- 1 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201580 OF 2025 (CS-EL/M) BETWEEN: G. SATYANARAYAN S/O G.SURYA RAO, AGED ABOUT 57 YEARS, DIRECTOR, AMARESHWARA CAMP MILK PRODUCERS CO-OPERATIVE SOCIETY AND THE RAICHUR, BALLARI, KOPPAL AND VIJAYANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD,. BALLARI DAIRY R/AT, AMARESHWARA CAMP, HIRE KOTNAKAL, MANVI TALUK, RAICHUR DISTRICT-584123. …PETITIONER (BY SRI. S.R.VIJAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, CO-OPERATION DEPTT. M.S. BUILDINGS, BANGALORE-1. 2. THE RAICHUR, BALLARI, KOPPAL AND VIJAYANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., BALLARI DIRY SANJAY NAGAR, NEAR FIREBRIGADE OFFICE, CONTONMENT Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 BALLARI-583104. REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETY NO.1, ALI ASKAR ROAD, BANGALORE-51. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, KALABURAGI DIVISION, KALABURAGI-585103. 5. DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI-583104. 6. DEPUTY REGISTRAR CO-OPERATIVE SOCIETY, JANATA BAZAR BUILDING, STATION ROAD, BALLARI DIST. BALLARI-583104. 7. DEPUTY REGISTRAR CO-OPERATIVE SOCIETY, RAICHUR DISTRICT H. NO.1-11-38/50, LINGASUGUR ROAD, BASAVESHWAR COLONY, RAICHUR-584101. 8. THE PRESIDENT AMARESHWARA CAMP MILK PRODUCERS COOPERATIVE SOCIETY, AMARESHWARA CAMP, TQ. MANVI, DIST. RAICHUR-584102. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 AND R3 TO R7; SRI. LIYAQAT FAREED USTAD, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE RESPONDENT NO.2 & 4 TO CONSIDER THE REPORT DT. 21-02-2025 VIDE ANNEXURE-F1 OF 8TH RESPONDENT SOCIETY TO INCLUDE THE NAME OF THE PETITIONER IN VOTERS LIST, ENABLE TO THE PETITIONER COST HIS VOTE AND CONTEST THE ELECTIONS ON BEHALF OF THE 8TH RESPONDENT SOCIETY IN THIS WAY DISPOSED OF THE PETITION AND TO CONSIDER THE SAME GIVEN BY THE PETITIONER’S SOCIETY IN ANNEXURE-G TO WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Respondent No.8 is the Primary Society and which is a member of respondent No.2-Apex Society. Elections to respondent No.2-Apex Society were scheduled to be conducted in March-2024. However, there were litigations pertaining to the same and due to interim orders passed by this Court, elections to respondent No.2-Apex Society was not completed as scheduled. Respondent No.8 is said to have delegated one Smt.B.Shrilakshmi to represent respondent No.8 in respondent No.2-Society’s election. - 4 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 Thereafter, voter list for elections to be conducted to the Board of respondent No.2-Society has been finalized and the name of said Smt.B.Shrilakshmi as representing respondent No.8-Society finds a place in the voter list. However, as the elections were not held as contemplated and due to lapse of time, the said Smt.B.Shrilakshmi ceased to be a Director in respondent No.8-Society. Hence, the Board of Directors of respondent No.8-Society have delegated the present petitioner to represent the Society in the elections to be held to the Board of respondent No.2-Apex Society. On the ground that in spite of request made, the name of the petitioner is not included in the voter list and a chance is not afforded for him to contest as an office bearer to the respondent No.2-Apex Society, the present writ petition is filed with the following prayers: i. “Issue a writ in the nature of mandamus thereby directing the respondent No.2 & 4 to consider the report Dt. 21/02/2025 vide Annexure-F1 of 8th respondent society to - 5 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 include the name of the petitioner in voters list, enable to the petitioner cost his vote and contest the elections on behalf of the 8th respondent society in this way disposed of the petition and to consider the same given by the petitioner’s society in Annexure-G to writ petition in the interest of justice and equity. ii. Issue any other writ order or direction as this Hon’ble Court deems fit in view of the facts and circumstances of the case stated above in the interest of justice and equity.”. 2. Sri.R.J.Bhusare, learned counsel has filed impleading application on behalf of certain directors belonging to other Co-operative Societies who are members of respondent No.2-Apex Society. However, the same is not entertained as it is deemed not necessary. But he submits upon instructions that the aforementioned facts placed by the petitioner are true. 3. Learned High Court Government Pleader and counsel for respondent No.2 do not dispute the above facts. - 6 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 4. Perusal of the papers shows that the last date for submission of nomination to the Board of respondent No.2-Society is 02.07.2025. Though respondent No.8- Society had nominated Smt.B.Shrilakshmi as the delegate for the elections as she no longer is the Director of respondent No.8-Society, it has now nominated the petitioner as its delegate. Under the circumstances, petitioner is required to be allowed to participate in the elections to respondent No.2-Society and also contest for the post of office bearer to which he is eligible for. 5. Learned High Court Government Pleader further submits that a direction may be issued to the returning officer who is also a Government servant to verify the credentials of the petitioner and thereafter, include the name of the petitioner in the voters list and permit him to participate in the election. 6. Hence the following: ORDER - 7 - HC-KAR NC: 2025:KHC-K:3416 WP No. 201580 of 2025 The Returning Officer, who is responsible for conducting the elections to the Board of respondent No.2- Apex Society, is hereby directed to verify the credentials of the petitioner and if he is found that petitioner has been appointed as a delegate by respondent No.8-Society in the place of Smt.B.Shrilakshmi to participate in the elections to be conducted to respondent No.2-Society and if it is found that petitioner is eligible, then in that event the returning officer shall replace the name of the petitioner as the delegate of respondent No.8-Society and delete the name of Smt.B.Shrilakshmi. Further, if it is found that the petitioner is eligible to contest for election, he will be permitted to do so. Writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VNR/SDU List No.: 1 Sl No.: 32 CT:SI