2026 Supreme(Online)(Kar) 21318
THE HIGH COURT OF KARNATAKA
ASHOK S. KINAGI
SHRI. CHIDANANDAYYA A PUJAR – Appellant
Versus
THE PRINCIPAL SECRETARY – Respondent
WP 107578/2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 107578 OF 2025 (CS-EL/M)
BETWEEN:
1. SHRI. CHIDANANDAYYA A PUJAR AGE. 50 YEARS, OCC. MEMBER R/O. PLOT NO.6, BASAVESHWAR NAGAR BELAGAVI PIN CODE. 590006
2. SHRI NIKHIL UPPIN AGE. 46 YEARS, OCC. MEMBER R/O. PLOT NO.43 BASAVESHWAR NAGAR, BELAGAVI, PIN CODE. 590006
3. SHRI SANJEEV PUJAR AGE. 61 YEARS, OCC. MEMBER R/O. PLOT NO.39, BASAVESHWAR NAGAR, BELAGAVI PIN CODE. 590006
4. SHRI. KARTIK B GULL AGE. 42 YEARS OCC. MEMBER R/O. PLOT NO.43 BASAVESHWAR NAGAR, BELAGAVI PIN CODE. 590006 MOHANKUMAR B SHELAR
5. SMT. UMA SANJEEV PUJAR AGE. 51 YEARS OCC. MEMBER Digitally signed by MOHANKUMAR B R/O. PLOT NO.10 BASAVESHWAR NAGAR, SHELAR BELAGAVI PIN CODE. 590006 Date: 2026.03.27 15:51:50 +0530
6. SMT. SUDHA UPPIN AGE. 66 YEARS OCC. MEMBER R/O. PLOT NO.44 BASAVESHWAR NAGAR, BELAGAVI PIN CODE. 590006
7. SMT KALPANA S GULL AGE. 65 YEARS, OCC. DIRECTOR R/O. PLOT NO.7, SANGAMESHWAR NAGAR, BELAGAVI PIN CODE. 590010
8. SMT RADHIKA ARAGAVI AGE. 60 YEARS, OCC. MEMBER R/O. PLOT NO.39, SHANTI NAGAR, BELAGAVI PIN CODE. 590006 …PETITIONERS (BY SRI. PRANAV S. KATAGERI, ADV)
AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION STATE OF KARNATAKA, 6TH FLOOR M.S.BUILDING, BENGALURU-560052.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1 ALI ASKER ROAD, BENGALURU-560052
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, T.T..M.C. ‘A’ BLOCK SHANTHI NAGAR, BENGALURU REPRESENTED BY ITS COMMISSIONER PIN CODE. 560027
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BELAGAVI TALUKA BELAGAVI DIST. BELAGAVI PIN CODE- 590006
5. THE RETURNING OFFICER THE MODEL CO-OP. HOUSING SOCIETY LTD., SANGAMESHWAR NAGAR, DIST. BELAGAVI PIN CODE. 590010
6. THE CHAIRMAN THE MODEL CO-OP. HOUSING SOCIETY LTD., SANGAMESHWAR NAGAR DIST. BELAGAVI PIN CODE. 590010 …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR, R1, R2 & R4, SRI. G.V. BHARAMAGOUDAR, ADV FOR R3 & R5, SRI. SHIVARAJ P. MUDHOL, ADV FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED RESOLUTION NO.9 DATED 24-08-2025 PASSED BY THE RESPONDENT NO.6 AS PER ANNEXURE- E WITH RESPECT TO THE PETITIONERS.
II. ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO.4 AND 5 TO TREAT THE PETITIONERS AS THE ELIGIBLE VOTERS AND ACCORDINGLY TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL VOTERS LIST PRODUCED AT ANNEXURE-J DATED 05.10.2025.
III. ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HONBLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. Learned counsel for the petitioners submits that he will not press Prayer No.1 of the writ petition. The submission is placed on record. Accordingly, prayer No.1 of the writ petition is dismissed as not pressed.
2. The petitioners have filed the present writ petition seeking a writ of mandamus directing Respondent Nos. 4 and 5 to treat the petitioners as eligible voters and to include their names in the final voters’ list published at Annexure–J dated 05.10.2025.
3. Brief facts, leading rise to the filing of this petition are as follows:
Respondent No. 6 is registered co-operative society registered under the Karnataka Co-operative Societies Act, consisting of 211 members. The petitioners and certain other members submitted written complaint before Respondent No.4 and the Assistant Registrar of Co-operative Societies (Hereinafter referred to as the ‘ARCS’) alleging illegal activities on the part of the present management. Pursuant to the said complaint, Respondent No. 4 directed ARCS to conduct an inquiry. Accordingly, ARCS issued notice to Respondent No.6 Society requiring it to appear and sub