- 1 - NC: 2025:KHC:857 WP No. 254 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 254 OF 2025 (CS-EL/M) BETWEEN: SRI MURHTY S/O LATE. DASEGOWDA, AGED ABOUT 64 YEARS, R/AT DODDAKANAGAL VILLAGE @ POST, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 213. …PETITIONER (BY SRI. H. J. ANANDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE REGION, PUBLIC OFFICES BUILDING, NEW SYYAJIRAO ROAD, MYSURU-570 024. 3. RETURNING OFFICER, ALUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., ALUR TALUK, HASSAN DISTRICT-573 213. 4. ALUR TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., ALUR TALUK, Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:857 WP No. 254 of 2025 HASSAN DISTRICT-573 213. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO., AGA FOR R1 TO 3; V/O DATED 09.01.2025 NOTICE TO R4 D/W/) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION BEARING NO.JRM/C/AAMANCHU/C.R-158/2024- 25 DATED 04.12.2024 ISSUED BY THE R-2 VIDE AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioner has sought for following prayers: "(i) Issue a writ of Certiorari to quash the impugned Notification bearing No.JRM/C/Aamanchu/C.R- 158/2024-25 dated 04/12/2024 issued by the Respondent No.2 vide at ANNEXURE-A. (ii) Issue a Writ of Certiorari to quash the impugned ineligible voters list only in so far as the petitioner is concerned vide at ANNEXURE-B in the interest of Justice and equity. (iii) To issue a writ of Mandamus or Direction to the Respondents No.2 to 4 to issue individual notices to all share holders of the 4th respondent bank and thereafter prepare and finalize voters list and thereafter to conduct election to the members of - 3 - NC: 2025:KHC:857 WP No. 254 of 2025 the Managing Committee of the 4th respondent bank in the inters of justice and equity". 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record. 3. The notification was published on 04.12.2024 under Rule 14(1) in Form No.XI under the provisions of the Karnataka Co-Operative Societies Act, 1959 (‘the KCS Act, 1959’ for short) and the Karnataka Co-Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) to conduct the elections to the members of the Managing Committee of the respondent No.4-Bank, accordingly Returning Officer was appointed, calendar of events was published scheduling the date of election on 12.01.2025. Rule 14(1) of KCS Rules, 1960 prescribes how the election officer shall notify election, which reads as under: "14. Notification of General Election.-(1) The District Election Officer shall with the approval of the CEC notify in Form XI the intended election referred to in Section 39-AA. - 4 - NC: 2025:KHC:857 WP No. 254 of 2025 (2) The District Election Officer shall in such notification specify.- (i) the last date for making nominations which shall be the [seven] clear day before the date of election; (ii) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations; (iii) the last date for the withdrawal of candidatures, which shall be the fifth clear day before the date of election; (iv) the date on which the poll shall, if necessary, be taken and the hours [between 9.00 a.m. to 4.00 p.m.] during which the poll shall be taken; and (v) the date before which the election shall be completed. (3) (a) On the issue of the notification under sub-rule (1), the returning officer shall give a public notice of the intended election in Form XII by displaying it on the notice board in his office and in the office of the co-operative society and at such other places as he deems necessary, inviting nominations for such election. - 5 - NC: 2025:KHC:857 WP No. 254 of 2025 (b) In the said notice, the returning officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, the last date for withdrawal of candidature, the date on which a poll shall, if necessary be taken and the hours [between 9.00 a.m. to 4.00 p.m.] of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the District Election Officer under sub-rule (2)." 4. It is the case of the petitioner that the respondent No.4 has prepared the final voters list for the ensuing election to the Directors of the Managing Committee and petitioner has been declared as an ineligible voter and the right to vote is taken. That the entire process of preparing the final voters list is in violation and opposed to provisions of the KCS Act, 1959 and KCS Rules, 1960. 5. The petitioner seeks to stay the notification of publication of calendar events, to quash the ineligible list and a direction to issue individual notices to all shareholders of respondent No.4-Bank and thereafter prepare and finalize - 6 - NC: 2025:KHC:857 WP No. 254 of 2025 the voters list and to conduct election of the managing committee of respondent No.4-Bank, the prayers sought in the writ petition is after the issuance of calendar events, the petitioner has not made any exceptional case to interfere under Article 226 of the Constitution when there is an alternative efficacious remedy available to the petitioner under Section 70 of the KCS Act, 1959, accordingly, the writ petition is dismissed as not maintainable with liberty to approach the appropriate Authority if so advised, in accordance with law. This Court has not expressed merits or demerits of the case. All contentions of the parties are kept open. Sd/- (JUSTICE K.S. HEMALEKHA) AT List No.: 1 Sl No.: 6