IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4984 OF 2026 (GM-KSR)

BETWEEN:

1. JAGALUR TALUK NAYAKARA SANGH ®

JAGALUR TALUK, DAVANGERE DISTRICT-577528, REP. BY ITS SECRETARY, SRI. M.NAGARAJ, S/O MARAPPA, AGED ABOUT 50 YEARS, (REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960).

2. SRI. M.R NAGARAJA, S/O MUDRAMUNI, AGED ABOUT 50 YEARS, PRESIDENT, JAGALUR TALUK NAYAKARA SANGAH (R), JAGALUR TALUK, DAVANGERE DISTRICT-577528.

…PETITIONERS (BY SRI. MAHAMMED TAHIR A., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REP. BY ITS PRINCIPAL SECRETARY.

2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT REGISTRAR, DAVANGERE, DAVANGERE DISTRICT-577005.

…RESPONDENTS (BY SRI.B. RAVINDRANATH, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ISSUE RENEWAL CERTIFICATE TO P-1 SOCIETY BY ACCEPTING THE PROPOSAL DATED

03.01.2026 VIDE ANNX-E.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The first petitioner is a Society registered under the Karnataka Societies Registration Act, 1960 [for short, 'the Act'], and the second petitioner is its President. The petitioners have filed the audited financial statements [the Returns] for the years up to 2025-2026, and the second respondent has accepted the Returns filed for the previous years and issued a Certificate on 11.04.2025 [Annexure-C2]. The petitioners' grievance is with the second respondent's refusal to consider the Returns filed and to issue a Certificate as contemplated under Section 13 of the Act.

Sri Mohammed Tahir A., the learned counsel for the petitioners, argues that if the second respondent has issued Certificate accordingly for the previous years, there is no justification to refuse the Certificate for the current year 2025-26. The learned Counsel also places on record the following. [i] A rival member has filed a writ petition with this Court in W.P.No.9216/2025 [GM-KSR], [ii] This Court on 27.10.2025 has permitted him to withdraw the petition, [iii] This rival member has filed a suit in O.S.No.120/2025 on the file of the Civil Judge and JMFC, Jagalur and [iv] He is unsuccessful in his application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 for injunction against the current office bearers to attend to the affairs of the Society.

Sri B. Ravindranath, the learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard for disposal. This Court must opine that if the details filed for the previous year are accepted, there will be no justification for accepting the details filed for the current year, and especially when it is inarguable that mere acceptance of the Returns by the second respondent would not be conclusive and such acceptance would be subject to the outcome in suit in O.S.No.120/2025. Therefore, the following:

ORDER [A] The petition is allowed directing the second respondent to consider the Returns filed and the details as envisaged under Section 13 of the Act and issue a Certificate if the details are in compliance with all the requirements.

[B] The petitioners are reserved with liberty to file a certified copy of this order for due compliance within two [2] weeks from the date of receipt thereof.

[C] The second respondent shall consider and communicate its decision within four [4] weeks from the date of receipt of the certified copy of this Order.

Sd/-

(B M SHYAM PRASAD)

JUDGE SA