Disposed¶60

Sri. Vishwanath v. M v the State Co. Operative

Karnataka HC2 Mar 2026WP/4992/2026

Case brief

AI extract

What is this about?

Co-operative society election; writ of mandamus; completion of election process to Managing Committee before expiry of term; Vaddarahalli Milk Producers Co-op. Society Ltd., Malavalli Taluk, Mandya; Government order dated 02.03.2026 appointing Administrator; Section 28(A)(5), Karnataka Co-operative Societies Act, 1959; State Co-operative Election Authority; petition disposed of with liberty to challenge Administrator appointment; contentions kept open; Karnataka High Court (E.S. Indiresh, J.), 02.03.2026.

What did the court decide?

Liberty to the petitioners to file fresh proceedings challenging the order dated 02.03.2026 appointing an Administrator to respondent No.5-Society, urging the very same grounds as in this writ petition; all contentions kept open. ¶60

Sri. Vishwanath v M Vs the State Co. Operative — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued directing respondent Nos.1 to 3 to take steps in law to complete the election process so that new members of the Managing Committee of respondent No.5-Society are elected and can function before the expiry of the term of office of the present Managing Committee members.

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Court's answer

The writ petition is disposed of, permitting the petitioners to urge the very same grounds pleaded in the present writ petition in proceedings that may be filed by them in due course; all contentions of both parties are kept open.

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Ratio / Principle

In view of the Government's decision dated 02.03.2026 to appoint an Administrator to respondent No.5-Society, it is open to the petitioners to challenge that order of appointment, if so advised.

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Detailed headnote1 paragraphs

Writ Petition (CS-EL/M) under Articles 226 and 227 of the Constitution of India — Ten Directors of Vaddarahalli Milk Producers Co-op. Society Ltd. sought a writ of mandamus directing respondent Nos.1 to 3 to complete the election process so that new Managing Committee members could be elected and function before expiry of the term of office of the present committee, relying on completion of process as per Annexures-D1 (03.08.2025), D2 and D4 (both 08.09.2025). At hearing, the learned Additional Advocate General produced the Government order dated 02.03.2026 appointing an Administrator to the Society under Section 28(A)(5) of the Karnataka Co-operative Societies Act, 1959. The Court held it open to the petitioners to challenge that Administrator-appointment order if so advised, disposed of the writ petition, permitted the petitioners to urge the very same grounds in proceedings to be filed in due course, and kept all contentions of both parties open.

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NC: 2026:KHC:12502 WP No. 4992 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4992 OF 2026 (CS-EL/M)

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BETWEEN:

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SRI. VISHWANATH V.M. S/O MADE GOWDA, AGED ABOUT 47 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD., VADDARAHALLI, MAALAVALLI TALUK, MANDYA - 571 430.

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SRI. RAJU S/O KEMPEGOWDA, AGED ABOUT 46 YEARS, DIRECTOR OF VADDARAHALLI MILK BRICERS VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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SRI. MADEGOWDA S/O CHIKKEPUTTEGOWDA, AGED ABOUT 64 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS, MALAVALLI TALUK, MANDYA - 571 430.

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SRI. MAHADEVASWAMY, S/O. DODDAIAH, AGED ABOUT 44 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD.

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NC: 2026:KHC:12502 WP No. 4992 of 2026

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HC-KAR

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VADDARAHALLI, MALAVALLI TALUK,

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MANDYA - 571 430.

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SRI. CHOWDAIAH S/O. MARIGOWDA, AGED ABOUT 46 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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SRI. M. SHIVALINGEGOWDA S/O MADEGOWDA, AGED ABOUT 58 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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SMT. VENKATALAKSHMAMMA W/O LATE CHOWDEGOWDA, AGED ABOUT 55 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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SRI. H. V. SHIVARUDRAPPA, S/O. D.H. VEEREGOWDA, AGED ABOUT 66 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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SRI. V. K. NANJUNDEGOWDA S/O. KEMPEGOWDA, AGED ABOUT 44 YEARS, DIRECTOR OF VADDARAHALLI MILK PRODUCERS

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3 - NC: 2026:KHC:12502 WP No. 4992 of 2026

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HC-KAR

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CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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SMT. RAJAMMA W/O CHIKKATHIMMAIAH, AGED ABOUT 57 YEARS. DIRECTOR OF VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY LTD. VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430.

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…PETITIONERS

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(BY SRI. M.R. RAJGOPAL, SENIOR COUNSEL FOR SRI. THILAKRAJ S.V, ADVOCATE)

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AND:

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THE STATE CO-OPERATIVE ELECTION AUTHORITY, BY ITS COMMISSIONER, SHANTHINAGAR, BMTC COMPLEX, K.H. ROAD, BENGALURU - 560 027.

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THE DIST. ELECTION OFFICER, DEPUTY COMMISSSIONER, MANDYA, MANDYA DIST. - 571 401.

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THE DEPUTY REGISTERER OF CO-OP. SOCITIES, MANDYA, MANDYA DIST. - 571 401.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB DIVISION, MANDYA - 571 401.

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VADDARAHALLI MILK PRODUCERS CO-OP. SOCIETY

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4 - NC: 2026:KHC:12502 WP No. 4992 of 2026

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HC-KAR

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REP. BY ITS CHIEF EXECUTIVE OFFICER VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430. (SOCIETY REGISTERED UNDER KCS ACT, 1959).

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…RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG ALOWNG WITH SRI. YOGESH D. NAIK, AGA FOR R1, R3 & R4; SRI. A. DEVARAJ, ADVOCATE FOR R2; NOTICE TO R5 IS DISPENSED WITH V/O. DT: 16.02.2026)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.1 TO 3 TO TAKE SUCH STEPS AS PROVIDED IN LAW TO COMPLETE THE ELECTION PROCESS ENABLE TO ELECT THE NEW MEMBERS OF MANAGING COMMITTEE TO THE 5TH RESPONDENT SOCIETY BEFORE EXPIRY OF THE TERM OF OFFICE THE PRESENT MEMBERS OF MANAGING COMMITTEE IN TERMS OF COMPLETION OF PROCESS AS PER ANNEXURE-D1 DATED 03.08.2025, ANNEXURE-D2 DATED 08.09.2025, ANNEXURE-D4 DATED 08.09.2025 RESPECTIVELY BY ISSUING A WRIT OF MANDAMUS.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this petition, the petitioner has sought for writ of mandamus directing the respondents-Authorities to

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complete election process to enable the elected new members of the Managing Committee of the respondent No.5-Society to function before the expiry of

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NC: 2026:KHC:12502 WP No. 4992 of 2026

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HC-KAR

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the term of office of the present members of the Managing

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Committee, in terms of their completion of period.

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Heard Sri. M.R. Rajgopal, learned Senior

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Counsel appearing for Sri. Thilakraj S.V., learned counsel for petitioners and Smt. Prathima Honnapura, learned Additional Advocate General along with Sri. Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3 and 4 and Sri. A. Devaraj, learned counsel for respondent No.2.

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Learned Additional Advocate General has filed a copy of the order dated 02.03.2026 wherein the respondent-Government has taken a decision to appoint an Administrator to the respondent No.5-Society under Section 28(A)(5) of the Karnataka Co-operative Societies Act, 1959.

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In that view of the matter, considering the averments made in the writ petition, I am of the view that, it is open for the petitioners herein to challenge the order

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NC: 2026:KHC:12502 WP No. 4992 of 2026

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HC-KAR

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dated 02.03.2026 for appointing the Administrator to respondent No.5-Society, if so advised.

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Accordingly, the writ petition is disposed of .

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The petitioners are permitted to urge the very same grounds pleaded in the present writ petition in a proceedings that may be filed by the petitioners in due course.

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All contentions of both the parties are kept

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open.

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SD/(E.S.INDIRESH) JUDGE

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KLV List No.: 1 Sl No.: 55

Sri. Vishwanath v. M v the State Co. Operative

Case brief

What is this about?

What did the court decide?

Sri. Vishwanath v. M v the State Co. Operative

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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