Sri.H.Venkatesh v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24976 OF 2026 (GM-KSR) BETWEEN:

SHRI. H. VENKATESH, S/O HANUMAIAH, AGED ABOUT 53 YEARS, R/A NO.31, 2ND CROSS ROAD, VINAYAKA LAYOUT, RAMASANDRA, BENGALURU - 560 060. …PETITIONER (BY SRI. V.B.SHIVAKUMAR., ADVOCATE) AND:

¶1STATE OF KARNATAKA, DEPARTMENT OF COOPERATIVE SOCIETIES, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. REPRESENTED BY ITS UNDER SECRETARY.

¶2THE REGISTRAR OF COOPERATIVE SOCIETIES, ALI ASKER ROAD, BENGALURU - 560 052.

¶3THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES AND DEPUTY REGISTRAR OF SOCIETIES, ZONE-4, BENGALURU URBAN DISTRICT,

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:42661( WP(No.(24976(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010550252026( ( ( SAHAKARI,SOUDHA,,, MALLESHWARAM,,, BENGALURU,-,560,003., ,

4., THE,ADMINISTRATOR,, THE,CITIZEN,WELFARE,SOCIETY,,, NO.544/79,,GROUND,FLOOR,,, TH7 ,MAIN,ROAD,,VIJAYANAGAR,,, BENGALURU,-,560,040., …RESPONDENTS, (BY,SRI.DEVARAJ,C.H.,,GA,FOR,STATE), , THIS, W.P., IS, FILED, UNDER, ARTICLE, 226, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, A), ISSUE, A, WRIT, IN, THE, NATURE, OF, CERTIORARI, OR, ANY, OTHER, APPROPRIATE, WRIT, OR, ORDER, OR, DIRECTION, QUASHING, THE, ORDER, DATED,04.04.2026,VIDE,NO.CO,32,CSR,2026,PRODUCED,AT, ANNEXURE-A,, AND, CONSEQUENTLY, APPOINT, NEW, ADMINISTRATOR,TO,THE,SOCIETY,CITIZEN,WELFARE,SOCIETY, TILL, ELECTED, BODY, HAS, TAKEN, CHARGE, OF, THE, SOCIETY, AND,ETC.,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,SURAJ,GOVINDARAJ, , ORAL(ORDER(

1., Learned, Additional, Government,Advocate,accepts,notice, for,respondents.,,

2., Petitioner, is, before, this, Court, seeking, for, the, following, reliefs:,

"a) Issue a Writ in the nature of Certiorari or any other appropriate Writ or Order or direction quashing the Order dated 04.04.2026 vide No. CO 32 CSR 2026 produced at Annexure-A, and consequently appoint new administrator to the society "Citizen Welfare Society "till elected body has taken charge of the society.

b) For a writ in the nature of mandamus or any other appropriate writ or direction directing the Respondent and the Administrator to prepare the membership list of the Citizen Welfare Society (Reg.) as per list provided by society produced as Annexure-C and consequently upon Membership having being prepared, schedule the election date, conduct elections of the Office bearers under supervision of independent officer and put the elected body in management of the Society."

¶3The submission of Sri V.B.Shivakumar, learned counsel appearing for the petitioner is that once earlier an Administrator had been appointed, in pursuance an enquiry report had been submitted. The said Administrator did not conduct any elections to the Society and now, another Administrator has been appointed vide order dated 04.04.2026 at Annexure-'A'. His submission is that the earlier Administrator could not have been discharged without the said Administrator having conducted the elections and on that ground, he firstly seeks for quashing of the order for appointment of the second Administrator and also for mandamus, directing

the respondents and the Administrator to prepare the membership list to conduct the elections.

¶4Both the prayers which have been sought for are contradictory. in as much as second prayer what has been sought for is a mandamus, directing the Registrar and the Administrator to prepare a membership list and conduct the election, which cannot be so done, if the 1st prayer for quashing the appointment of an Administrator were to be considered.

¶5Faced with the above situation, learned counsel for the petitioner submitted that he would not press prayer (a) in the above said writ petition, as such, prayer (a) is deleted.

¶6Learned counsel for the petitioner to make necessary endorsement in this writ petition.

¶7An enquiry having been conducted under Section 25 of the Karnataka Societies Registration Act, 1960 and Administrator having been appointed under Section 27A

of the said Act, it is the Administrator, who is required to perform all functions and duties of the governing body of the said Association/Society and in terms of Section 27A(4), the Administrator is required to, before the expiry of the period of his appointment, take necessary action to convene the general body meeting of the society and hold elections to constitution of the governing body. Thus, once an Administrator has been appointed, it is required for the Administrator, before the expiry of his period to conduct the elections. In the present matter, though the earlier Administrator had not conducted the election, the present Administrator is required to conduct such elections.

¶8Learned Additional Government Advocate on instructions submitted that given twelve weeks time, the necessary process of preparation of the electoral roll and conduct of the election could be completed.

¶9In that view of the matter, this Court passes the following:

ORDER

(a) Writ petition is partly allowed.

(b) A mandamus is issued, directing the Adminstrator to comply with the bye-laws of the Society for the purpose of holding Annual General Body meeting as also for conducting election within a period of twelve weeks from the date of receipt of a copy of this order.

Sd/- (SURAJ GOVINDARAJ) JUDGE

PSJ List No.: 1 Sl No.: 28