¶17
respondent
The Registrar of Co-operative Societies, Department of Co-operative Societies, Hassan¶21
K.S. Harish
respondent
The Deputy Commissioner, Hassan District¶22
K.S. Harish
respondent
The Deputy Registrar of Co-operative Societies, Hassan District¶23
K.S. Harish
respondent
The Hassan Co-operative Milk Producer's Societies Union Limited¶24
Varun J. Patil, A. Mahammed Tahir

Coram

AI extract

Vibhu Bakhruauthor¶33
C.M. Poonachamember¶31

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 20 Jan 2026 · January
Registered: 10 Jul 2025
Case no.: WA/1079/2025
CNR: KAHC010448162025
Bench: C.m. Poonacha
Disposal: DISMISSED
Case type: Writ Appeal (CS-EL/M)

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Cite this judgement

Sri B T Javare Gowda v. the State of Karnataka, WA/1079/2025 (KA), decided on 20 January 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Karnataka High Court ActSection 4
Karnataka Co-operative Society ActTHE KARNATAKA CO-OPERATIVE SOCIETY ACT

View all statutes

Procedural history2

Order dated 17.04.2025 in Writ Petition No. 15583/2024 (CS-EL/M) passed by the learned Single Judge, High Court of Karnataka at BengaluruHigh Court of Karnataka at Bengaluru (learned Single Judge) · 17.04.2025
Writ Petition No. 15583/2024 (CS-EL/M) before the learned Single Judge, High Court of Karnataka, decided by order dated 17.04.2025 (the impugned order challenged in this appeal)

View full history

Bench / Coram

Vibhu Bakhru and C.M. Poonacha

Parties & counsel