SRI RAJAGOPAL vs STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57064
WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 12348 OF 2024 (GM-KSR)

C/W

WRIT PETITION NO. 6657 OF 2024 (GM-KSR)

WRIT PETITION NO. 8668 OF 2024 (GM-KSR)

WRIT PETITION NO. 14779 OF 2024 (GM-KSR)

IN WP No. 12348/2024

BETWEEN:

SRI. RAJAGOPAL
S/O. BYRAHANUMAIAH,
AGED ABOUT 59 YEARS,
PRESIDENT/MEMBERSHIP NO.R107,
PEENYA GYMKHANA,
PLOT NO. 460/E IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 078.
…PETITIONER






Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA

(BY SMT. S. AISHWARYA, ADVOCATE FOR
SRI. RAJESWARA P.N, ADVOCATE)

AND:

1. STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATIVE SOCIETIES,
VIDHANA SOUDHA,
BENGALURU - 560 001.

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HC-KAR
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WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


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2. THE DEPUTY REGISTRAR OF
SOCIETIES AND DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETY
CIRCLE-1, SAHAKARA SOUDHA,
MARGOSA ROAD, MALLESHWARAM,
BENGALURU - 560 003.

3. M/S. PEENYA GYMKHANA
PLOT NO. 460/E IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058,
REP. BY ITS SECRETARY,
A SOCIETY REGISTERED UNDER THE
KARNATAKA CO-OPERATIVE SOCIETIES ACT.

4. THIMMAIAH B
S/O NOT KNOWN TO PETITIONER
SECRETARY PEENYA GYMKHANA (R)
PLOT NO. 4601E IV PHASE
PEENYA INDUSTRIAL AREA
BENGALURU - 560 058
…RESPONDENTS
(BY SRI. DEVIPRASAD SHETTY, ADVOCATE FOR C/R3;
SRI. M. SRINIVAS KUMAR, HCGP FOR R1 AND R2;
SRI. NAVEEN NAIKA M, ADVOCATE FO R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
AMENDED ACCEPTANCE LETTER DATED 18/01/2024 IN NO.
57/2023-24 VIDE ANNEXURE-E ISSUED BY THE R2 AND ETC.,
IN WP NO. 6657/2024
BETWEEN:
SRI. MANJUNATH H
S/O HANUMANTHARAYAPPA,

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HC-KAR
NC: 2026:KHC:57064
WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


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AGED ABOUT 49 YEARS,
NO.50, CHANDU NILAYA
CHURCH STREET, BEHIND ASHWINI HOSPITAL,
NELAGADHARANHALLI,
BANGALORE NORTH, NAGASANDRA
BENGALURU DISTRICT - 560 073.
...PETITIONER
(BY SRI. VARUN PATIL, ADVOCATE FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)

AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION,
VIDHANA SOUDHA, BANGALORE - 560 001,
REPRESENTED BY ITS SECRETARY.

2. THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
ALSO REGISTRAR OF SOCIETIES
BANGALORE DIVISION, 4TH CROSS,
SAHAKARA SOUDHA, 3RD FLOOR,
3RD MAIN ROAD, MALLESHWARAM
BANGALORE - 560 003.

3. THE PEENYA GYMKHANA
PLOT NO.460/E IV PHASE,
PEENYA INDUSTRIAL AREA,
BANGALORE - 560 058,
REPRESENTED BY ITS SECRETARY,
REGISTERED UNDER KARNATAKA SOCIETIES
REGISTRATION ACT 1960.
...RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP)

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WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
ORDER DATED 31/01/2024 PASSED BY R2 IN DRB-
1/S.SUM/DURU/113/2022-23 VIDE ANNEXURE-D AND
ETC.,
IN WP NO. 8668/2024
BETWEEN:
SRI. MEENESH KUMAR S
S/O R. SHAMAIAH,
AGED ABOUT 54 YEARS,
R/O NO. 3, 3RD FLOOR,
AASHIRWADAM NEW LAYOUT,
OPPOSITE 5TH CROSS,
VISVESHWARAIAH LAYOUT,
SIDEDHALLI MAIN ROAD,
BEHIND BHAVANI HARDWARE,
NAGASANDRA, BENGALURU - 560 073.
...PETITIONER
(BY SRI. SAGAR S.S, ADVOCATE FOR
SRI. K.V. SATEESHCHANDRA, ADVOCATE)

AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COOPERATIVE SOCIETIES,
VIDHANA SOUDHA, BENGALURU - 560 001.

2. THE JOINT REGISTRAR COOPERATIVE SOCIETIES
AND ALSO REGISTRAR OF SOCIETIES,
BENGALURU DIVISION,
4TH CROSS, SAHAKARA SOUDHA,
3RD FLOOR, 3RD MAIN ROAD,

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WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


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BENGALURU - 560 001.

3.
THE RETURNING OFFICER
AND ELELCTION OFFICER
R/O PEENYA GYMKHANA,
PLOT NO 460/E IV PHASE,
PEENYA INDUSTRIAL AREA,
BANGALORE - 560 058.

4. M/S. PEENYA GYMKHANA
R/O PLOT NO. 460/E IV PHASE,
PEENYA INDUSTRIAL AREA
BANGALORE - 560 058
REPRESENTED BY ITS SECRETARY,
(A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE SOCIETIES)
...RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 AND R2;
R3 - SERVED BUT UNREPRESENTED)

THIS WP IS FILED UNDER ARICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
CALENDAR OF EVENT, DATED 15/03/2024, PUBLISHED BY
THE THIRD RESPONDENT, VIDE ANNEXURE-H AND ETC.,
IN WP NO. 14779/2024
BETWEEN:

SRI. MANJUNATH H
S/O. HANUMANTHARAYAPPA,
AGED ABOUT 48 YEARS,
R/O NO. 50, CHANDU NILAYA,
CHURCH ROAD, BEHIND ASHWINI HOSPITAL,
NELAGADARANAHALLI,
NAGASANDRA,

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HC-KAR
NC: 2026:KHC:57064
WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


CNR: KAHC010255532024



BENGALURU - 560 073.
...PETITIONER
(BY SRI. SAGAR S.S, ADVOCATE FOR
SRI. K.V. SATEESHCHANDRA.,ADVOCATE)

AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATIVE SOCIETIES,
VIDHANA SOUDHA, BENGALURU - 560 001.

2. THE DEPUTY REGISTRAR OF SOCIEITES AND
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY,
R/O. CIRCLE-1, SAHAKARA SOUDHA,
MARGOSA ROAD, MALLESHWARAM,
BENGALURU - 560 003.

3. M/S. PEENYA GYMKHANA
R/O. PLOT NO. 460/E, IV PHASE,
PEENYA INDUSTRIAL AREA,
BANGALORE - 560 058,
REPRESENTED BY ITS SECRETARY,
(ASSOCIATION REGISTERED UNDER
THE KARNATAKA REGISTRATION OF
SOCIETIES, ACT, 1960)
...RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE
SECOND RESPONDENT TO CONSIDER THE
REPRESENTATION DATED 29/05/2024 OF THE PETITIONER
VIDE ANNEXURE-J AND ETC.,

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NC: 2026:KHC:57064
WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


CNR: KAHC010255532024



THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER
W.P.No.12348/2024 is filed by one of the Presidents
of respondent No.3, challenging the approval of the
amendments to the Bye-laws of respondent No.3/Society.
2. The petitioner has also sought issue of writ of
mandamus directing respondent No.2 to permit the
petitioner to operate the bank account of respondent No.3
along with respondent No.2. This Court, by interim order
dated 12.06.2024, permitted respondent No.2, the Deputy
Registrar of Societies, along with respondent No.4, to
operate the bank accounts of respondent No.3, by way of
an interim arrangement, solely to meet the day-to-day
expenses of the Society.
3. The term of the office-bearers of respondent
No.3 came to an end in the year 2022-23 itself. However,

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C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


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the election to the office-bearers of respondent
No.3/Society has not been conducted due to the multiple
interim orders passed in the connected writ petitions.
4. W.P.No.6657/2024 is filed by one of the
members and elected directors of the erstwhile Managing
Committee of respondent No.3/Society. The present writ
petition challenges the order dated 31.01.2024 at
Annexure-D, by which the term of the erstwhile Managing
Committee was extended for a period of 45 days, i.e., till
such time the elections are conducted to elect the office-
bearers of respondent No.3/Society. Pursuant to
Annexure-D dated 31.01.2024, the Development Officer of
the Department of Co-operative Societies has been
appointed as the Election Officer to conduct the elections
to respondent No.3/Society. However, in the light of the
interim order passed in W.P. No. 8668/2024, the elections
to respondent No. 3 were not conducted

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WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


CNR: KAHC010255532024



5. W.P. No. 8668/2024 is filed by one of the
members of respondent No. 4/Society, challenging the
issuance of the calendar of events for conducting the
elections to respondent No. 4/Society, on the ground that
the elections were sought to be conducted for a term of
two years instead of one year, as contemplated under the
Bye-laws of respondent No.4/Society. This Court, by
interim order dated 20.03.2024, stayed the calendar of
events, accepting the submission of the petitioner that the
tenure of the office-bearers of the Society is one year in
terms of the amended Bye-laws and not two years in
terms of the earlier Bye-laws.
6. W.P.No.14779/2024 is filed by one of the
members and a Director of the erstwhile Managing
Committee of respondent No.3/Society, seeking issuance
of a writ of mandamus directing the consideration of the
representation at Annexure-J. The request made in
Annexure-J is to permit the President of the Peenya

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WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


CNR: KAHC010255532024



Industries Association, which is the parent association of
respondent No.3 Club, to be authorized as a signatory.
7. By looking at the prayers sought in each of the
writ petitions and the interim orders passed therein, it is
observed that, because of the pendency of these writ
petitions and the different interim orders passed at the
instance of members and office-bearers of the Association,
the elections to the Society in question, viz, the Peenya
Industries Association, Bengaluru, have not been held for
the last two years.
8. It is necessary to notice that, in
W.P.No.6657/2024, this Court has recorded the
submission of the learned Additional Government
Advocate, on instructions from the official respondents,
that the elections to the Association in question would be
conducted within 45 days from 21.02.2024. However, the
interim order passed in W.P.No.8668/2024 became an

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WP No. 12348 of 2024
C/W WP No. 6657 of 2024
WP No. 8668 of 2024
AND 1 OTHER


CNR: KAHC010255532024



impediment for conducting the elections as undertaken in
W.P.No.6657/2024.
9. On an overall consideration of the prayers made
in all the writ petitions and the controversy involved, this
Court is of the considered opinion that the challenge to the
amendments to the Bye-laws of the respondent
Association, as raised in W.P.No.12348/2024, is not
maintainable before this Court. If the petitioner in
W.P.No.12348/2024 has any grievance with regard to the
amendments to the Bye-laws of the Society, the petitioner
may have to work out his remedies before the appropriate
Court of law. Therefore, the prayer sought in W.P. No.
12348/2024 cannot be granted. Accordingly, the said writ
petition is liable to be dismissed, with liberty to the
petitioner to work out the remedies in the manner known
to law.
10. The prayers sought in W.P.Nos.8668/2024 and
6657/2024 do not survive for consideration.

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C/W WP No. 6657 of 2024
WP No. 8668 of 2024
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11. In the light of the fact that the extension of the
term of office-bearers of the erstwhile Managing
Committee for a period of 45 days has spent itself, and the
appointment of the Election Officer to hold the elections to
the respondent Association could not be given effect to by
virtue of the interim orders passed in the other writ
petitions, the prayer sought in W.P.No.6657/2024 no
longer survives for consideration and no orders are
required.
12. As noticed supra, the calendar of events issued
to conduct the elections to the respondent Association was
challenged by the petitioner in W.P.No.8668/2024 on the
ground that the term of the office-bearers should be
restricted to one year and not two years, as per the
amended Bye-laws. It is only on that score the holding of
elections pursuant to the calendar of events which is
impugned in the said writ petition was stayed.

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C/W WP No. 6657 of 2024
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13. In the light of the fact that, as on date, the
amendment to the Bye-laws have been approved by the
competent authority and the Bye-laws currently in force
are the amended Bye-laws, the term of the office-bearers
of the Society is one year in terms of the amended Bye-
laws. Therefore, the election to respondent No.3/Society is
required to be conducted in terms of the amended Bye-
laws currently in force. Having regard to the undertaking
already given by the learned Additional Government
Advocate in W.P.No.6657/2024, respondent Nos. 1 and 2
are required to take immediate steps to conduct the
elections to the respondent Society in a time bound
manner.
14. In the light of the orders passed in W.P.Nos.
12348/2024, 6657/2024 and 8668/2024, the prayer
sought in W.P. No. 14779/2024 does not survive for
consideration. The interim arrangement made pursuant to
the interim order passed in W.P. No. 12348/2024, with
regard to the operation of the bank account to meet the

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C/W WP No. 6657 of 2024
WP No. 8668 of 2024
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day-to-day expenses of the respondent Society will have
to be continued till the conclusion of the election and the
constitution of the new Managing Committee of the
respondent Society.
15. In the result the following:
ORDER

i. W.P.No.12348/2024 is dismissed reserving
liberty to the petitioner to challenge the
amendment to the Bye-laws of the Respondent
Society in the manner known to law.

ii. W.P.No.6657/2024 and W.P.No.8668/2024 are
disposed of directing the official Respondents
to conduct the election to the managing
committee/office-bearers of the Respondent
Society within an outer limit of 3 months from
the date of receipt of certified copy of this
order in accordance with existing Bye-laws.

iii. The interim arrangement made by this Court
with regard to operation of Bank account of
the Respondent Society to meet the
day-to-day expenses is continued till

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C/W WP No. 6657 of 2024
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completion of the election process and
constitution of new managing committee.

iv. In the light of the aforesaid directions, the
prayers made in W.P.No.14779/2024 cannot
be granted and accordingly it is dismissed .

v. Pending IAs., if any, shall stand closed.



Sd/-
(T.P.VIVEKANANDA)
JUDGE






SMC
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