Smt Nirmala R Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Smt Nirmala R Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of as having rendered infructuous; liberty reserved to the petitioners to raise an election dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, with the counting of their ballot papers (cast in a separate ballot box per the interim order dated 11.02.2026) made subject to the final outcome of that dispute; impleading applicants (I.A.No.1/2026) granted liberty to participate in such dispute; pending applications, if any, disposed of.

Issue for consideration

Whether the petitioners were entitled to a writ of mandamus directing respondents 2 to 5 to include their names in the final/valid voters list (Annexure-C) and to permit them to cast their votes in the election of respondent no.3 society scheduled for 11.02.2026 (issue rendered infructuous and not decided on merits). +1 more

Ratio / Principle

Since the elections were held and the results declared during the pendency of the petition, and the petitioners had cast their votes pursuant to the interim order dated 11.02.2026, nothing survives for consideration in the writ petition, which is accordingly disposed of as having rendered infructuous.

Key takeaways

If the petitioners are aggrieved by the result of the election, they have an alternative efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959.ratio¶60
Liberty is reserved to the petitioners: if aggrieved by the results of the election, they are entitled to raise a dispute under Section 70 of the Act of 1959, if so advised.ratio¶62
In the event the petitioners succeed in the dispute raised under Section 70 of the Act of 1959, the counting of the votes cast by the petitioners shall be subject to the final outcome of that dispute.

Detailed headnote1 paragraphs

Writ petition under Articles 226 & 227 of the Constitution of India by nine persons seeking a writ of mandamus to direct respondents 2 to 5 to include their names in the final/valid voters list (Annexure-C) and permit them to vote in the election of Channadeviagrahara Milk Producers Co-operative Society Ltd. (respondent no.3), Doddaballapura Taluk, Bengaluru Rural District, scheduled for 11.02.2026. By interim order dated 11.02.2026 the Court directed respondent no.4 to allow the petitioners to vote in a separate ballot box, directed that their votes not be counted, and directed the Returning Officer to declare the results. The election was held and results declared during the pendency of the petition, and the petitioners voted pursuant to the interim order. Holding that nothing survived for consideration, the Court (Ashok S. Kinagi, J.) disposed of the petition as having rendered infructuous, noting that aggrieved parties have an alternative efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959. Liberty was reserved to the petitioners to raise a Section 70 dispute, with the counting of their ballot papers made subject to the final outcome of such dispute; the impleading applicants (I.A.No.1/2026, proposed respondents 6 to 15) were granted liberty to participate therein; pending applications were disposed of.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4360 OF 2026 (CS-EL/M)

BETWEEN:

SMT. NIRMALA R. AGED ABOUT 50 YEARS

W/O RAMAIAH

R/AT MUPIGATTA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

C. RANGEGOWDA AGED ABOUT 49 YEARS S/O CHIKKAPPAIAH

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

R/AT CHANNADEVI AGRAHARA VILLAGE

KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

D. RAMEGOWDA AGED ABOUT 73 YEARS S/O DODDARANGAIAH R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

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ASHA B.

AGED ABOUT 33 YEARS W/O GIRISHA R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

R. JAYARAMU

AGED ABOUT 57 YEARS S/O. LATE RANGAIAH R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

RAJANNA R. S/O RAMAIAH AGED ABOUT 70 YEARS R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

MUNILAKSHAMAMMA W/O RANGADAMAIAH AGED ABOUT 60 YEARS R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 204.

ANAND R S/O RAMAIAH S. AGED ABOUT 43 YEARS

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R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK

BENGALURU RURAL DISTRICT-561 204.

RAJANNA N.

S/O NARASEGOWDA AGED ABOUT 73 YEARS R/AT CHANNADEVI AGRAHARA VILLAGE KADANURU POST, MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT BENGALURU-561 204.

…PETITIONERS

(BY SRI. GIRISH KUMAR C.S., ADVOCATE)

AND:

STATE OF KARNATAKA DEPT. OF COOPERATION M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY.

STATE COOPERATIVE ELECTION COMMISSION 3^RD FLOOR, T.T.M.C. "A" BLOCK SHANTHINAGAR, BENGALURU-560 027. REP. BY ITS SECRETARY.

CHANNADEVIAGRAHARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. CHANNADEVIAGRAHARA VILLAGE DODDABALLAPURA TALUK

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BENGALURU RURAL DISTRICT-561 204. REP. BY MANAGING DIRECTOR SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT.

THE RETURNING OFFICER CHANNADEVIAGRAHARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. CHANNADEVIAGRAHARA VILLAGE BENGALURU RURAL DISTRICT -561 204. SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT.

DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BEERASANDRA, KUNDAN HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT BENGALURU-562 104. SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT.

…RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1, R4 AND R5;

SRI. DEVIPRASAD SHETTY, ADVOCATER FOR R6 TO R15 ON I.A.NO.1/2026)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION AGAINST THE RESPONDENTS 2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL/VALID VOTERS LIST VIDE ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE ELECTION OF RESPONDENT NO.3SOCIETY WHICH IS SCHEDULED TO BE HELD ON 11.02.2026 AND ETC.

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

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

ORAL ORDER

Learned counsel for the parties submit that during the pendency of the petition, the elections were held and the results are declared. Learned counsel for the petitioners submits that a liberty be reserved in favour of the petitioners to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act of 1959') and the counting of the ballot papers of the petitioners shall be subject to the final outcome of the dispute to be raised by the petitioners under Section 70 of the Act of 1959. Hence, prays that the writ petition may be disposed of.

Perused the records, and considered the

submissions of the landed counsel for the parties.

Admittedly, during the pendency of this petition, this Court vide order dated 11.02.2026 directed respondent no.4 to permit the petitioners to cast their votes in a separate ballot box, and the Returning Officer was directed not to count

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the votes of the petitioners, and that the casting of their votes

shall be subject to the final outcome of the writ petition, and further, directed the Returning Officer to declare the results of the election.

Pursuant to the interim order passed by this Court, the petitioners casted their votes in the election and the Returning Officer has declared the result. In view of the same, nothing survives for consideration in this petition. If the petitioners aggrieved by the result of the election, they have an alternative efficacious remedy under Section 70 of the Act of 1959.

In view of the same, nothing survives for further consideration in this petition. Accordingly, the petition is disposed of as having rendered infructuous.

A liberty is reserved in favour of the petitioners, i.e., if the petitioners are aggrieved by the results of the election, they are entitled to raise a dispute under Section 70 of the Act of 1959, if so advised.

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In the event, if the petitioners succeed under the

dispute raised under Section 70 of the Act of 1959, counting of votes of the petitioners shall be subject to the final outcome of the dispute under Section 70 of the Act of 1959.

Sri.Deviprasad Shetty, learned counsel submits that he has filed the impleading application i.e., I.A.No.1/2026 and submits that the impleading applicants may be permitted to participate in the dispute, if raised by the petitioners and with the said observation, I.A. may be disposed of.

Submission is placed on record.

A liberty is reserved in favour of the impleading applicants to participate in the dispute under Section 70 of the Act of 1959, if raised by the petitioners.

Pending applications, if any, shall stand disposed of.

Sd/(ASHOK S.KINAGI) JUDGE

PGG List No.: 1 Sl No.: 11