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CDJ 2026 Kar HC 223
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| Court : High Court of Karnataka |
| Case No : Writ Petition No. 4992 Of 2026 (CS-EL/M) |
| Judges: THE HONOURABLE MR. JUSTICE E.S. INDIRESH |
| Parties : V.M. Vishwanath & Others Versus The State Co-Operative Election Authority, by Its Commissioner, Bengaluru & Others |
| Appearing Advocates : For the Petitioners: M.R. Rajgopal, Senior Counsel, S.V. Thilakraj, Advocate. For the Respondents: R1, R3 & R4, Prathima Honnapura, AAG, Yogesh D. Naik, AGA, R2, A. Devaraj, Advocate. |
| Date of Judgment : 02-03-2026 |
| Head Note :- |
Constitution of India - Articles 226 & 227 -
Comparative Citation:
2026 KHC 12502,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Articles 226 and 227 of the Constitution of India
- Section 28(A)(5) of the Karnataka Co-operative Societies Act, 1959
2. Catch Words:
- mandamus
- election
- administrator
- writ petition
3. Summary:
The petition sought a writ of mandamus directing the respondents to complete the election of a new Managing Committee for the fifth respondent society before the incumbent committee’s term expired. The court heard arguments from counsel for both petitioners and respondents. The respondent government had issued an order on 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 that the petitioners may challenge this appointment in a separate proceeding, but did not grant the writ. Consequently, the petition was disposed of without relief, with parties’ contentions kept open for future litigation.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer: 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.)
Oral Order
1. In this petition, the petitioner has sought for writ of mandamus directing the respondents-Authorities to 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 the term of office of the present members of the Managing Committee, in terms of their completion of period.
2. Heard Sri. M.R. Rajgopal, learned Senior 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.
3. 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.
4. 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 dated 02.03.2026 for appointing the Administrator to respondent No.5-Society, if so advised.
5. Accordingly, the writ petition is disposed of. 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.
6. All contentions of both the parties are kept open.
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