THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL, SET ASIDE THE ORDER DATED 30/04/2026 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.4886/2025, AND CONSEQUENTLY DISMISS THE WRIT PETITION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

and

HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)

1. This intra-Court appeal is filed by respondent No.7 in W.P.No.4886/2025, calling in question the correctness of the order dated 30.04.2026 passed by the learned Single Judge in the aforesaid writ petition, whereby the learned Single Judge has allowed the writ petition and set aside the order dated 13.02.2025 passed in Dispute No.UBC-3/DIS/1880/2024-25 by respondent No.1 - Joint Registrar of Co-operative Societies. By the said order, the learned Single Judge has quashed the proceedings restraining respondent Nos.23 to 26 from contesting the elections to the posts of President and Vice-President of the respondent No.5-Federal Society. Consequently, the proceedings dated 13.02.2025 issued by the Returning Officer declaring the present appellant as President and one Sri Darappa M. Alaguru as Vice-President of the respondent No.5-Federal Society also came to be quashed. The learned Single Judge has further directed the respondent No.5-Federal Society to issue a fresh calendar of events for conducting elections to the posts of President and Vice-President and to permit all the elected Directors of the respondent No.5-Federal Society, including respondent Nos.23 to 26, to contest and participate in the election process by exercising their right to vote.

2. The facts leading to the filing of the present intra-Court appeal, in brief, are that the appellant and respondent Nos.1 to 26 were elected as Directors to the Board of the respondent No.5-Federal Society. There is no dispute with regard to the election of the Directors to the Board of the respondent No.5-Society held on 28.01.2025. Pursuant to the constitution of the Board, the Returning Officer issued a calendar of events notifying the election to the posts of President and Vice-President of the respondent No.5-Federal Society and scheduled the election on 13.02.2025.

3. In terms of the calendar of events, the appellant filed his nomination for the post of President. Respondent Nos.23 and 24 also filed their nominations for the very same post. At that juncture, the respondent No.6-Society, represented by its Secretary, initiated proceedings under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'), by raising a dispute against respondent Nos.23 to 26 and sought a direction against the Returning Officer not to permit Respondent Nos.23 to 26 either to contest or to participate by exercising their voting rights in the election to the office bearers of the respondent No.5-Federal Society scheduled to be held on 13.02.2025.

4. The respondent No.1-Joint Registrar of Co-operative Societies, on entertaining the said dispute, passed an interim order restraining respondent Nos.23 to 26 from contesting and voting in the election to the posts of President and Vice-President of the respondent No.5-Federal Society. In consequence of the said interim order, respondent Nos.23 to 26 were prevented from participating in the election process. The election was thereafter conducted on 13.02.2025, wherein the appellant came to be elected as President and one Sri Darappa M. Alaguru was elected as Vice-President of the respondent No.5-Federal Society.

5. Aggrieved by the interim order passed by the respondent No.1 and the consequential declaration of results, respondent Nos.23 to 26 instituted W.P.No.4886/2025 before this Court questioning the legality of the order dated 13.02.2025 passed by the respondent No.1 in Dispute No.UBC-3/DIS/1880/2024-25. The writ petitioners also sought quashing of the proceedings