- 1 - NC: 2025:KHC:4078 WP No. 124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 124 OF 2025 (CS-EL/M) BETWEEN: 1. UDAYA G.S S/O NARAYANA GOWDA AGED ABOUT 48 YEARS MEMBER NO.3544 2. CHEENKRA S/O DOMBA AGED ABOUT 52 YEARS MEMBER NO.2430 3. DEVASYA P S/O VAKI AGED ABOUT 62 YEARS MEMBER NO.1134 4. SANTHAPPA K S/O KEPU AGED ABOUT 52 YEARS MEMBERSHIP NO.2737 5. SHAJU S/O CHAKO M.T AGED ABOUT 70 YEARS MEMBER NO.1498 6. ABHRAHAM S/O VAKI AGED ABOUT 56 YEARS MEMBER NO.1613 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4078 WP No. 124 of 2025 7. DANIEL GEORGE S/O GEORGE AGED ABOUT 71 YEARS MEMBER NO.1697 8. VEDALATHA RAI S/O KARUNAKARA RAI AGED ABOUT 58 YEARS MEMBER NO.2289 9. SHERIL E M W/O JOYI M J AGED ABOUT 35 YEARS MEMBER NO.2444 10. CHERIYAN E M S/O MATHAYI AGED ABOUT 48 YEARS MEMBER NO.2687 11. MOLIJOHN S/O JONE AGED ABOUT 69 YEARS MEMBER NO.2666 12. MATHEW E M S/O MATHAYI AGED ABOUT 74 YEARS MEMBER NO.2812 13. SHIVADASAN T.K S/O SANJEEVA ALWA AGED ABOUT 61 YEARS MEMBER NO.2879 14. SADASHIVAN S/O KUMARAN AGED ABOUT 57 YEARS MEMBER NO.2880 15. DEEPAK MANUEL S/O MANI EMANUEL - 3 - NC: 2025:KHC:4078 WP No. 124 of 2025 AGED ABOUT 35 YEARS MEMBER NO.3104 16. PHILOMIONA P.V W/O ANTONY REBELLO AGED ABOUT 49 YEARS MEMBER NO.3274 17. JOSEPH T C S/O CHERIYAN E M AGED ABOUT 46 YEARS MEMBER NO.3324 18. MANI C.S AGED ABOUT 51 YEARS MEMBER NO.3357 19. RINI JOSEPH W/O K.K. JOSEPH AGED ABOUT 41 YEARS MEMBER NO.3374 20. ANNAKUTTI P.S S/O SHAMARAYA PAI AGED ABOUT 56 YEARS MEMBER NO.3425 21. CHINNAMMA W/O THOMAS K C AGED ABOUT 60 YEARS MEMBER NO.3446 22. VISHWANATHA S/O VAMANA M K AGED ABOUT 43 YEARS MEMBERP NO.3434 23. MAHESHA S/O JOGI AGED ABOUT 33 YEARS MEMBER NO.4845 - 4 - NC: 2025:KHC:4078 WP No. 124 of 2025 24. GANESH S/O PUTTA AGED ABOUT 30 YEARS MEMBER NO.4848 25. SANJEEVA S/O CHENNA NALKE AGED ABOUT 42 YEARS MEMBER NO.4853 26. POOVAPPA S/O BHAIRA AGED ABOUT 49 YEARS MEMBER NO.4857 27. MEENAKSHI W/O RAMESHA AGED ABOUT 39 YEARS MEMBER NO.4887 28. GIRIJA W/O CHOMA AGED ABOUT 47 YEARS MEMBERS NO.5133 29. BHARATH P S/O JAYANTHA M K AGED ABOUT 32 YEARS MEMBERNO.5157 30. RAJSHAKERA S/O HONAPPA POOJARY AGED ABOUT 41 YEARS MEMBER NO.4173 31. JAGADEESHA S/O HONNAPPA POOJARY AGED ABOUT 39 YEARS MEMBERS NO.4176 32. HARISH GOWDA K S/O CHAANDI - 5 - NC: 2025:KHC:4078 WP No. 124 of 2025 AGED ABOUT 63 YEARS MEMBER NO.4190 33. RATHISH GOWDA K A S/O MUCHIRADKA AGED ABOUT 60 YEARS MEMBER NO.2241 34. HONNAMMA W/O PADMAYA POOJARY AGED ABOUT 57 YEARS MEMBER NO.2761 35. KUSUMA W/O PADMAYA POOJARY AGED ABOUT 37 YEARS MEMBER NO.2764 36. SUNIL GOKHLE S/O VENKETESH GOKHALE AGED ABOUT 41 YEARS MEMBER NO.2561 37. NEELAMMA W/O SESAPPA POOJARY AGED ABOUT 52 YEARS MEMBERS NO.2881 38. VANIJA W/O DODDANNA GOWDA AGED ABOUT 47 YEARS MEMBER NO.3041 39. KRISHNAPPA GOWDA S/O BABU GOWDA AGED ABOUT 58 YEARS MEMBER NO.3137 40. LALITHA D/O KAMALA AGED ABOUT 44 YEARS MEMBER NO.3313 - 6 - NC: 2025:KHC:4078 WP No. 124 of 2025 41. PUSHPA K. GOWDA W/O D. KINNI GOWDA AGED ABOUT 53 YEARS MEMBER NO.3493 42. CHENNAPPA N S/O RAMA KALEKODIYA AGED ABOUT 57 YEARS MEMBER NO.3615 43. DAYANANDA GOWDA S/O MANJUNATHA GOWDA AGED ABOUT 39 YEARS MEMBER NO.3664 44. VISHWANATHA GOWDA S/O MACHA YANE SESU GOWDA AGED ABOUT 38 YEARS MEMBER NO.4651 45. JANAKI W/O MANJUNATHA GOWDA AGED ABOUT 63 YEARS MEMBER NO.3664 46. KARTHIK D S/O D. KINNI GOWDA AGED ABOUT 34 YEARS MEMBER NO.4363 47. NAVEEN K S/O KORAGAPPA M K AGED ABOUT 32 YEARS MEMBER NO.4676 48. ASHWITHA D W/O NAVEEN G AGED ABOUT 36 YEARS MEMBER NO.4983 49. HARISH KUMAR M A S/O ANNU GOWDA ] - 7 - NC: 2025:KHC:4078 WP No. 124 of 2025 AGED ABOUT 32 YEARS MEMBER NO.4988 50. DEEPAK D S/O DODDANNA GOWDA AGED ABOUT 36 YEARS MEMBER NO.5023 51. CHANNAMMA W/O OBBAYYA GOWDA AGED ABOUT 65 YEARS MEMBER NO.2686 52. SUBBA GOWDA S/O THIMMAPA GOWDA AGED ABOUT 65 YEARS MEMBER.1782 53. CHANAPPA POOJARY S/O VEERAPPA POOJARY AGED ABOUT 64 YEARS MEMBER NO.1854 54. CHANNAPPA NALKE S/O ANNU NALKE AGED ABOUT 52 YEARS MEMBER NO.2352 55. JALAJA W/O SUBBAYYA POOJARY AGED ABOUT 57 YEARS MEMBER NO.2320 56. JANAKI W/O DHANNPPA POOJARY AGED ABOUT 52 YEARS MEMBER NO.2460 57. RAMANNA GOWDA S/O ODIYAPPA GOWDA AGED ABOUT 57 YEARS MEMBER NO.2683 - 8 - NC: 2025:KHC:4078 WP No. 124 of 2025 58. SHEENA POOJARY W/O CHENNAPPA POOJARY AGED ABOUT 45 YEARS MEMBER NO.2937 59. M V MATHEW S/O VAKI AGED ABOUT 63 YEARS MEMBER NO.3875 60. APPI S/O THIMMAPPA POOJARY AGED ABOUT 65 YEARS MEMBER NO.3894 61. MADHU P V S/O M V VARGEES AGED ABOUT 43 YEARS MEMBER NO.4399 62. ELIYAMMA W/O O V JOSE AGED ABOUT 59 YEARS MEMBER NO.4287 63. JINSU S/O JOSE AGED ABOUT 39 YEARS MEMBER NO.4544 64. CHAKO M S/O MATHAYI M V AGED ABOUT 63 YEARS MEMBER NO.3877 65. SHINTO B S/O V M BABU AGED ABOUT 65 YEARS MEMBER NO.4835 66. SUDHA W/O SURESH - 9 - NC: 2025:KHC:4078 WP No. 124 of 2025 AGED ABOUT 38 YEARS MEMBER NO.4987 67. SURESH C R S/O RAGHAVAN AGED ABOUT 45 YEARS MEMBER NO.2580 68. SHALINI P A W/O P V ELIYAS AGED ABOUT 48 YEARS MEMBER NO.4195 69. SHANTHI P A W/O P V ELIYAS AGED ABOUT 42 YEARS MEMBER.4196 70. ELIYAMMA P V W/O P V ELIYAS AGED ABOUT 69 YEARS MEMBER NO.4192 71. SHEENAPPA MUGERA S/O CHARMBA AGED ABOUT 62 YEARS MEMBER NO.5011 72. PRADEEP SHETTY S/O SOMAPPA SHETTY AGED ABOUT 51 YEARS MEMBER NO.3222 73. PRAHALAD MARATHE S/O VASU DEVA MARATHE AGED ABOUT 38 YEARS MEMBER NO.3622 74. NIMMI CHAKO W/O E P CHAKO AGED ABOUT 43 YEARS MEMBER NO.3688 - 10 - NC: 2025:KHC:4078 WP No. 124 of 2025 75. TOMY JOSEPH S/O JOSEPH AGED ABOUT 52 YEARS MEMBER NO.3541 76. UDAYA KUMAR S/O SRI KRISHAN BHATT V K AGED ABOUT 37 YEARS MEMBER NO.3772 77. MINI THHILAKAN S/O THILAKKAN AGED ABOUT 39 YEARS MEMBER NO.3950 78. RAVEENDRA K S/O D M BABU AGED ABOUT 52 YEARS MEMBER NO.4352 79. JAYANTHI W/O RAVEENDRA K AGED ABOUT 45 YEARS MEMBER NO.4351 80. NARASIHMA BHAT S/O VASUDEVA BHATT AGED ABOUT 61 YEARS MEMBER NO.4359 81. RATNAKARA N S/O NARAYANA ACHARI AGED ABOUT 56 YEARS MEMBER NO.4935 82. USHA V W/O RATHNAKARA YAN AGED ABOUT 52 YEARS MEMBER NO.3365 83. KISHORE KUMAR S/O ANANDA KUMAR - 11 - NC: 2025:KHC:4078 WP No. 124 of 2025 AGED ABOUT 32 YEARS MEMBER NO.4752 84. SUMATHI W/O JAYANTHA ACHARI AGED ABOUT 58 YEARS MEMBER NO.3168 85. UMESH HEBBAR S/O VENKETESH HEBBAR H AGED ABOUT 68 YEARS MEMBER NO.819 86. SHEENA SHETTY W/O ESHWAR SHETTY AGED ABOUT 78 YEARS MEMBER NO.1486 87. HONNAMMA W/O NAGAPPA GOWDA AGED ABOUT 88 YEARS MEMBER NO.1494 88. PADMAYA BANIGA W/O KORAGA BARIGA AGED ABOUT 66 YEARS MEMBER NO.2290 89. KUSHLAPPA GOWDA S/O KOCHHAPPA GOWDA AGED ABOUT 76 YEARS MEMBER NO.2462 90. CHERIYAN E M S/O MATHAYI AGED ABOUT 58 YEARS MEMBER NO.2627 91. NAGARAJ S/O GOVIND BHATT K AGED ABOUT 55 YEARS MEMBER NO.2840 - 12 - NC: 2025:KHC:4078 WP No. 124 of 2025 92. PRASHANTH P N S/O GOVINDA BHATT K AGED ABOUT 46 YEARS MEMBER NO.2873 93. SAROJINI BHAT W/O GOVINDA BHAT K AGED ABOUT 65 YEARS MEMBER NO.2874 94. LAKSHMI W/O CHANDRASHEKARA POOJARY AGED ABOUT 46 YEARS MEMBER NO.2905 95. PRABHAVATHI W/O GIRISH POOJARY AGED ABOUT 42 YEARS MEMBER NO.2906 96. KARUNAKARA GOWDA S/O SUNDARA GOWDA AGED ABOUT 54 YEARS MEMBER NO.3058 97. PADMAVATHI W/O SANJEEVA GOWADA AGED ABOUT 56 YEARS MEMBER NO.3310 98. SANJEEVA GOWDA S/O GANAPPAYYA GOWDA AGED ABOUT 61 YEARS MEMBER NO.3341 99. VARIJA W/O BABU BHANDARI AGED ABOUT 60 YEARS MEMBER NO.3679 100. TUKARAMA SHETTIGAR S/O BABU SHETTY - 13 - NC: 2025:KHC:4078 WP No. 124 of 2025 AGED ABOUT 59 YEARS MEMBER NO.3401 101. ANANDA GOWDA S/O LINGAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO.3444 ALL ARE MEMBERS OF HATHYADKA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 ARASINAMAKKI POST, HATHYADKA VILLAGE BELTHANGADY TALUK D.K DISTRICT-574 198 …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H.ROAD, SHANTHINAGAR BANGALORE-560 027 REPRESENTED BY ITS SECRETARY 3. HATHYADKA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 - 14 - NC: 2025:KHC:4078 WP No. 124 of 2025 ARASINAMAKKI POST, HATHYADKA VILLAGE BELTHANGADY TALUK D.K DISTRICT-574 198 REPRESENTED BY ITS CEO 4. THE RETURNING OFFICER HATHYADKA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., ARASINAMAKKI POST HATHYADKA VILLAGE BELTHANGADY TALUK D K DISTRICT-574 198 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. DEEPAK SHETTY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UPCOMING ELECTIONS OF THE R-3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 08.01.2025 (ANNX-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 15 - NC: 2025:KHC:4078 WP No. 124 of 2025 ORAL ORDER Petitioners are seeking to direct respondents 4 to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.3 which was scheduled to be held on 08.01.2025. 2. This Court, by way of interim arrangement on 07.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 08.01.2025 to the Board of Directors of respondent No.3-society subject to the final outcome of this writ petition. 3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. Rule 13-D of the KCS Rules, 1960 reads as under: - 16 - NC: 2025:KHC:4078 WP No. 124 of 2025 “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– - 17 - NC: 2025:KHC:4078 WP No. 124 of 2025 (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. - 18 - NC: 2025:KHC:4078 WP No. 124 of 2025 (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; - 19 - NC: 2025:KHC:4078 WP No. 124 of 2025 (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to - 20 - NC: 2025:KHC:4078 WP No. 124 of 2025 represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or - 21 - NC: 2025:KHC:4078 WP No. 124 of 2025 (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” - 22 - NC: 2025:KHC:4078 WP No. 124 of 2025 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.3-society and attended all the annual general body meetings, in spite of which respondent No.5- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.3-society. 6. The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: 1 ILR 2024 KAR 1901 - 23 - NC: 2025:KHC:4078 WP No. 124 of 2025 “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election - 24 - NC: 2025:KHC:4078 WP No. 124 of 2025 process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following: ORDER Writ petition is disposed of on the following terms: - 25 - NC: 2025:KHC:4078 WP No. 124 of 2025 (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 8. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding - 26 - NC: 2025:KHC:4078 WP No. 124 of 2025 anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. - 27 - NC: 2025:KHC:4078 WP No. 124 of 2025 (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.– (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary - 28 - NC: 2025:KHC:4078 WP No. 124 of 2025 contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its - 29 - NC: 2025:KHC:4078 WP No. 124 of 2025 impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in these petitions to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petitions need to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 08.01.2025 to the Board of Directors of respondent No.3-society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 30 - NC: 2025:KHC:4078 WP No. 124 of 2025 of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.3- society. iv. All the contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA NS List No.: 1 Sl No.: 41