- 1 - NC: 2025:KHC:1646 WP No. 570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 570 OF 2025 (CS-EL/M) BETWEEN: 1. ABDUL KHADAR S/O IBRAHIM BYARI, AGED ABOUT 49 YEARS, MEMBER NO.5198. 2. ISMAIL THAJUDDIN, S/O ISMAIL, AGED ABOUT 35 YEARS, MEMBER NO.7297. 3. MOHAMMED S/O KHOJU BYARI, AGED ABOUT 64 YEARS, MEMBER NO.6784. 4. ZOWRA S/O. UMMAR, AGED ABOUT 52 YEARS, MEMBER NO.6824. 5. ASIYAMMA W/O ABUBAKKAR, AGED ABOUT 63 YEARS, MEMBER NO.7104. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1646 WP No. 570 of 2025 6. IBRAHIM S/O MOHAMMED BYARI, AGED ABOUT 68 YEARS, MEMBER NO.7234. 7. MOHAMMED S/O. MONU BYARI, AGED ABOUT 53 YEARS, MEMBER NO.7264. 8. MOHAMMED S. S/O ABDULLAH, AGED ABOUT 54 YEARS, MEMBER NO:7301. 9. NEBISA W/O. IBRAHIM, AGED ABOUT 44 YEARS, MEMBER NO.767. 10. SARAMMA K. ABDUL, W/O SULEMAN. M, AGED ABOUT 60 YEARS, MEMBER NO.7677. 11. DULAIKA W/O. ISUBU, AGED ABOUT 55 YEARS, MEMBER NO.7713. 12. FELIX LUICE, S/O. PAUL LUICE, AGED ABOUT 58 YEARS, MEMBER NO.3328. - 3 - NC: 2025:KHC:1646 WP No. 570 of 2025 13. KIRAN LUICE S/O DOORJI LUICE, AGED ABOUT 56 YEARS, MEMBER NO.4296. 14. PAVLIN D'SOUZA W/O. VICTOR D'SOUZA, AGED ABOUT 65 YEARS, MEMBER NO.5509. 15. HENRY RONALD LASRADO S/O. MARSHAL LASRADO, AGED ABOUT 62 YEARS, MEMBER NO.5651. 16. PIYADA D'SOUZA W/O. BOSTYAM D'SOUZA, AGED ABOUT 58 YEARS, MEMBER NO.6802. 17. ELLIAZ LUICE S/O. BOSTYAM LUICE, AGED ABOUT 52 YEARS, MEMBER NO.6890. 18. JOHNY D'SOUZA S/O. MANVEL D'SOUZA, AGED ABOUT 68 YEARS, MEMBER NO.2947. 19. UMAR BYARI S/O. AHAMED BYARI, AGED ABOUT 62 YEATS, MEMBER NO.5225. - 4 - NC: 2025:KHC:1646 WP No. 570 of 2025 20. MOHAMMED M. S/O. ADRAMA BYARI, AGED ABOUT 57 YEARS, MEMBER NO.4872. 21. HASAINAR K. S/O. MYDU KUNNHI BYARI, AGED ABOUT 51 YEARS, MEMBER NO.4874. 22. YOUSUF K S/O ADRAMA BYARI, AGED ABOUT 49 YEARS, MEMBER NO.4907. 23. ABDUL KADAR S/O. ARABBI BYARI, AGED ABOUT 60 YEARS, MEMBER NO.5549. 24. UMAR BYARI, S/O. AHEMAD BYARI, AGED ABOUT 62 YEARS, MEMBER NO.5225. 25. ADRAMA S/O. ISMAIL AGED ABOUT 57 YEARS, MEMBER NO.5242. 26. ABDUL HAMEED I .K. S/O. IBRAHIM, AGED ABOUT 48 YEARS, MEMBER NO.5392. - 5 - NC: 2025:KHC:1646 WP No. 570 of 2025 27. ASRAF S/O. SULAIMAN, AGED ABOUT 37 YEARS, MEMBER NO.5430. 28. HAMEED S/O. MOHAMMED BYARI, AGED ABOUT 48 YEARS, MEMBER NO.5560. 29. MOIDIN KUNCHI, S/O FAKRABBA, AGED ABOUT 67 YEARS, MEMBER NO.5573. 30. SARAMMA W/O. ABOKAR BYARI, AGED ABOUT 70 YEARS, MEMBER NO.5667. 31. ABU BAKKAR S/O. ARABI BYARI, AGED ABOUT 67 YEARS, MEMBER NO.5780A. 32. USMAN S/O. IBRAYI BYARI, AGED ABOUT 48 YEARS, MEMBER NO.5999. 33. IBRAHIM K.S. S/O. V.K. SAHEB BYARI, AGED ABOUT 55 YEARS, MEMBER NO.6104. - 6 - NC: 2025:KHC:1646 WP No. 570 of 2025 34. HANIF S/O. MAMMUVI BYARI, AGED ABOUT 49 YEARS, MEMBER NO.6120. 35. HAKEEM, S/O. ADRAMA, AGED ABOUT 48 YEARS, MEMBER NO.6175. 36. FATHIMATH ZOORA, W/O. IBRAHIM, AGED ABOUT 38 YEARS, MEMBER NO.6543. 37. AVAMMA W/O. MOHAMMED KUNNI, AGED ABOUT 52 YEARS, MEMBER NO.6627. 38. HASAINAR, S/O. ABU BAKKAR, AGED ABOUT 60 YEARS, MEMBER NO.6656. 39. ABOOBAKKAR, S/O PUTHABBA BYARI, AGED ABOUT 66 YEARS, MEMBER NO.6751. 40. ABDULLAH S/O. PUTTABBA BYARI, AGED ABOUT 70 YEARS, MEMBER NO.6769. - 7 - NC: 2025:KHC:1646 WP No. 570 of 2025 41. ABDUL RAHIMAN S/O. ABU BYARI, AGED ABOUT 55 YEARS, MEMBER NO.3258. 42. HAMEED K. S/O. ABDUL KADAR, AGED ABOUT 51 YEARS, MEMBER NO.4925. 43. AAMDE BYARI S/O. MOOSE KUNJNI, AGED ABOUT 69 YEARS, MEMBER NO.1628. 44. ABUBKKAR S/O. MOHAMMED BYARI, AGED ABOUT 67 YEARS, MEMBER NO.422. 45. IBRAHI BYARI K., S/O. MOHAMMED BYARI, AGED ABOUT 77 YEARS, MEMBER NO.423. 46. IBRAHI BYARI S/O. PODIYA BYARI AGED ABOUT 78 YEARS, MEMBER NO.631. 47. ADRAMA BYARI, S/O. HASAKUNNI BYARI, AGED ABOUT 65 YEARS, MEMBER NO.783. - 8 - NC: 2025:KHC:1646 WP No. 570 of 2025 48. UMAR SHAFFI S/O. ABDUL KADARI, AGED ABOUT 68 YEARS, MEMBER NO.1338. 49. YUSUFJ S., S/O. ABDULLAH BYARI, AGED ABOUT 62 YEARS, MEMBER NO.3323. 50. ABBAS S/O. ABDULLAH BYARI, AGED ABOUT 65 YEARS, MEMBER NO.3487. 51. ABDUL RAHIMAN S/O. MAMMUI BYARI, AGED ABOUT 45 YEARS, MEMBER NO. 3950. 52. MOIDIN BYARI S/O. MOOSE KUNNI, AGED ABOUT 65 YEARS, MEMBER NO.4022. 53. IBRAHIM K. S/O. ABDUL KADRI MOOKRI, AGED ABOUT 45 YEARS, MEMBER NO.3940. 54. HASAINAR M. S/O. MOIDU KUNNI, AGED ABOUT 56 YEARS, MEMBER NO.4162. - 9 - NC: 2025:KHC:1646 WP No. 570 of 2025 55. ABDUL ARIF, S/O. IBRAHIM AGED ABOUT 45 YEARS, MEMBER NO.4199. 56. IBRAHIM S. S/O. FAQIR SAHIB AGED ABOUT 58 YEARS, MEMBER NO.4200 57. HASAINAR P. S/O. KADRI BYARI, AGED ABOUT 56 YEARS, MEMBER NO.4226. 58. ISMAIL K. S/O. ABU BAKKAR, AGED ABOUT 46 YEARS, MEMBER NO.4247. 59. ABUBAKAR K. S/O. ISMAIL BYARI, AGED ABOUT 52 YEARS, MEMBER NO.4294. 60. USMAN A.K. S/O. UMAR, AGED ABOUT 64 YEARS, MEMBER NO.4297. 61. IBRAHI K., S /O. AHAMED KUNNI, AGED ABOUT 60 YEARS, MEMBER NO. 4300. - 10 - NC: 2025:KHC:1646 WP No. 570 of 2025 62. ADRAMA S/O . HUSSAIN BYARI, AGED ABOUT 55 YEARS, MEMBER NO.4306. 63. DULSEENA VEGAS W/O. GEORGE VEGAS AGED ABOUT 65 YEARS, MEMBER NO. 7139. 64. JACOB D'SOUZA S/O. MOHANTU D'SOUZA AGED ABOUT 54 YEARS, MEMBER NO.6726. 65. SULAIMAN P., S/O. AHMED KUNNI, AGED ABOUT 66 YEARS, MEMBER NO.4156. 66. ABDUL RAZAAK HAJI, S/O. ADAM AGED ABOUT 58 YEARS, MEMBER NO.4144. 67. MAIMOONA W/O. UMAR BYARI, AGED ABOUT 55 YEARS, MEMBER NO. 4171. 68. PRECILLA RODRIGUS, S/O. VINCY RODRIGUS, AGED ABOUT 68 YEARS, MEMBER NO.3550. - 11 - NC: 2025:KHC:1646 WP No. 570 of 2025 69. APOLIN D'SOUZA, W/O. DAVID MENTHRO, AGED ABOUT 65 YEARS MEMBER NO. 3579. 70. SULAIMAN B. S/O. MAMMUYI BYARI, AGED ABOUT 52 YEARS, MEMBER NO.4242. 71. ABUBAKKAR SIDDIQUE S/O. MAIDU KUNNI HAJI. AGED ABOUT 41 YEARS, MEMBER NO.4321. 72. UMMAR P. W/O. AHMED KUNNI, AGED ABOUT 55 YEARS, MEMBER NO.4335. 73. MOHAMMED S/O. PALLI BYARI, AGED ABOUT 61 YEARS, MEMBER NO.4531. 74. ABUBAKKAR BYARI, S/O. HAMED BYARI AGED ABOUT 65 YEARS, MEMBER NO.4581. 75. MAMMADE BEARY, S/O. FAQIR BEARY, AGED ABOUT 78 YEARS, MEMBER NO.4591. - 12 - NC: 2025:KHC:1646 WP No. 570 of 2025 76. ISMAIL S/O. MOHAMMED BYARI, AGED ABOUT 61 YEARS, MEMBER NO.4706. 77. PAKRABBA BYARI, S/O. HASANE BYARI, AGED ABOUT 70 YEARS, MEMBER NO.4776. 78. SULIMAN S.P., S/O. ADRAMA BYARI, AGED ABOUT 55 YEARS, MEMBER NO.4778. 79. ABDUL KADRI K. S/O. ABBUBAKAR BYARI AGED ABOUT 49 YEARS, MEMBER NO.4808. 80. SHALINI NONDA W/O. RAJARAMA NONDA, AGED ABOUT 65 YEARS, MEMBER NO.4339. 81. DEVAPPA GOWDA P., W/O. VASAPPA GOWDA, AGED ABOUT 66 YEARS, MEMBER NO.5428. 82. ABDUL KADAR KODANGE, S/O. IBRAHI BYARI KODANGE, AGED ABOUT 58 YEARS, MEMBER NO.4830. - 13 - NC: 2025:KHC:1646 WP No. 570 of 2025 83. ABBAS K.V. S/O. ABDUL KADAR, AGED ABOUT 56 YEARS, MEMBER NO.4933. 84. RASHMI BALAKRISHNA RAI, W/O. BALAKRISHNA RAI, AGED ABOUT 53 YEARS, MEMBER NO.4985. 85. JOHARA C/O. SARFUDDIN, AGED ABOUT 59 YEARS, MEMBER NO.5601. 86. SAFARA W/O. ABDUL RAHIMAN, AGED ABOUT 40 YEARS, MEMBER NO.7860. 87. LINGAPPA PARAVA S/O.KARIYA PARAVA, AGED ABOUT 53 YEARS, MEMBER NO.7283. 88. FELIX VEGUS, S/O RUDARI VEGAS, AGED ABOUT 52 YEARS, MEMBER NO. 5439. 89. SYLVESTAR D'SOUZA, S/O RUDARI D'SOUZA, AGED ABOUT 54 YEARS, MEMBER NO. 4301. - 14 - NC: 2025:KHC:1646 WP No. 570 of 2025 90. VICTOR D'SOUZA, S/O SILA D'SOUZA, AGED ABOUT 53 YEARS, MEMBER NO. 4320. 91. MARIYAMMA, W/O ABUBAKAR, AGED ABOUT 47 YEARS, MEMBER NO. 4962. 92. USMAN, S/O MONU BYARI, AGED ABOUT 52 YEARS, MEMBER NO. 5021. 93. KARIM, S/O HASSAN KUNNI, AGED ABOUT 50 YEARS, MEMBER NO. 5032. 94. ABDUL HAMEED S/O. KUNNI BYARI, AGED ABOUT 48 YEARS, MEMBER NO.5777. 95. HASIANAR W/O. MOIDU KUNNI, AGED ABOUT 49 YEARS, MEMBER NO.5815. 96. ABBAS S/O. FAKIRA BYARI, AGED ABOUT 56 YEARS, MEMBER NO.5829. - 15 - NC: 2025:KHC:1646 WP No. 570 of 2025 97. IBRAHIM T., S/O. PUTHABBA T., AGED ABOUT 68 YEARS, MEMBER NO.5842. 98. SULAIMAN HAJI N. S/O. IDDI KUNNI BYARI AGED ABOUT 67 YEARS, MEMBER NO.5857. 99. NASEEMA W/O. ABDULLA AGED ABOUT 45 YEARS, MEMBER NO.5867. 100. ISMAIL K. W/O. ABBU BYARI, AGED ABOUT 64 YEARS, MEMBER NO.5899. 101. SEFIYA W/O. ABDUL KHADRI, AGED ABOUT 60 YEARS, MEMBER NO.5949. 102. ABDUL RAHIMAN S/O. PAKIRE BYARI AGED ABOUT 51 YEARS, MEMBER NO.5971. 103. RAZZAK K. S/O. PALLI KUNNI BYARI AGED ABOUT 48 YEARS, MEMBER NO.6040. - 16 - NC: 2025:KHC:1646 WP No. 570 of 2025 104. KUNJNI BAVA HAJI S/O. MOIDDIN KUNNI HAJI, AGED ABOUT 70 YEARS, MEMBER NO.6087. 105. MOIDIN KUNJNI P S., S/O. KUNNI BAVA KUNNI HAJI, AGED ABOUT 50 YEARS, MEMBER NO.6088. 106. ASIYAMMA W/O. ABUBBAKAR, AGED ABOUT 65 YEARS, MEMBER NO.6091. 107. SELMA W/O. ISMAIL BYARI, AGED ABOUT 62 YEARS, MEMBER NO.6115. 108. KUSUMA V. SHETTY W/O.VITTALA SHETTY, AGED ABOUT 69 YEARS, MEMBER NO.5928. 109. SHARADHA W/O. RADHA KRISHNA GOWDA, AGED ABOUT 54 YEARS, MEMBER N0.6136. 110. ABDUL RAHIMAN S/O. SANNA SHEKAB, AGED ABOUT 50 YEARS, MEMBER N0. 4973. - 17 - NC: 2025:KHC:1646 WP No. 570 of 2025 111. NATHALIYA D'SOUZA W/O. LADRU VEGAS, AGED ABOUT 60 YEARS, MEMBER N0.6166. 112. AJITH KUMAR, S/O. BALAKRISHNA SHETTY, AGED ABOUT 54 YEARS, MEMBER N0.5332. 113. AALISH D'SOUZA W/O. ALBERT D'SOUZA, AGED ABOUT 58 YEARS, MEMBER N0.5312. 114. WALLI D'SOUZA, W/O. DORJE D'SOUZA, AGED ABOUT 46 YEARS, MEMBER NO.5356. 115. NEBISA W/O. ISUBU, AGED ABOUT 60 YEARS, MEMBER NO.7236. 116. PATHUJI W/O. SEKUJI, AGED ABOUT 58 YEARS, MEMBER NO.7328. 117. UMMAR S/O. IBRAHIM BYARI, AGED ABOUT 65 YEARS, MEMBER NO.7579. - 18 - NC: 2025:KHC:1646 WP No. 570 of 2025 118. SAAJIDA W/O. ABDUL LATHIF, AGED ABOUT 43 YEARS, MEMBER NO.7600. 119. NEBISA W/O. ABDUL KADER, AGED ABOUT 67 YEARS, MEMBER NO.7664. 120. RAHAMATH BANU W/O. IBRAHIM, AGED ABOUT 60 YEARS, MEMBER NO.7682. 121. SHARIF S/O. ABUBAKAR, AGED ABOUT 48 YEARS, MEMBER NO. 7689. 122. MAHAMMAD RIYAZ W/O. SULAIMAN, AGED ABOUT 32 YEARS, MEMBER NO. 7702. 123. UMMAR S/O. HASANNABBA BYARI AGED ATOUT 51 YEARS, MEMBER NO. 7715. 124. MAHAMMED P. S/O. ABDUL KADER, AGED ABOUT 54 YEARS, MEMBER NO.7724. - 19 - NC: 2025:KHC:1646 WP No. 570 of 2025 125. MAHAMMED HANIF S/O. ISMAIL, AGED ABOUT 46 YEARS, MEMBER NO.7729. 126. MOHAMMED S/O. ISUBU AGED ABOUT 53 YEARS, MEMBER NO.7747. 127. UMMAR KUNCHI S/O. IBRAHIM KUNCHI AGED ABOUT 62 YEARS, MEMBER NO.7754. 128. IBRAI BEARY S/O. ABBU BEARY, AGED ABOUT 65 YEARS, MEMBER NO. 7840. 129. MOHAMMED IQBAL S/O. HAJI N. SULEIMAN, AGED ABOUT 27 YEARS, MEMBER NO. 7846. 130. ABDUL RAHIMAN S/O.ISMAIL BEARY, AGED ABOUT 54 YEARS, MEMBER NO. 7853. 131. SULAIMAN K. S/O. MAMMAD BEARY AGED ABOUT 51 YEARS, MEMBER NO. 7868. - 20 - NC: 2025:KHC:1646 WP No. 570 of 2025 132. GAYATHRI W/O. PRASHANTH, AGED ABOUT 39 YEARS, MEMBER NO. 7142. 133. PRAMOD BHANDARI S/O. RAJU BHANDARI, AGED ABOUT 35 YEARS, MEMBER NO. 7243. 134. AMARANATH SHETTY S/O. VENKAPPA SHETTY, AGED ABOUT 50 YEARS, MEMBER NO. 4367. 135. ABDUL RAZAK S/O. KHASIM BEARY, AGED ABOUT 51 YEARS, MEMBER NO. 5327. 136. MARY TELLIS W/O. CHARLIE D'SOUZA, AGED ABOUT 62 YEARS, MEMEBR NO. 7839. 137. PADMANABHA SHETTY S/O. ANNAPPA SHETTY, AGED ABOUT 54 YEARS, MEMBER NO. 6584. 138. VISHWANATH POOJARY, S/O. PANDI POOJARY, AGED ABOUT 62 YEARS, MEMBER NO. 6706. - 21 - NC: 2025:KHC:1646 WP No. 570 of 2025 139. UMMAR FAROOQ S/O.MAMMUNJNI BEARY, AGED ABOUT 49 YEARS, MEMBER NO. 6696. 140. ABDUL RAZZAQ S/O. MOIDU KUNJNI, AGED ABOUT 45 YEARS, MEMBER NO. 6739. 141. ASHRAF B. S/O. ABDUL KHADER, AGED ABOUT 40 YEARS, MEMBER NO. 6716. 142. HAMEED D.A. S/O. ABBOBAKKAR, AGED ABOUT 52 YEARS, MEMBER NO. 6757. 143. KHATHIJAMMA W/O. HAMEED, AGED ABOUT 45 YEARS, MEMBER NO. 6771. 144. ABDULLA S/O. MAMMUNJNI, AGED ABOUT 54 YEARS, MEMBER NO. 6773. 145. AISAMMA, W/O. IBAHI, AGED ABOUT 52 YEARS, MEMBER NO. 6798. - 22 - NC: 2025:KHC:1646 WP No. 570 of 2025 146. HASSAINAR, S/O. AHAMAD BEARY, AGED ABOUT 42 YEARS, MEMBER NO. 6827. 147. ABOOBAKKAR S/O. AHAMAD, AGED ABOUT 46 YEARS, MEMBER NO. 6847. 148. ABDUL KUNJNI S/O. ISMALI BEARY, AGED ABOUT 65 YEARS, MEMBER NO. 6884. 149. ABDUL HAMEED S/O. SULEIMAN, AGED ABOUT 44 YEARS, MEMBER NO. 6934. 150. MOHAMMED SHAFI, S/O. ABOOBAKKAR, AGED ABOUT 40 YEARS, MEMBER NO. 6937. 151. ABOOBAKKAR S/O. HASAN BEARY, AGED ABOUT 62 YEARS, MEMBER NO. 7118. 152. MUMTHAZ W/O. MAHAMMAD, AGED ABOUT 62 YEARS, MEMBER NO. 7154. - 23 - NC: 2025:KHC:1646 WP No. 570 of 2025 153. FATHIMA W/O. ADRAMA C H, AGED ABOUT 48 YEARS, MEMBER NO. 7157. 154. MAHAMMED RAFEEQ S/O. AMMABBA, AGED ABOUT 56 YEARS, MEMBER NO. 7159. 155. MAHAMMAD T S/O. ABBAS BEARY, AGED ABOUT 61 YEARS, MEMBER NO. 7197. 156. LEELAVATHI W/O. NARAYANA SAPALYA, AGED ABOUT 54 YEARS, MEMBER NO. 6738. 157. VIJAYA P. S/O. MUDARA BAIRA, AGED ABOUT 52 YEARS, MEMBER NO. 6785. 158. VANI S RAI, W/O. SHIVAPRASAD RAI, AGED ABOUT 52 YEARS, MEMBER NO. 7147. 159. RICHARD MONTHEIRO, S/O. MARCEL MONTHEIRO, AGED ABOUT 65 YEARS, MEMBER NO. 7837. - 24 - NC: 2025:KHC:1646 WP No. 570 of 2025 160. ABDUL KHADER S/O PUTTABBA YARI, AGED ABOUT 68 YEARS, MEMBER NO. 6549. 161. LEELAVATHI W/O. MAHABALA SHETTY, AGED ABOUT 72 YEARS, MEMBER NO. 3169. 162. BEEPATHU K., W/O. ABDULLAH, AGED ABOUT 65 YEARS, MEMBER NO. 2713. 163. SUNDARI, W/O. AITHAPPA SHETTY, AGED ABOUT 69 YEARS, MEMBER NO. 3833. 164. JACOB D'SOUZA S/O. DIOG D'SOUZA, AGED ABOUT 62 YEARS, MEMBER NO. 1350. 165. ROBERT D'SOUZA S/O. VICTOR D'SOUZA, AGED ABOUT 59 YEARS, MEMBER NO. 3475. 166. HAMID K. S/O. BAPAKUJNI, AGED ABOUT 62 YEARS, MEMBER NO.2960. - 25 - NC: 2025:KHC:1646 WP No. 570 of 2025 167. ISUBU S/O. IBRAHI, AGED ABOUT 72 YEARS, MEMBER NO. 3989. 168. ABBAS BEARY S/O MOIDIN BYARY, AGED ABOUT 60 YEARS, MEMBER NO. 3398. 169. RAJU BHANDARI S/0 SESAPPA BHANDARI, AGED ABOUT 68 YEARS, MEMBER NO. 3872. 170. ISUBU S/O AHMED KUNJNI, AGED ABOUT 58 YEARS, MEMBER NO. 3558. 171. MOIDEEN KUNJNI S/O ABU BAKKAR, AGED ABOUT 61 VEARS, MEMBER NO. 3560. 172. MOHAMMED K. S/O. BAPAKUNJNI BYARI, AGED ABOUT 58 YEARS, MEMBER NO. 3868. 173. ABOOBAKKAR K M., S/O. MOHAMMED BYARI, AGED ABOUT 52 YEARS, MEMBER NO. 3906. - 26 - NC: 2025:KHC:1646 WP No. 570 of 2025 174. MOHAMMED B P., S/O. PUTTU B.K., AGED ABOUT 62 YEARS, MEMBER NO. 3932. 175. MOIDU KUNJNI, S/O. IDDU KUNJNI, AGED ABOUT 52 YEARS, MEMBER NO. 4014. 176. IBRAI BEARY S/O. SUFI BYARI, AGED ABOUT 69 YEARS, MEMBER NO. 4017. 177. ABDUL KHADER DARIMI S/O. FAQIRABBA, AGED ABOUT 58 YEARS, MEMBER NO. 4019. 178. KATHIJAMMA W/O. BAPAKUNGNI BYARI, AGED ABOUT 69 YEARS, MEMBER NO. 4126. 179. ABOOBAKKAR FAIZY, S/O. UMAR BYARI, AGED ABOUT 56 YEARS, MEMBER NO. 4143. 180. NEMIRAJ SHETTY K., S/O. SHAMBU SHETTY M., AGED ABOUT 56 YEARS, MEMBER NO. 4134. - 27 - NC: 2025:KHC:1646 WP No. 570 of 2025 181. JALADARA SHETTY K.P., S/O. MAINDAPPA SHETTY K.P., AGED ABOUT 48 YEARS, MEMBER NO. 4142. 182. THAHIRA W/O. K.ABDUL REHIMAN, AGED ABOUT 45 YEARS, MEMBER NO. 7626. 183. MOHINI SHETTY W/O. RAMAIAH SHETTY, AGED ABOUT 65 YEARS, MEMBER NO. 7319. 184. VASANTH SHETTY S/O. KITANNA SHETTY, AGED ABOUT 49 YEARS, MEMBER NO. 6625. 185. PRAKASH SHETTY S/O. MAHABALA SHETTY, AGED ABOUT 50 YEARS, MEMBER NO. 5961. 186. KARUNAKARA SHETTY S/O. MANJAPPA SHETTY, AGED ABOUT 53 YEARS, MEMBER NO. 6150. 187. MOHAMMED S/O. ABUBAKKAR, AGED ABOUT 42 YEARS, MEMBER NO. 5035. - 28 - NC: 2025:KHC:1646 WP No. 570 of 2025 188. USMAN B. S/O. PUTTABBA BYARI, AGED ABOUT 58 YEARS, MEMBER NO. 5055. 189. UMMAR K.H., S/O. HAJI BYARI, AGED ABOUT 52 YEARS, MEMBER NO. 5350. 190. BADRUDDIN K., S/O. ABDULLAH S., MEMBER NO.5467. 191. ISMAIL N., S/O. ABBONJNI BYARI, AGED ABOUT 52 YEARS, MEMBER NO. 5613. 192. NEBISA W/O. IBRAHI, AGED ABOUT 44 YEARS, MEMBER NO. 577. 193. ISMAIL S/O. ALIKUNJI, AGED ABOUT 55 YEARS, MEMBER NO. 6154. 194. MARIYAMMA W/O. ABDUL KADAR, AGED ABOUT 53 YEARS, MEMBER NO. 6172. 195. SEFIYA W/O. SHEIKH ABDUL KADAR, - 29 - NC: 2025:KHC:1646 WP No. 570 of 2025 AGED ABOUT 41 YEARS, MEMBER NO. 6174. 196. ABDUL MUTHALIK P.K. S/O. ABDUL HAMID, AGED ABOUT 56 YEARS, MEMBER NO. 6182. 197. NEBISA W/O. IBRAHI, AGED ABOUT 63 YEARS, MEMBER NO. 6185. 198. ISMAIL BEARY S/O. HASSAN BYARI, AGED ABOUT 52 YEARS, MEMBER NO. 6186. 199. NEBISA W/O. ADRAMA BYARI, AGED ABOUT 54 YEARS, MEMBER NO. 6199. 200. ISMAIL K. S/O. HAMMED BYARI, AGED ABOUT 48 YEARS, MEMBER NO. 6562. 201. UMMAR BEARY S/O. MOIDU KUNJNI, AGED ABOUT 60 YEARS, MEMBER NO. 6583. 202. ASMA W/O. ISMAIL, AGED ABOUT 38 YEARS, - 30 - NC: 2025:KHC:1646 WP No. 570 of 2025 MEMBER NO. 6628. 203. SELMA W/O. SULAIMAN, AGED ABOUT 61 YEARS, MEMBER NO. 6673. 204. LADIN D'SOUZA S/O. LAWRANCE D' SOUZA, AGED ABOUT 56 YEARS, MEMBER NO. 4407. 205. MELWYN RODRIGUES, S/O. JOHN RODRIGUES, AGED ABOUT 49 YEARS, MEMBER NO. 4795. 206. SOMANATHA K.N., S/O. KORAGAPPA MOOLYA, AGED ABOUT 59 YEARS, MEMBER NO. 3627. 207. VEERAPPA NAIKA S/O BALU NAIKA, AGED ABOUT 52 YEARS, MEMBER NO. 3713. 208. FELIX D'SOUZA, S/O. BALTHU D'SOUZA, AGED ABOUT 45 YEARS, MEMBER NO. 7707. 209. IBRAYI BEARY S/O. AHAMED BYARI, AGED ABOUT 60 YEARS, MEMBER NO. 506. - 31 - NC: 2025:KHC:1646 WP No. 570 of 2025 210. IBRAYI BEARY, S/O. KUNJNI AHMED BYARI, AGED ABOUT 68 YEARS, MEMBER NO. 724. 211. KUMUDA B. RAI W/O. BALAKRISHNA RAI, AGED ABOUT 65 YEARS, MEMBER NO. 710. 212. JEROM LEWIS S/O. JACOB LEWIS, AGED ABOUT 65 YEARS, MEMBER NO. 424. 213. ISMAIL K. S/O. IBRAHI BYARI, AGED ABOUT 64 YEARS, MEMBER NO. 729. 214. HAMEED S/O. SAYAD BYARI, AGED ABOUT 66 YEARS, MEMBER NO. 799. 215. MAMMAD BEARY N. S., S/O. SAYED BYARI, AGED ABOUT 70 YEARS, MEMBER NO. 991. 216. POOVAPPA GOWDA S/O. GANGAIAH GOWDA, AGED ABOUT 87 YEARS, MEMBER NO. 1574. - 32 - NC: 2025:KHC:1646 WP No. 570 of 2025 217. IBRAHI BEARI S/O. AHMED BYARI, AGED ABOUT 56 YEARS, MEMBER NO. 1131. 218. KUNJNI BEARY S/O. ABU BYARI, AGED ABOUT 76 YEARS, MEMBER NO. 1345. 219. PAKRABBA BEARY, S/O. KASIM BYARI, AGED ABOUT 75 YEARS, MEMBER NO. 1405. 220. ADRAMA BEARY, S/O. ISMALI BYARI, AGED ABOUT 68 YEARS, MEMBER NO. 1421. 221. MOHAMMAD BEARY, S/O. HASSAN BYARI, AGED ABOUT 72 YEARS, MEMBER NO. 1423. 222. SISIL D'SOUZA W/O. BOSTHYAM LEWIS, AGED ABOUT 75 YEARS, MEMBER NO. 594. 223. ABBAS B. S/O. ISMALI HAJAR, AGED ABOUT 68 YEARS, MEMBER NO. 1689. - 33 - NC: 2025:KHC:1646 WP No. 570 of 2025 224. ABDUL RAHIMAN S/O. ISMALI HAJAR, AGED ABOUT 70 YEARS, MEMBER NO. 1690. 225. IBRAHIM BEARY S/O. MOHAMMED BYARI, AGED ABOUT 65 YEARS, MEMBER NO. 1694. 226. ABOOBAKKAR S/O. RAJIB SAHEB, AGED ABOUT 58 YEARS, MEMBER NO. 2241. 227. HASSAINAR MUSLIYAR S/O. MOIDU KUNJNI MUSLIYAR, AGED ABOUT 56 YEARS, MEMBER NO. 2441. 228. GOVIND BHAT S/O.GANAPATHI BHAT, AGED ABOUT 67 YEARS, MEMBER NO. 2289. 229. YAMUNA W/O.KORAGAPPA MOOLYA, AGED ABOUT 60 YEARS, MEMBER NO. 3604. 230. YAMUNA W/O. THUKRA POOJARI, AGED ABOUT 60 YEARS, MEMBER NO. 7292. - 34 - NC: 2025:KHC:1646 WP No. 570 of 2025 231. LAZARUS D'SOUZA S/O. SALAPPA, AGED ABOUT 59 YEARS, MEMBER NO. 7649. 232. JUVAM D'SOUZA S/O BALTHU D'SOUZA, AGED ABOUT 70 YEARS, MEMBER NO. 5457. 233. GABRU D'SOUZA S/O. MONTU D'SOUZA, AGED ABOUT 65 YEARS, MEMBER NO. 5735. 234. LILI D'SOUZA W/O. WILLIAM LEUIS, AGED ABOUT 58 YEARS, MEMBER NO. 5866. 235. VICTORIA D'SOUZA W/O. GRAGORI D'SOUZA, AGED ABOUT 5 YEARS, MEMBER NO. 6231. 236. ROSHAN SUNIL PAIS S/O. THOMAS PAIS, AGED ABOUT 42 YEARS, MEMBER NO. 7090. 237. LAVINA D'SOUZA W/O VINCENT D'SOUZA, AGED ABOUT 48 YEARS, MEMBER NO. 7183. - 35 - NC: 2025:KHC:1646 WP No. 570 of 2025 238. MARY D'SOUZA W/O. ELIAS D'SOUZA, AGED ABOUT 52 YEARS, MEMBER NO. 7585. 239. OSCAR VINAY PAIS S/O. ANTHONY PAIS, AGED ABOUT 41 YEARS, MEMBER NO. 7610. 240. ROZARI D'SOUZA S/O. DUJA D'SOUZA, AGED ABOUT 46 YEARS, MEMBER NO. 7612. 241. SANTHANA PAIS S/O. THOMAS PAIS, AGED ABOUT 65 YEARS, MEMBER NO. 7740. 242. ZIYAD S/O MAHAMMAD MUSLIYAR AGED ABOUT 46 YEARS, MEMBER NO. 6966. 243. ISMAIL BEARY, S/O HASANE BEARY, AGED ABOUT 64 YEARS, MEMBER NO. 7581. 244. ALVIN PRASHANTH MONTERO S/O DAVID MENTHERO, AGED ABOUT 37 YEARS, MEMBER NO. 7596. - 36 - NC: 2025:KHC:1646 WP No. 570 of 2025 245. ABUBAKKAR AGED ABOUT 65 YEARS, S/O. IBRAHI, MEMBER NO. 7420. 246. ABBAS AGED ABOUT 48 YEARS, S/O. HASAN BEARY, MEMBER NO. 7424. 247. ABBAS AGED ABOUT 52 YEARS, S/O. SABU BEARY, MEMBER NO. 7436. 248. JAINABI, AGED ABOUT 60 YEARS, S/O MOHAMMAD, MEMBER NO. 7506. 249. NEBISA, AGED ABOUT 54 YEARS, W/O PUTHABBA BEARY, MEMBER NO. 7507. 250. NEBISA W/O ABDULLA C H., MEMBER NO. 7510. 251. MURSHIDA, AGED ABOUT 34 YEARS, S/O ABDUL RAHIM, MEMBER NO. 7511. 252. ASIMMA AGED ABOUT 48 YEARS, - 37 - NC: 2025:KHC:1646 WP No. 570 of 2025 W/O IBRAHIM, MEMBER NO. 7512. 253. SARAMMA, AGED ABOUT 54 YEARS, W/O ABDUL RAHIMAN, MEMBER NO. 7517. 254. JAMEELA, AGED ABOUT 40 YEARS, W/O ABDULLA, MEMBER NO. 7519. 255. MAIMOONA AGED ABOUT 41 YEARS, W/O MOHAMMAD IBRAHIM, MEMBER NO. 7528. 256. MARIYAMMA, AGED ABOUT 58 YEARS, W/O. MOIDU KUNNI, MEMBER NO. 7529. 257. BEEPATHUMMA, AGED ABOUT 62 YEARS, W/O. ADRAMA, MEMBER NO. 7536. 258. SARAMMA, AGED ABOUT 56 YEARS, W/O. HASAN KUNNI, MEMBER NO. 7542. 259. VINAYA VEGUS, AGED ABOUT 44 YEARS, W/O. JOSEPH KUTTINA, - 38 - NC: 2025:KHC:1646 WP No. 570 of 2025 MEMBER NO. 7543. 260. NEBISA AGED ABOUT 52 YEARS, W/O. IBRAHIM, MEMBER NO. 7544. 261. FELIX, AGED ABOUT 55 YEARS, S/O. ELIYAS, MEMBER NO. 7591. 262. BEEPATHUMMA, AGED ABOUT 60 YEARS, W/O. ABDUL KHADRI, MEMBER NO. 7687. 263. ISAMMA, AGED ABOUT 62 YEARS, W/O. IBRAHIM, MEMBER NO. 7716. 264. MAIMOONA, AGED ABOUT 40 YEARS, W/O. MAHAMMAD MUSLIYAR, MEMBER NO. 7599. 265. ISMAIL MUSLIYAR P., AGED ABOUT 62 YEARS, S/O. PALLIKUNNI BEARY, MEMBER NO.5407. 266. ABDUL KHADRI, AGED ABOUT 58 YEARS, S/O. ABBU BEARY, MEMBER NO.6666. - 39 - NC: 2025:KHC:1646 WP No. 570 of 2025 267. ABOOBAKKAR, AGED ABOUT 55 YEARS, S/O. HASAN KUNNI, MEMBER NO. 6781. 268. KALANDAR. K. V., AGED ABOUT 45 YEARS, S/O. ISUBU V. A, MEMBER NO. 6871. 269. ABDUL GAFOOR, AGED ABOUT 42 YEARS, S/O. ABUBAKKAR, MEMBER NO. 6942. 270. SHAIDA, AGED ABOUT 30 YEARS, S/O. ABUBAKKAR, MEMBER NO. 6945. 271. MARINA SHANTHI, AGED ABOUT 43 YEARS, S/O. HENRY LASRADO, MEMBER NO. 6946. 272. MAIMOONA, AGED MAJOR, W/O. SULAIMAN, MEMBER N0. 6947. 273. THAIRA, AGED ABOUT 40 YEARS, D/O. YAKOOB, MEMBER NO. 6948. - 40 - NC: 2025:KHC:1646 WP No. 570 of 2025 274. ASMA, AGED MAJOR, W/O.IBRAHIM , MEMBER NO. 6955. 275. MUNEER, AGED MAJOR, S/O. KHADAR, MEMBER NO. 6957. 276. PHILOMINA, AGED MAJOR, S/O. VICTOR D' SOUZA, MEMBER NO.6963. 277. JAMEELA, AGED MAJOR, W/O. MOHAMMED RAFIQ, MEMBER NO.6967. 278. RAHAMATH, AGED MAJOR, S/O. MOHAMMED, MEMBER NO. 6972. 279. SULAIMAN, AGED ABOUT 60 YEARS, S/O. MOHAMMED, MEMBER NO. 6974. 280. IBRAHIM, AGED ABOUT 50 YEARS, S/O. ISMAIL, MEMBER NO. 6976. - 41 - NC: 2025:KHC:1646 WP No. 570 of 2025 281. NOOTHAN LAVINA D'SOUZA, AGED ABOUT 38 YEARS, S/O. LEO LASRADO, MEMBER NO. 6977. 282. SUHAIBATHIL ASLAMIYA, AGED ABOUT 32 YEARS, S/O. ABU BAKKAR, MEMBER NO. 6980. 283. ZEENATH, AGED ABOUT 36 YEARS, W/O. ISMAIL, MEMBER NO.7108. 284. IBRAHIM AGED ABOUT 62 YEARS, S/O. IDDI KUNJI, MEMBER NO.7108. 285. MOHAMMAD, AGED ABOUT 48 YEARS, S/O. HASSAN KUNJI, MEMBER NO. 7129. 286. IBRAHIM, AGED ABOUT 54 YEARS, S/O. IDDIN KUNJI, MEMBER NO. 7187. 287. ABDUL HAMEED, AGED ABOUT 52 YEARS, S/O. ABU BAKKAR, MEMBER NO. 7274. - 42 - NC: 2025:KHC:1646 WP No. 570 of 2025 288. ALI KUNJI, AGED ABOUT 65 YEARS, S/O. HASSAN BEARY, MEMBER NO.7418. 289. SRI. SUHAIB S. M., AGED ABOUT 57 YEARS, S/O. MOHAMMEDE BEARY, MEMBER NO.2774. 290. SRI. UMMAR SHAFI, AGED ABOUT 58 YEARS, S/O. YUSUF SHAFI, MEMBER NO.3314. 291. SRI SULAIMAN K.A. AGED ABOUT 43 YEARS, S/O. ABDUL KHADAR, MEMBER NO.3915. 292. ADRAMA BEARY, AGED ABOUT 70 YEARS, S/O. ABU BEARY, MEMBER NO.253. 293. AHMED KUNCHI, AGED ABOUT 64 YEARS, S/O. KHADRI BEARY, MEMBER NO.374. 294. JAINAB, AGED ABOUT 48 YEARS, W/O. HASAINAR MUSLIYAR, MEMBER NO.2728. - 43 - NC: 2025:KHC:1646 WP No. 570 of 2025 295. IBRAHIM. K. S., AGED ABOUT 55 YEARS, S/O. SEKABBA, MEMBER NO. 2951. 296. SRI. YUSUF, AGED ABOUT 48 YEARS, S/O PUTTABBA BEARY, MEMBER NO.3151. 297. SRI. HAMEED T., AGED ABOUT 52 YEARS, S/O. ABBAS BEARY, MEMBER NO.3597. 298. SMT. KATHIJAMMA, AGED ABOUT 67 YEARS, W/O. MAHAMMAD K.M., MEMBER NO.3763. 299. SMT. AVVAMMA, AGED ABOUT 65 YEARS, W/O.UMAR SHAFI, MEMBER NO. 3780. 300. SMT. MARIYAMMA. AGED ABOUT 62 YEARS, W/O.ABDUL KHADAR, MEMBER NO.3790. 301. SRI. MAMMADE BEARY AGED ABOUT 59 YEARS, S/O. PUTTU BEARY, MEMBER NO.4567. - 44 - NC: 2025:KHC:1646 WP No. 570 of 2025 302. SRI. ISUBU K., AGED ABOUT 62 YEARS, S/O. AHAMED KUNJI BEARY, MEMBER NO.4634. 303. SRI. ISUBU BEARY, AGED ABOUT 64 YEARS, S/O. AHAMED BEARY, MEMBER NO.4699. 304. SRI. HANIF AGED ABOUT 46 YEARS, S/O. IBRAHIM BEARY, MEMBER NO.4879. 305. SRI. ABDUL BASHEER K.V., AGED ABOUT 51 YEARS, W/O. ABDUL KHADAR, MEMBER NO.4932. 306. SRI. IBRAHIM KHALIL, AGED ABOUT 44 YEARS, S/O. ABBAS, MEMBER NO.4955. 307. SRI. IBRAHI AGED ABOUT 58 YEARS, S/O.ABDUL RAHIMAN, MEMBER NO.4965. 308. SRI. ISUBU, AGED ABOUT 60 YEARS, S/O. BUDUWA BEARY, MEMBER NO.4994. - 45 - NC: 2025:KHC:1646 WP No. 570 of 2025 309. SRI. YUSUF K., AGED ABOUT 54 YEARS, S/O. ADRAMA BEARY, MEMBER NO.5009. 310. SRI. ABDULLA K., AGED ABOUT 63 YEARS, S/O. FAKRUIN BEARY, MEMBER NO.5034. 311. SRI. ABUBAKKAR K., AGED ABOUT 55 YEARS, S/O. ABDUL RAHIMAN, MEMBER NO.5050. 312. SRI. ABDUL RAHIMAN, AGED ABOUT 54 YEARS, S/O, SHAIKABBA BEARY, MEMBER NO.5052. …PETITIONERS (BY SRI. RAKSHITH KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, BANGLAORE -560 001, REPRESENTED BY ITS PRICNCIPAL SECRETARY. 2. THE STATE CO-OPRERATIVE ELECTION AUTHORITY, 3RD FLOOR , TTMC ' A' BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE -560 027, REPRESENTED BY ITS SECRETARY. - 46 - NC: 2025:KHC:1646 WP No. 570 of 2025 3. VITLA-PADNOOR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, KODANGAYI POST, BANTWALA TALUK, D.K. DISTRICT - 574 243, REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, VITLA-PADNOOR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KODANGAYI POST, BANTWALA TALUK, D.K. DISTRICT -574 243. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; V/O/D 16.01.2025 NOTICE TO R3 IS D/W) THIS W.P. 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 12.01.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 47 - NC: 2025:KHC:1646 WP No. 570 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.3-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.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: - 48 - NC: 2025:KHC:1646 WP No. 570 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.– - 49 - NC: 2025:KHC:1646 WP No. 570 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. - 50 - NC: 2025:KHC:1646 WP No. 570 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; - 51 - NC: 2025:KHC:1646 WP No. 570 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 - 52 - NC: 2025:KHC:1646 WP No. 570 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 - 53 - NC: 2025:KHC:1646 WP No. 570 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.” - 54 - NC: 2025:KHC:1646 WP No. 570 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 whenever they have received notice from respondent No.3-Society, in spite of which respondent No.3-Society has 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 1 ILR 2024 KAR 1901 - 55 - NC: 2025:KHC:1646 WP No. 570 of 2025 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? (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: - 56 - NC: 2025:KHC:1646 WP No. 570 of 2025 (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 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: - 57 - NC: 2025:KHC:1646 WP No. 570 of 2025 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 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: - 58 - NC: 2025:KHC:1646 WP No. 570 of 2025 “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 (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. - 59 - NC: 2025:KHC:1646 WP No. 570 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 - 60 - NC: 2025:KHC:1646 WP No. 570 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 - 61 - NC: 2025:KHC:1646 WP No. 570 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 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.3-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 62 - NC: 2025:KHC:1646 WP No. 570 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 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 AT List No.: 1 Sl No.: 43