- 1 - NC: 2025:KHC:3283 WP No. 422 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 422 OF 2025 (CS-EL/M) BETWEEN: 1. UDAYA KUMAR I J S/O JINNAIAH HEGDE AGED ABOUT 52 YEARS MEMBERSHIP NO.34 2. BHRAMILADEVI K P W/O PADMARAJAIAH K N AGED ABOUT 62 YEARS, MEMBERSHIP NO.48 3. GOPAL GOWDA K R S/O RAME GOWDA AGED ABOUT 60 YEARS MEMBERSHIP NO.70 4. LAKSHMANA GOWDA J C S/O CHINNE GOWDA K M AGED ABOUT 60 YEARS, MEMBERSHIP NO.99 5. CHANDAPPA GOWDA K C S/O CHINNE GOWDA K S AGED ABOUT 72 YEARS, MEMBERSHIP NO.102 6. GANAPATHI GOWDA K V S/O VENKAPPA GOWDA AGED ABOUT 72 YEARS, MEMBERSHIP NO.225 7. PARAMESHWARACHAR Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3283 WP No. 422 of 2025 S/O SUBBACHAR AGED ABOUT 65 YEARS, MEMBERSHIP NO.632 8. AJITH G S/O GAJENDRA G K AGED ABOUT 40 YEARS, MEMBERSHIP NO.655 9. HOOVAPPA SHETTY S/O DEVARA SHETTY AGED ABOUT 65 YEARS, MEMBERSHIP NO.658 10. JAGASISH S/O LAKSHMANA POOJARY AGED ABOUT 53 YEARS, MEMBERSHIP NO.679 11. RAGHUNATHA GOWDA M N S/O NAGAPPA GOWDA AGED ABOUT 63 YEARS, MEMBERSHIP NO.685 12. RUDRAPPA GOWDA R T S/O THIMME GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.863 13. KRISHNAMURTHY H S S/O SIDDAPPA GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.876 14. MOHANDAS K S/O KESHAVA PILLE AGED ABOUT 70 YEARS, MEMBERSHIP NO.905 15. NARAYANA GOWDA H G S/O GANAPATHI GOWDA AGED ABOUT 74 YEARS, - 3 - NC: 2025:KHC:3283 WP No. 422 of 2025 MEMBERSHIP NO.937 16. NARAYANA S/O BOBE GOWDA AGED ABOUT 50 YEARS, MEMBERSHIP NO.938 17. CHANDEGOWDA S/O MANJAPPA GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.950 18. SEETHAMMA K R D/O RAMAPPA GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.999 19. SATHISH S S S/O SUBBEGOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.1005 20. SHRINIVASA D S/O DEVAPPA GOWDA AGED ABOUT 68 YEARS, MEMBERSHIP NO.1083 21. KRISHNE GOWDA T M S/O MANJAPPA GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO. 1098 22. JAGADISH H M S/O MANJAPPA GOWDA AGED ABOUT 55 YEARS, MEMBERSHIP NO.1100 23. RAMACHANDREGOWDA T D S/O DHYAVEGOWDA AGED ABOUT 61 YEARS, MEMBERSHIP NO.1119 - 4 - NC: 2025:KHC:3283 WP No. 422 of 2025 24. GANAPATHI TS S/O SIDDAPPA GOWDA AGED ABOUT 62 YEARS, MEMBERSHIP NO. 1128 25. LAKSHMANA GOWDA N V S/O ERAPPA GOWDA AGED ABOUT 62 YEARS, MEMBERSHIP NO.1159 26. SHRINIVASA RT S/O THIMMA GOWDA AGED ABOUT 56 YEARS, MEMBERSHIP NO.1183 27. VIMALA W/O RAVI AGED ABOUT 46 YEARS, MEMBERSHIP NO.1288 28. SANTHOSH NAIK S/O SEENA NAIKA AGED ABOUT 46 YEARS, MEMBERSHIP NO.1486 29. VINCENT MONIS S/O R MONIS AGED ABOUT 45 YEARS MEMBERSHIP NO.1585 30. SRINIVASA S/O RAMAPPA GOWDA AGED ABOUT 53 YEARS, MEMBERSHIP NO.1586 31. RAVI GOWDA S/O RANGE GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO. 1598 32. PRADEEPA S/O SUBBA AGED ABOUT 40 YEARS, - 5 - NC: 2025:KHC:3283 WP No. 422 of 2025 MEMBERSHIP NO.1651 33. JAGADISHA HP S/O PUTTE GOWDA AGED ABOUT 48 YEARS, MEMBERSHIP NO.1761 34. SYAMANNA HB S/O BEEMARAO H S AGED ABOUT 60 YEARS, MEMBERSHIP NO.1765 35. MALATHI S RAO W/O SYAMANNA H B AGED ABOUT 48 YEARS, MEMBERSHIP NO.1766 36. SUNDRESHA S/O LOKAIAH AGED ABOUT 48 YEARS, MEMBERSHIP NO.1788 37. GIRISHA S/O BAIRAIAH AGED ABOUT 38 YEARS, MEMBERSHIP NO.1877 38. RAVI M C S/O CHINNE GOWDA AGED ABOUT 52 YEARS, MEMBERSHIP NO.2081 39. RAVI S S/O SHIVANNA SHETTY AGED ABOUT 48 YEARS, MEMBERSHIP NO.2128 40. GOPALA G S S/O SUBBE GOWDA AGED ABOUT 52 YEARS, MEMBERSHIP NO.2141 - 6 - NC: 2025:KHC:3283 WP No. 422 of 2025 41. SHARADAMMA W/O LAKSHMANA ACHAR AGED ABOUT 60 YEARS, MEMBERSHIP NO.2162 42. PRABHAKARA S/O RAMEGOWDA AGED ABOUT 32 YEARS, MEMBERSHIP NO.2171 43. SURESHA S/O NONE GOWDA AGED ABOUT 35 YEARS, MEMBERSHIP NO.2193 44. JAGADISHA KR S/O RUDRAPPA GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.2250 45. GOPALA S/O LINGAPPA GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.2255 46. VASU S/O NONALAH GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.2258 47. SURESHA A S/O ANTHU AGED ABOUT 42 YEARS, MEMBERSHIP NO.2259 48. SUBRAMANYA S/O NARAYANA AGED ABOUT 60 YEARS, MEMBERSHIP NO. 2263 49. CHANDRE GOWDA S/O THIMMAPPA GOWDA - 7 - NC: 2025:KHC:3283 WP No. 422 of 2025 AGED ABOUT 58 YEARS, MEMBERSHIP NO. 2266 50. SWAPNA SAMPATH W/O SAMPATH KUMAR B G AGED ABOUT 46 YEARS, MEMBERSHIP NO.2272 51. MANJAPPA GOWDA K R S/O RAMAPPA GOWDA AGED ABOUT 68 YEARS, MEMBERSHIP NO.2288 52. SAVITHRI W/O BABU R AGED ABOUT 55 YEARS, MEMBERSHIP NO.2293 53. POORNIMA DR W/O RAVI MC AGED ABOUT 40 YEARS, MEMBERSHIP NO.2297 54. ARUNA K C S/O CHANDRE GOWDA AGED ABOUT 40 YEARS, MEMBERSHIP NO.2300 55. CHANDRU S/O ANNAPPA SHETTY AGED ABOUT 48 YEARS, MEMBERSHIP NO.2301 56. SUMITHRA 56. W/O SRINIVASA ACHARI AGED ABOUT 55 YEARS, MEMBERSHIP NO.2303 57. PRAKASH D S/O DOOJA KUMAR AGED ABOUT 26 YEARS, MEMBERSHIP NO.2307 - 8 - NC: 2025:KHC:3283 WP No. 422 of 2025 58. RAVIKEERTHI S/O SANJEEVA SHETTY AGED ABOUT 28 YEARS, MEMBERSHIP NO.2318 59. SUMATHI W/O SHESHAPPA POOJARY AGED ABOUT 60 YEARS, MEMBERSHIP NO.2358 60. RATHNA W/O NEELALAH POOJARY AGED ABOUT 55 YEARS, MEMBERSHIP NO.2367 61. RUKMINI W/O RAVI N AGED ABOUT 45 YEARS, MEMBERSHIP NO.2370 62. GOUTHAM V G S/O GOVARDHAN V C AGED ABOUT 32 YEARS, MEMBERSHIP NO.2381 63. GANESH ACHAR S/O JANARDHAN ACHAR AGED ABOUT 55 YEARS, MEMBERSHIP NO.2385 64. RAVI SHETTY S/O PIDDA SHETTY AGED ABOUT 42 YEARS, MEMBERSHIP NO.2391 65. CHANDRIKA W/O ARUNA AGED ABOUT 46 YEARS, MEMBERSHIP NO.2416 66. MANOJ H J - 9 - NC: 2025:KHC:3283 WP No. 422 of 2025 S/O JAGADEESH H M AGED ABOUT 34 YEARS, MEMBERSHIP NO.2420 67. VENKATESHA S/O LOKAPPA AGED ABOUT 50 YEARS, MEMBERSHIP NO.2440 68. RAMESH KP S/O PUTTAPPA GOWDA AGED ABOUT 65 YEARS, MEMBERSHIP NO.2441 69. SUBRAYA S/O LOKAPPA AGED ABOUT 48 YEARS, MEMBERSHIP NO.2457 70. VRUNDA W/O MURULI AGED ABOUT 32 YEARS, MEMBERSHIP NO.2468 71. AMITHA W/O RAGHUNATHA M N AGED ABOUT 53 YEARS, MEMBERSHIP NO.2472 72. USHA S D/O SEENA POOJARY AGED ABOUT 28 YEARS, MEMBERSHIP NO.2492 73. HARISH POOJARY S/O VASU POOJARY AGED ABOUT 40 YEARS, MEMBERSHIP NO.2629 74. NARAYANA GOWDA S/O BOBE GOWDA AGED ABOUT 48 YEARS, - 10 - NC: 2025:KHC:3283 WP No. 422 of 2025 MEMBERSHIP NO.2710 75. VITTALA N S/O NARAYANACHAR AGED ABOUT 50 YEARS, MEMBERSHIP NO.2711 76. SURESHA S/O NAGAPPA GOWDA AGED ABOUT 44 YEARS, MEMBERSHIP NO.2764 77. RAGHU SHETTY S/O SEENAPPA SHETTY AGED ABOUT 55 YEARS, MEMBERSHIP NO.2962 78. SUNDARA SHETTY S/O BABU SHETTY AGED ABOUT YEARS, MEMBERSHIP NO. 2971 79. PAVITHRA S W/O ADHARSHA AGED ABOUT 32 YEARS, MEMBERSHIP NO.3047 80. PRAVEEN POOJARY S/O BHASKAR POOJARY AGED ABOUT 35 YEARS, MEMBERSHIP NO.3050 81. SRINIVASA MT S/O THIMMAPPA GOWDA AGED ABOUT 50 YEARS, MEMBERSHIP NO.3063 82. PRAMOD M S/O MANJUNATHA AGED ABOUT 32 YEARS, MEMBERSHIP NO.3065 - 11 - NC: 2025:KHC:3283 WP No. 422 of 2025 83. SUMA H G W/O SRINIVASA MT AGED ABOUT 45 YEARS, MEMBERSHIP NO.3068 84. CHANDRIKA K C W/O CHANDRE GOWDA HM AGED ABOUT 55 YEARS, MEMBERSHIP NO.3071 85. RENUKA W/O CHANDRA AGED ABOUT 40 YEARS, MEMBERSHIP NO.3079 86. PRADEEP J M S/O MUTTAPPA AGED ABOUT 26 YEARS, MEMBERSHIP NO.3082 87. USHA NAGARAJ W/O NAGARAJA B P AGED ABOUT 50 YEARS, MEMBERSHIP NO.3089 88. SATHISH M S S/O SUBBALAH M D AGED ABOUT 38 YEARS, MEMBERSHIP NO.3095 89. RAJESH S S/O SANJEEVA POOJARY AGED ABOUT 29 YEARS, MEMBERSHIP NO.3099 90. SUNIL T G S/O GANAPATHI NS AGED ABOUT 28 YEARS, MEMBERSHIP NO.3106 91. MURULI S/O CHANDRA - 12 - NC: 2025:KHC:3283 WP No. 422 of 2025 AGED ABOUT 35 YEARS, MEMBERSHIP NO.3111 92. KUSUMAMMA JAYANATH DK W/O DARANAPPA GOWDA AGED ABOUT 45 YEARS, MEMBERSHIP NO.3115 93. RAMYA S H W/O VENKATESH H K AGED ABOUT 36 YEARS, MEMBERSHIP NO.3121 94. SUNDARA M C S/0 CHENNAPPA GOWDA AGED ABOUT 38 YEARS, MEMBERSHIP NO.3125 95. SUNDRESH NR S/O RAME GOWDA AGED ABOUT 40 YEARS, MEMBERSHIP NO.3136 96. SANDEEP D M S/O MANJUNATHA ACHAR AGED ABOUT 35 YEARS, MEMBERSHIP NO.3144 97. SUSHEELA S W/O SHESHA POOJARY AGED ABOUT 55 YEARS, MEMBERSHIP NO.3146 98. RAJENDRA JAIN S/O BRAHMALAH AGED ABOUT 45 YEARS, MEMBERSHIP NO.3151 99. GOPALA GOWDA S/O SANNAPPA GOWDA AGED ABOUT 60 YEARS, MEMBERSHIP NO.3153 - 13 - NC: 2025:KHC:3283 WP No. 422 of 2025 100. LATHA T K W/O HARISH HM AGED ABOUT 45 YEARS, MEMBERSHIP NO.3156 101. PAVITHRA JAIN W/O KUMARAIAH B P AGED ABOUT 35 YEARS, MEMBERSHIP NO.3167 102. MAHESHA KC S/O CHINNE GOWDA H N AGED ABOUT 38 YEARS, MEMBERSHIP NO.3168 103. JAGADISHA S/O CHENNAPPA GOWDA AGED ABOUT 38 YEARS, MEMBERSHIP NO.3180 104. RAGHU K K S/O KRISHNAPPA K P AGED ABOUT 36 YEARS, MEMBERSHIP NO.3201 105. SUMITHRA R W/O RAVI AGED ABOUT 38 YEARS, MEMBERSHIP NO.3206 106. PRATHIMA W/O GOPAL GOWDA AGED ABOUT 45 YEARS, MEMBERSHIP NO.3215 107. MANJULA W/O ADAPPA GOWDA A P AGED ABOUT 50 YEARS, MEMBERSHIP NO.3218 108. VENKATESH K N - 14 - NC: 2025:KHC:3283 WP No. 422 of 2025 S/O NAGAPPA GOWDA AGED ABOUT 35 YEARS, MEMBERSHIP NO.3226 109. GIRIJA W/O SANJEEVA POOJARY AGED ABOUT 52 YEARS, MEMBERSHIP NO.3232 110. AKKU W/O ANNU AGED ABOUT 65 YEARS, MEMBERSHIP NO.3270 111. SANTHOSH KUMAR H C S/O CHINNE GOWDA AGED ABOUT 35 YEARS, MEMBERSHIP NO.3308 112. MADHAVE GOWDA S/O GANAPATHI GOWDA AGED ABOUT 70 YEARS, MEMBERSHIP NO.114 113. UMA B D W/O NARAYANA GOWDA H G AGED ABOUT 60 YEARS, MEMBERSHIP NO.0965 114. SANDHYARANI K C W/O MADHAVA AGED ABOUT 58 YEARS, MEMBERSHIP NO.1164. 115. KRISHNA.C S/O CHANDRA AGED 44 YEARS MEMBERSHIP NO.3131. 116. ABHINANDAN H M S/O MADHAVE GOWDA H G AGED ABOUT 35 YEARS, - 15 - NC: 2025:KHC:3283 WP No. 422 of 2025 MEMBERSHIP NO. 1165 ALL PETITIONERS ARE THE MEMBERS OF: THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., IDAKANI, HIREBAIL POST, KALASA TALUK, CHIKKAMAGALURU DISTRICT-577121. …PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER, KM ROAD, NEAR JILLA PANCHYAT, CHIKMAGALUR – 577101 4. RETURNING OFFICER, PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., IDAKANI, HIREBALL POST, KALASA TALUK CHIKKAMAGALURU DISTRICT-577121. - 16 - NC: 2025:KHC:3283 WP No. 422 of 2025 5. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., IDAKANI, HIREBALL POST, KALASA TALUK, CHIKKAMAGALURU DISTRICT-577121. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4; SRI. T. L. KIRAN KUMAR, ADV. FOR R2; V/O DATED 22.01.2025, NOTICE TO R5 DISPENSED) THIS WRIT PETITION IS FILED PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 12.01.2025 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 17 - NC: 2025:KHC:3283 WP No. 422 of 2025 ORAL ORDER Petitioners are seeking to direct respondents 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.5-Society, which was scheduled to be held on 12.01.2025. 2. This Court, by way of interim arrangement on 10.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 12.01.2025 to the Board of Directors of respondent No.5-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: “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- - 18 - NC: 2025:KHC:3283 WP No. 422 of 2025 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.– (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 - 19 - NC: 2025:KHC:3283 WP No. 422 of 2025 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. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election - 20 - NC: 2025:KHC:3283 WP No. 422 of 2025 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; (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 - 21 - NC: 2025:KHC:3283 WP No. 422 of 2025 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 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 - 22 - NC: 2025:KHC:3283 WP No. 422 of 2025 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 (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 - 23 - NC: 2025:KHC:3283 WP No. 422 of 2025 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.” 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-Society and attended all the annual general body meetings, in spite of which respondent No.5- Society has dropped the petitioners from the eligible - 24 - NC: 2025:KHC:3283 WP No. 422 of 2025 voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5-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: “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? 1 ILR 2024 KAR 1901 - 25 - NC: 2025:KHC:3283 WP No. 422 of 2025 (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 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 - 26 - NC: 2025:KHC:3283 WP No. 422 of 2025 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: (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 - 27 - NC: 2025:KHC:3283 WP No. 422 of 2025 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 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 - 28 - NC: 2025:KHC:3283 WP No. 422 of 2025 (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. (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 - 29 - NC: 2025:KHC:3283 WP No. 422 of 2025 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 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 - 30 - NC: 2025:KHC:3283 WP No. 422 of 2025 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 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 - 31 - NC: 2025:KHC:3283 WP No. 422 of 2025 to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition 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 petition needs 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 12.01.2025 to the Board of Directors of respondent No.5-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity 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 - 32 - NC: 2025:KHC:3283 WP No. 422 of 2025 the eligible and ineligible voters list and impact of the election to the Board of respondent No.5- Society. iv. All 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 TMP List No.: 1 Sl No.: 40