Dismissed

Sri Shivakumar H v. Vs State of Karnataka

Karnataka HC2 Feb 2026WP/39284/2025

Case brief

AI extract

What is this about?

Petitioner challenged the declared results of a co-operative society election held on 21.12.2025 via writ petition, alleging the calendar of events violated the Karnataka Cooperative Societies Act, 1959. The court held an election petition is the proper remedy; without exhausting it, the writ petition was not maintainable.

What did the court decide?

None granted; liberty reserved to challenge the impugned order as permitted by law.

Sri Shivakumar H v Vs State of Karnataka — Election Law | Karnataka HC (2026)

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NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO.39284 OF 2025 (CS-RES)

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BETWEEN:

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SRI SHIVAKUMAR H.V. S/O VEERAPPA H.V., AGED ABOUT 54 YEARS, R/AT HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST.-571111.

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…PETITIONER

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(BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)

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AND:

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, ROOM NO.610, 3^RD GATE, AMBEDKAR VEEDHI, BANGALORE-01.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313.

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CHIEF EXECUTIVE OFFICER, PRATHAMIKA KRUSHI PATTHINA SAHAKARA SANGA NIYAMIHA, PUTHANAPURA, GUNDLAPETE TALUK, CHAMARAJANAGARA DIST.-571113.

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THE RETURNING OFFICER AND SUPERINTENDENT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY,

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NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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CHAMARAJNAGARA SUB-DIVISION, CHAMARAJANAGAR-571313.

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CHIKKANAGU, S/O MARISIDDAIAH, SHARE NO.533/3, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571111.

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P.M. NAGESHA, S/O MAHADEVAPPA, SHARE NO.267/2, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571112.

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H.G. PARAMESHWAR, S/O H.S. GANGADHARAPPA, SHARE NO.73/1, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST-571112.

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P.N. PAVITHRA KUMAR, S/O NAGARAJU, SHARE NO.167/1, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571112.

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P.M. MAHADEVAPPA, S/O MALLAPPA, 215/2, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571111.

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P.B. RAJASHEKAR, S/O BUJANGAPPA 12. H.G. RAJENDRA, S/O DODDABASAPPA-571112 SHARE NO.66/1.

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SRI SHIVAPPADEVARU, S/O CHANNABASAVADEVARU, SHARE NO.76/1, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST.-571111.

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3 - NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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M. SOMAPPA, S/O MALLAPPA, SHARE NO.345/2, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST.-571111.

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P.M. MANJUNATH, S/O MALLIKARJUNAPPA, SHARE NO.210/2, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571111.

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SMT. INDIRA, W/O CHIKKANAGAPPA, SHARE NO.265/2, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571111.

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SMT. GANGAMMA, W/O GANGAPPA, SHARE NO.471/3, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST.-571111.

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SMT. JAYALAKSHMI, W/O SIDDASHETTI, SHARE NO.133/1, PUTTANAPURA, GUNDLAPET TALUK,

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CHAMARAJANAGAR DISTRICT.-571111.

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SMT. MAHESHAMMA, W/O DODDA KEMPPANNA, SHARE NO.757/5, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571111.

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DODDAPPA, S/O GURUMALLAPPA SHARE NO.642/4, PUTTANAPURA, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571111.

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NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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H.S. MAHADEVAPPA, S/O SHIVAGANGAPPA, SHARE NO.506/3, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST.-571111.

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H.D. RAJENDRA, S/O DODDABASAPPA, SHARE NO.66/1, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DIST.-571111.

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H.K. PARAMESHWARAPPA, S/O KARIYAPPA, SHARE NO.5281, HANGALAPURA, PUTHANAPURA POST, GUNDLAPETE TALUK, CHAMARAJANAGAR DISTRICT -5711121.

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…RESPONDENTS

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(BY SRI YOGESH D. NAIK, AGA FOR R-1, R-2, R-3 AND R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE ELECTION RESULT CONDUCTED AND DECLARED ON 21.12.2025 FOR THE 3^RD RESPONDENT SOCIETY, PRODUCED AT ANNEXURE-C, C1, C2 AND DIRECTED THE 4^TH RESPONDENT TO CONDUCT THE ELECTION AFRESH IN ACCORDANCE WITH LAW, ALSO PRAY FOR OTHER ANY DIRECTIONS OR ORDERS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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5 - NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner aggrieved by the declaration of election result held on 21.12.2025 for respondent No.3 - society, vide Annexure-C, C1, C2, filed this petition and also seeks a direction to respondent No.4 to conduct the election afresh in accordance with law.

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Brief facts, leading rise to the filing of this petition are as follows:

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Respondent No.4 published a calendar of events for the election of respondent No.3 society on 24.11.2025 and the election was held on 21.12.2025 between 10.00 a.m. to 03.00 p.m. On the same day, respondent No.4 declared the election results dated 21.12.2025. It is contended that owing to misconception and mistake election was started at 9.00 a.m. instead of 10.00 a.m. The petitioner aggrieved by the declaration of result, filed this writ petition.

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NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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The learned counsel for the petitioner submits that the calendar of events issued by respondent No.4 is not in accordance with the provisions of Karnataka Cooperative Society Act, 1959. Hence, the election held by respondent No.4 is arbitrary and erroneous. Hence, on these grounds, prays to allow the writ petition.

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Per contra , learned Additional Government Advocate submits that if the petitioner intends to challenge the result of the election he could have done the same by way of election petition and not by way of writ petition. He submits that the petitioner without exhausting an efficacious remedy, filed this writ petition, Hence, the writ petition filed by the petitioner is not maintainable. Accordingly, prays to dismiss the writ petition.

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Perused the records, and considered the submissions of the learned counsel for the parties.

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It is an undisputed fact that the election was held for the post of director of respondent No.3 society by

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NC: 2026:KHC:6247 WP No. 39284 of 2025

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HC-KAR

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respondent No.4. The respondent No.4 had declared the results of the election held on 21.12.2025 and declared the returned candidates. The petitioners aggrieved by the declaration of result, filed this writ petition. If the petitioner is intending to challenge the result of the election he has to challenge the same by way of election petition and not by way of writ petition, and the petitioner without exhausting efficacious remedy filed this writ petition. Hence, the writ petition filed by the petitioner is not maintainable.

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Accordingly, I proceed to pass the following order:

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ORDER

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i. The writ petition is dismissed .

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ii. A liberty is reserved to the petitioner to challenge the impugned order, if law permits.

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Sd/(ASHOK S.KINAGI) JUDGE

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SKS

Sri Shivakumar H v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Shivakumar H v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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