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High Court of Karnataka · body

2025 DAILYLAW 13607 (KAR)

PADMASHREE K S v. THE STATE OF KARNATAKA

WP/806/2025 · 2025-01-24

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3327 WP No. 806 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 806 OF 2025 (CS-EL/M) BETWEEN: 1. PADMASHREE K S W/O SRIDHAR GUPTA K V AGED 55 YEARS, SHARE NO.7525 2. ANAND KUMAR T S S/O SUBBARAYA SHETTY S R AGED ABOUT 56 YEARS, SHARE NO.678 3. T A NATARAJ S/O NAMA ASHWATHAIAH SETTY AGED ABOUT 59 YEARS, SHARE NO.518 4. SUKANYA K V W/O K N SHANKARANARAYANA SETTY AGED ABOUT 79 YEARS, SHARE NO.684 5. SWETHA RAGHAV W/ RAGHAV C M AGED ABOUT 33 YEARS, SHARE NO.8207 6. RAGHAV C M S/O MURALIDHAR C S AGED ABOUT 36B YEARS, SHARE NO.(7395)(1588) 7. NEELIMAK K S W/O SATHISH K S AGED ABOUT 47 YEARS, SHARE NO.7220 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3327 WP No. 806 of 2025 8. LATHA NATARAJ S/O T A NATARAJ AGED ABOUT 65 YEARS, SHARE NO.4168 9. THEJOVATHI S/O NATESH M S AGED ABOUT 52 YEARS, SHARE NO.4915 10. NAGALAKSHMI G A W/O NATARAJU AGED ABOUT 55 YEARS, SHARE NO.7949(1830) 11. DINESH K J S/O K V JANARDHAN AGED ABOUT 59 YEARS, SHARE NO.872 12. MANJULA BABU N S W/O SRINIVAS BABU N AGED ABOUT 45 YEARS, SHARE NO.4154 13. SANJAY BABU N @ SRINI @ BABU S/O NANJUNDAIAH SETTY N K AGED ABOUT 59 YEARS, SHARE NO.611 (171) 14. PRANADEVA SETTY T S S/O T P SANJEEVARAYA SETTY AGED ABOUT 70 YEARS, SHARE NO.3215 15. SANJAY T P S/O PRANADEVA SETTY T S AGED ABOUT 48 YEARS, SHARE NO.3212 16. HEMALATHA N G W/ SANJAY T P AGED ABOUT 44 YEARS, SHARE NO.6760 - 3 - NC: 2025:KHC:3327 WP No. 806 of 2025 17. SRIDEVI D W/O K J DINESH AGED ABOUT 55 YEARS, SHARE NO.2650 18. VIDYA SHASHIDHAR W/O SHASHIDHAR AGED ABOUT 52 YEARS, SHARE NO.2852 19. B C PADMA HARITHA W/O CHINNAIAH SETTY AGED ABOUT 50 YEARS, SHARE NO.2569 20. INDIRA W/O KANTHARAJA SETTY AGED ABOUT 75 YEARS, SHARE NO.1010 21. MANOJ D S/O DINESH K J AGED ABOUT 29 YEARS, SHARE NO.8209 22. NAGALAKSHMI N S S/O B PREM KUMAR AGED ABOUT 45 YEARS, SHARE NO.35 23. RAVINDRANATH K.V. S/O VENKATACHALA SETTY AGED ABOUT 50 YEARS, SHARE NO.878 24. N S VENKATESH S/O SATHYANARAYANA SETTY AGED ABOUT 47 YEARS, SHARE NO.1149 25. MAHADESH BABU C N SO NARASIMHA SETTY C N AGED ABOUT 63 YEARS, SHARE NO.166 - 4 - NC: 2025:KHC:3327 WP No. 806 of 2025 26. PUSHPA W/O ATHMANANDA GUPTA AGED ABOUT 68 YEARS, SHARE NO.365 27. N S LAKSHMI W/O N S VENKATESH AGED ABOUT 57 YEARS, SHARE NO.1700 28. PREM KUMAR B S/O SHANKARA AGED ABOUT 70 YEARS, SHARE NO.34 29. NAGARAJU S K S/O VENKATAGIRIYAPPA S K AGED ABOUT 52 YEARS, SHARE NO.1791 30. SHOBHA W/O C A JAGADEESH BABU AGED ABOUT 63 YEARS, SHARE NO.3321 31. SARASWATHI W/O ATHMARAMA SETTY AGED ABOUT 67 YEARS, SHARE NO.5434 32. POORNIMA K A D/O ATHMARAMA SETTY AGED ABOUT 42 YEARS, SHARE NO.5435 33. PRAVEEN K A S/O ATHMARAMA SETTY AGED ABOUT 40 YEARS, SHARE NO.5436 34. DIVYA JYOTHI L S D/O SATHYANARAYANA L AGED ABOUT 40 YEARS, SHARE NO.5692 - 5 - NC: 2025:KHC:3327 WP No. 806 of 2025 35. NAGENDRA PRASAD A S/O ASHOK KUMAR AGED ABOUT 53 YEARS, SHARE NO.5694 36. K. LAKSHMINARAYANA MURTHY S/O KRISHNAMURTY AGED ABOUT 65 YEARS, SHARE NO.7468 37. M L NAGARAJA SETTY S/O LAKSHMAIAH SETTY AGED ABOUT 70 YEARS, SHARE NO.7452 38. M A SUNIL S/O ADINARAYANA SETTY N K AGED ABOUT 45 YEARS, SHARE NO.7451 39. BHARATH M P S/O PRASAD GIRIDHANVA AGED ABOUT 40 YEARS, SHARE NO.7533 40. MANGALA PRASAD W/O PRASAD AGED ABOUT 65 YEARS, SHARE NO.8149 41. S. VENKATA CHALAPATHY S/O SHANKARANARAYANA SETTY AGED ABOUT 59 YEARS, SHARE NO.7449 42. K V MANJUNATHA S/O VISHWESHWARAIAH K N AGED ABOUT 68 YEARS, SHARE NO.7450 43. SREENATH G R S/O RATHNA SETTY AGED ABOUT 59 YEARS, SHARE NO.7463 - 6 - NC: 2025:KHC:3327 WP No. 806 of 2025 44. LAKSHMI SRINATH W/O SREENTH G R AGED ABOUT 52 YEARS, SHARE NO.8252 45. K P ASHWATH NARAYANA S/O L T PATTABHIRAMA AGED ABOUT 65 YEARS, SHARE NO.7448 46. ARCHAN KUMAR K L S/O LAKSHMINARAYANA MURTHY AGED ABOUT 42 YEARS, SHARE NO.8253 47. K P SHANKAR S/O L T PATTABHIRAMA SETTY AGED ABOUT 62 YEARS, SHARE NO.8113 48. ANNAPURNA K S W/O SHANKAR K P AGED ABOUT 55 YEARS, SHARE NO.8519 49. ANANDA KRISHNA M N S/O NAGAPRASAD M R AGED ABOUT 46 YEARS, SHARE NO.7447 50. H J GEETHA LAKSHMI W/O JANARDHANA GUPTA AGED ABOUT 59 YEARS, SHARE NO.8530 51. G N PRAMILA W/O NAGARAJU G V AGED ABOUT 56 YEARS, SHARE NO.8544 52. RAKESH T G D/O GOVINDA RAO T V AGED ABOUT 30 YEARS, SHARE NO.8475 - 7 - NC: 2025:KHC:3327 WP No. 806 of 2025 53. GOVINDARAJU T V S/O VENKATACHALA SETTY AGED ABOUT 58 YEARS, SHARE NO.8474 54. T G PRABHAVATHAMMA W/O GOVINDARAJU T V AGED ABOUT 56 YEARS, SHARE NO.8548 55. E G VENUGOPAL S/O GOVINDA SETTY AGED ABOUT 58 YEARS, SHARE NO.8508 56. KRISHNA MURTHY K M S/O MYLARA SETTY AGED ABOUT 59 YEARS, SHARE NO.8554 57. H S PRASANNA KUMAR S/O SAMBA MURTHY SETTY AGED ABOUT 64 YEARS, SHARE NO.7551 58. H P SUDHA D/O PRASANNA KUMAR AGED ABOUT 59 YEARS, SHARE NO.8547 59. G R DHANPAL S/O RADHA KRISHNA G AGED ABOUT 55 YEARS, SHARE NO.7465 60. MAHESHWARI P MAKAM D/O PARTHASARATHI T A AGED ABOUT 48 YEARS, SHARE NO.7085 61. USHA W/O NATESH BABU AGED ABOUT 43 YEARS, SHARE NO.1997 - 8 - NC: 2025:KHC:3327 WP No. 806 of 2025 62. PRAFUL N W/O NATESH BABU K AGED ABOUT 52 YEARS, SHARE NO.8581 63. GURUPRASAD H S/O HARIKRISHNA SETTY AGED ABOUT 57 YEARS, SHARE NO.6695 64. SRINIVASA P N S/O NARAYANA MURTHY AGED ABOUT 50 YEARS, SHARE NO.2698 65. P S SRINIVASA W/O P V SUBBARAYA SETTY AGED ABOUT 56 YEARS, SHARE NO.6695 66. MALINI S W/O KARTHIK S AGED ABOUT 48 YEARS, SHARE NO.7616 67. KRISHNAMURTHY S S/O SURYA NARAYANA SETTY AGED ABOUT 54 YEARS, SHARE NO.3094 68. PRATHIBA Y W/O RAVIKIRAN R V AGED ABOUT 44 YEARS, SHARE NO.8595 69. PRABHAKAR H S/O SRINVIAS H AGED ABOUT 57 YEARS, SHARE NO.8073 70. CHANDRAKUMAR P N S/O NARAYANA SETTY AGED ABOUT 51 YEARS, SHARE NO.2644 - 9 - NC: 2025:KHC:3327 WP No. 806 of 2025 71. ARCHANA K G W/O SHEKHAR S AGED ABOUT 42 YEARS, SHARE NO.6982 72. KRISHNAIAH SETTY C S/O RAMAIAH SETTY AGED ABOUT 54 YEARS, SHARE NO.6965 73. NATESH BABU K S/O KANTHARAJU K AGED ABOUT 56 YEARS, SHARE NO.393 74. RACHANA H W/O PRABHAKARA H AGED ABOUT 42 YEARS, SHARE NO.8074 75. VANI P C W/O CHANDRA KUMAR P N AGED ABOUT 47 YEARS, SHARE NO.8629 76. PAVITHRA W/O CHIDAMBAR KUMAR AGED ABOUT 48 YEARS, SHARE NO.7569 77. VIUTHA C W/O KRISHNAIAH SETTY C AGED ABOUT 52 YEARS, SHARE NO.6964 78. RAVIKIRAN R V S/O VARADARAJ R S AGED ABOUT 54 YEARS, SHARE NO.6926 79. LASYA UMESH W/O UMESH BABU K AGED ABOUT 45 YEARS, SHARE NO.6646 - 10 - NC: 2025:KHC:3327 WP No. 806 of 2025 80. LIKHITHA UMESH D/O UMESH BABU K AGED ABOUT 42 YEARS, SHARE NO.6645 81. HARISH K N S/O K N NARAYANA SETTY AGED ABOUT 54 YEARS, SHARE NO.1656 82. ASHA K N S BABU W/O SUBRAMANYA BABU K N AGED ABOUT 52 YEARS, SHARE NO.145 83. RADHAGOPAL K W/O K N VENUGOPAL AGED ABOUT 58 YEARS, SHARE NO.484 84. PRUTHVIRAJ S/O VENUGOPAL AGED ABOUT 42 YEARS, SHARE NO.8558 85. LAKSHMI NIKHIL W/O NIKHIL UMESH AGED ABOUT 42 YEARS, SHARE NO.8580 86. K P CHAYALAKSHMI W/O PRAKASH K R AGED ABOUT 52 YEARS, SHARE NO.4824 87. LAKSHMI UMESH W/O UMESH BABU AGED ABOUT 55 YEARS, SHARE NO.1998 88. NIKHIL U S/O UMESH BABU K AGED ABOUT 40 YEARS, SHARE NO.7184 - 11 - NC: 2025:KHC:3327 WP No. 806 of 2025 89. LELAVATHAMMA W/O KANTHARAJU SETTY AGED ABOUT 56 YEARS, SHARE NO.4451 90. SINDHU R D/O RAJENDRA PRASAD K N AGED ABOUT 38 YEARS, SHARE NO.6687 91. SRILAKSHMI B H D/O M K SUBBARAMAIAH SETTY AGED ABOUT 35 YEARS, SHARE NO.1960 92. DEEPTHI K W/O RAMU N S AGED ABOUT 44 YEARS, SHARE NO.4862 93. SRIMATHI K N W/O K S NAGESH AGED ABOUT 45 YEARS, SHARE NO.886 94. ACHUTHA T S S/O SHESHANNA AGED ABOUT 45 YEARS, SHARE NO.5711 95. ARCHANA K D/O SHESHANNA AGED ABOUT 41 YEARS, SHARE NO.1961 96. ARPITHA T S D/O SHESHANNA AGED ABOUT 38 YEARS, SHARE NO.3289 97. VISHALAKSHI D/O NAGARAJU M K AGED ABOUT 45 YEARS, SHARE NO.825 - 12 - NC: 2025:KHC:3327 WP No. 806 of 2025 98. KASTHURI M V W/O N K VASUDEVA SETTY AGED ABOUT 55 YEARS, SHARE NO.830 99. NAGAMMA B R W/O RAMACHANDRA SETTY B R AGED ABOUT 58 YEARS, SHARE NO.821 100. MANJULA M S W/O M K SHESHANNA AGED ABOUT 58 YEARS, SHARE NO.832 101. RAMYA A D/O RAMACHANDRA SETTY AGED ABOUT 35 YEARS, SHARE NO.3316 102. NAGARATHNA K N W/O N K NAGARAJ AGED ABOUT 54 YEARS, SHARE NO.835 103. RAGHAVENDRA T N S/O NAGARAJ N K AGED ABOUT 32 YEARS, SHARE NO.826 104. RADHAMOHAN B W/O B R MOHAN AGED ABOUT 43 YEARS, SHARE NO.1329 105. SHYAM B M S/O B R MOHAN AGED ABOUT 57 YEARS, SHARE NO.5373 106. RAMU B M S/O B R MOHAN AGED ABOUT 53 YEARS, SHARE NO.5372 - 13 - NC: 2025:KHC:3327 WP No. 806 of 2025 107. RAJESHWARI N D W/O DHRUVA RAJ AGED ABOUT 48 YEARS, SHARE NO.1157 108. MANJULA K R W/O K S RAMANUJA AGED ABOUT 50 YEARS, SHARE NO.1654 109. R P VINODA LEELA W/O R S PRABHAKARA AGED ABOUT 65 YEARS, SHARE NO.1287 110. SARASWATHAMMA K N W/O NANJUNDA SHETTY K N AGED ABOUT 75 YEARS, SHARE NO.255 111. NAGABHUSHANA K N S/O K S NARASIMHA MURTHY AGED ABOUT 53 YEARS, SHARE NO.3030 112. CHETHANA NAGABHUSHANA W/O K N NAGABHUSHANA AGED ABOUT 48 YEARS, SHARE NO.3031 113. SRIVIDYA MANJUNATH W/O MANJUNATH AGED ABOUT 38 YEARS, SHARE NO.7309 114. RAVI T V S/O T A VIJAYAKUMAR AGED ABOUT 51 YEARS, SHARE NO.1851 115. LAVANYA N W/O RAVI T V AGED ABOUT 46 YEARS, SHARE NO.7678 - 14 - NC: 2025:KHC:3327 WP No. 806 of 2025 116. T A VIJAYAKUMAR S/O K S ASHWATHANARAYANA SETTY AGED ABOUT 80 YEARS, SHARE NO.1515 117. SHANTHAKUMAR S S/O K S ASHWATHANARAYANA SETTY AGED ABOUT 70 YEARS, SHARE NO.40 118. LAKSHM L V W/O VENKATESHWARALU L AGED ABOUT 70 YEARS, SHARE NO.841 119. GOWRAMMA K W/O KRISHNAIAH SETTY AGED ABOUT 80 YEARS, SHARE NO.997 120. SINDHU L.P. W/O PRADEEP L S AGED ABOUT 42 YEARS, SHARE NO.5779 121. DIVYA JYOTHI L S D/O SATHYANARAYANA L AGED ABOUT 43 YEARS, SHARE NO.5692 122. RAJESH S S/O SRIRAMA SETTY AGED ABOUT 41 YEARS, SHARE NO.6609 123. BHAVANA N D/O NAVANEETHKUMAR V AGED ABOUT 45 YEARS, SHARE NO.7345 124. SRILALITHA D/O SRIRAMA SETTY S K AGED ABOUT 46 YEARS, SHARE NO.6608 - 15 - NC: 2025:KHC:3327 WP No. 806 of 2025 125. BADARINATH G L S/O G LAKSHMINARAYANA SETTY AGED ABOUT 53 YEARS, SHARE NO.1804 126. SHOBHARANI W/O BADARINATH G L AGED ABOUT 50 YEARS, SHARE NO.4855 127. LAKSHMINARAYANA SETTY S/O NARAYANA SETTY AGED ABOUT 85 YEARS, SHARE NO.928 128. SATHYAVATHI R N W/O NAGESH BABU AGED ABOUT 57 YEARS, SHARE NO.6783 129. SATHISH S/O VEERANNA SETTY AGED ABOUT 54 YEARS, SHARE NO.7045 130. S SINDHU W/O ANANTH T S AGED ABOUT 52 YEARS, SHARE NO.7956 131. S KANTHALAKSHMI W/O K N SAMPATH KUMAR AGED ABOUT 58 YEARS, SHARE NO.967 132. CHANDRAKALA W/O AMARANATH K AGED ABOUT 56 YEARS, SHARE NO.6931 133. KOKILA T G W/O GOPALAKRISHNA SETTY AGED ABOUT 28 YEARS, SHARE NO.265 - 16 - NC: 2025:KHC:3327 WP No. 806 of 2025 134. GOPALAKRISHNA T C S/O CHANDRAIAH SETTY AGED ABOUT 67 YEARS, SHARE NO.264 135. PRAKRUTHI S W/O MANJUNATHA R B AGED ABOUT 47 YEARS, SHARE NO.8030 136. VIMALA W/O E V VENKATESH AGED ABOUT 52 YEARS, SHARE NO.1746 137. PUSHPAVALLI W/O JAYAKUMAR C L AGED ABOUT 57 YEARS, SHARE NO.566 138. PAVITHRA D W/O CHIDAMAR KUMAR AGED ABOUT 54 YEARS, SHARE NO.7569 139. PRAKRUTHI S D/O SRINIVASA S AGED ABOUT 44 YEARS, SHARE NO.8823 140. ARJUN M J S/O JAGADISH M S AGED ABOUT 56 YEARS, SHARE NO.7154 141. MURALIDHAR C S S/O SUBRAMANYA SETTY AGED ABOUT 59 YEARS, SHARE NO.299 142. SURESH C S S/O SUBRAMANYA SETTY C S AGED ABOUT 57 YEARS, SHARE NO.300 - 17 - NC: 2025:KHC:3327 WP No. 806 of 2025 143. SATHISH BABU S/O T K ANANTHA PADMANABHA SETTY AGED ABOUT 57 YEARS, SHARE NO.2151 144. SAMPATH KUMAR S/O LAKSHMINARASIMHA SETTY AGED ABOUT 65 YEARS, SHARE NO.971 145. RAJENDRA S/O SRIRAMA SETTY AGED ABOUT 57 YEARS, SHARE NO.7292 146. VIGHNESH S/O MURALI KRISHNA SETTY AGED ABOUT 57 YEARS, SHARE NO.7937 147. PARVATHI T V W/O R N SHIVAKUMAR GUPTA AGED ABOUT 54 YEARS, SHARE NO.2606 148. SHIVAKUMAR GUPTA R N S/O T R NANJUNDA AGED ABOUT 58 YEARS, SHARE NO.2605 149. PRIYANKA D/O NARAYANAMURTHY C A AGED ABOUT 43 YEARS, SHARE NO.7775 150. CHANDRAKALA D/O S R NAGARAJA SETTY AGED ABOUT 44 YEARS, SHARE NO.1895 151. VIJAYAKUMAR K V S/O K S VENKATACHALA SETTY AGED ABOUT 54 YEARS, SHARE NO.2919 - 18 - NC: 2025:KHC:3327 WP No. 806 of 2025 152. BHRAMARAMBHA W/O ANJAN KUMAR AGED ABOUT 47 YEARS, SHARE NO.7683 153. ANJAN KUMAR K S S/O K N SHANKAR AGED ABOUT 55 YEARS, SHARE NO.3097 154. MEENAKSHAMMA G V W/O VENKATACHALA SETTY G A AGED ABOUT 57 YEARS, SHARE NO.1117 155. SATHYANARAYANA SETTY K M S/O PANDURANGA SETTY K M AGED ABOUT 58 YEARS, SHARE NO.6945 156. PADMAVATHI K S W/O SATHYANARAYANA SETTY K M AGED ABOUT 52 YEARS, SHARE NO.6944 157. T.N. DIVYA W/O T V RAGHAVENDRA AGED ABOUT 46 YEARS, SHARE NO.7352 158. CHINMAYI N S D/O SURESH BABU AGED ABOUT 48 YEARS, SHARE NO.6923 159. CHETHANA N S S/O SURESH BABU N R AGED ABOUT 53 YEARS, SHARE NO.8192 160. RAGHAVENDRA N S/O NAGARAJA SETTY AGED ABOUT 59 YEARS, SHARE NO.6857 - 19 - NC: 2025:KHC:3327 WP No. 806 of 2025 161. N R NAGARAJA SETTY S/O N K RAMACHANDRA SETTY AGED ABOUT 53 YEARS, SHARE NO.1498 162. BRUNDRA B N D/O NAGABHUSHANA B A AGED ABOUT 49 YEARS, SHARE NO.8240 163. SHWETHA S W/O RAGHAVENDRA AGED ABOUT 48 YEARS, SHARE NO.7540 164. AJAY S S/O SUBBAIAH SETTY AGED ABOUT 57 YEARS, SHARE NO.6933 165. NANDA KISHOR M R S/O RAJAGOPALA SETTY M R AGED ABOUT 58 YEARS, SHARE NO.7273 166. SHRUTHI B A W/O NAGARAJU B AGED ABOUT 54 YEARS, SHARE NO.6807 167. PADMAVATHAMMA T C W/O CHANDRASHEKHAR T N AGED ABOUT 50 YEARS, SHARE NO.3253 168. T N KIRAN KUMAR S/O NANJUNDA SETTY B S AGED ABOUT 58 YEARS, SHARE NO.2809 169. T K APARNA W/O KIRAN KUAMR T N AGED ABOUT 50 YEARS, SHARE NO.7332 - 20 - NC: 2025:KHC:3327 WP No. 806 of 2025 170. RAMAKRISHNA PRASAD G R S/O G C RANGANATHA SETTY AGED ABOUT 58 YEARS, SHARE NO.1326 171. SAMPATH KUMAR D N S/O NAGARAJA SETTY L M AGED ABOUT 50 YEARS, SHARE NO.7314 172. ADILAKSHMI NARAYANA MURTHY W/O NARAYANAMURTHY L M AGED ABOUT 57 YEARS, SHARE NO.7310 173. SEETHARAMU B V S/O VENKATARAMAIAH SETTY AGED ABOUT 68 YEARS, SHARE NO.1390 174. JAYALAKSHMI B S W/O SEETHARAMU B V AGED ABOUT 59 YEARS, SHARE NO.1391 175. NAGESH T K S/O T V KONDAIAH SETTY AGED ABOUT 63 YEARS, SHARE NO.1731 176. VENKATESH BABU L N S/O NAGARAJA SETTY AGED ABOUT 38 YEARS, SHARE NO.2610 177. BALAJI G V S/O G V DWARAKANATH AGED ABOUT 46 YEARS, SHARE NO.2767 178. SAVITHA K S W/O K R VENKATACHALAPAHY AGED ABOUT 38 YEARS, SHARE NO.2783 - 21 - NC: 2025:KHC:3327 WP No. 806 of 2025 179. JYOTHI M W/O V P MANOHARA SETTY AGED ABOUT 58 YEARS, SHARE NO.2800 180. LAKSHMI K KUMAR W/O KRISHNAKUMAR K A AGED ABOUT 59 YEARS, SHARE NO.2848 181. KRISHNAMUMAR K A S/O N ASHWATHAIAH AGED ABOUT 67 YEARS, SHARE NO.2849 182. NAGENDRA KUMAR S/O N ASHWATHAIAH AGED ABOUT 38 YEARS, SHARE NO.2853 183. DEEPA C R D/O C G RAGHAVENDRA AGED ABOUT 32 YEARS, SHARE NO.2887 184. SREEDHARA K S/O G T KRISHNA SETTY AGED ABOUT 59 YEARS, SHARE NO.2921 185. RADHAKRISHNA SETTY N S/O NAGARAJA SETTY AGED ABOUT 59 YEARS, SHARE NO.3025 186. SANDHYARANI S S W/O A V N PRASAD AGED ABOUT 36 YEARS, SHARE NO.3066 187. PRABHAKAR S S/O LATE SATHYANARAYANA SETTY AGED ABOUT 59 YEARS, SHARE NO.3089 - 22 - NC: 2025:KHC:3327 WP No. 806 of 2025 188. SASHIKALA H R S/O S PRABHAKAR AGED ABOUT 57 YEARS, SHARE NO.3090 189. LAKSHMI G V W/O M A NAGESH AGED ABOUT 48 YEARS, SHARE NO.3101 190. LATHA S D/O K N VENKATACHALAPATHY AGED ABOUT 36 YEARS, SHARE NO.3128 191. MANJULA W/O D R SRINIVASA AGED ABOUT 42 YEARS, SHARE NO.3246 192. PARIJATHA W/O T V RAMESH BABU AGED ABOUT 47 YEARS, SHARE NO.3300 193. SHAILAJA VENUGOPAL W/O VENUGOPAL T N AGED ABOUT 55 YEARS, SHARE NO.4180 194. SRINIVAS K V S/O K VENKATARAMAIAH AGED ABOUT 56 YEARS, SHARE NO.3161 195. ROOPANADA R W/O RAGHUNAND M S AGED ABOUT 47 YEARS, SHARE NO.6904 196. KATTA PERUMAL S/O KATTA KRISHNAIAH SETTY AGED ABOUT 56 YEARS, SHARE NO.3180 - 23 - NC: 2025:KHC:3327 WP No. 806 of 2025 197. G P PRAMODKUMAR S/ PRASANNAKUMAR G S AGED ABOUT 53 YEARS, SHARE NO.8497 198. SUDHALAKSHMI W/O PRAMODKUMAR G P AGED ABOUT 47 YEARS, SHARE NO.8498 199. PRASANNAKUMAR G S S/O LATE G SHANKAR SETTY AGED ABOUT 57 YEARS, SHARE NO.3179 200. NATARAJ M S S/O SURYANARAYANA SETTY AGED ABOUT 59 YEARS, SHARE NO.8374 201. SUGUNA M W/O NATARAJ M S AGED ABOUT 55 YEARS, SHARE NO.8365 202. DEVIPRASAD S S/O VISHWANATH SETTY AGED ABOUT 59 YEARS, SHARE NO.8452 203. ANIL KUMAR G S/O DHARAMPAL G S AGED ABOUT 51 YEARS, SHARE NO.8461 204. VENKATESH BABU S V S/O VENKAIAH SETTY AGED ABOUT 58 YEARS, SHARE NO.3157 205. NAGAMANI S W/O VENKATESH BABU S V AGED ABOUT 53 YEARS, SHARE NO.8410 - 24 - NC: 2025:KHC:3327 WP No. 806 of 2025 206. VENKATARAMAN T S W/O SATHYANARAYANA GUPTA AGED ABOUT 56 YEARS, SHARE NO.8462 207. S L MANJUNATH S/O LAKSHMINARAYANA SETTY AGED ABOUT 57 YEARS, SHARE NO.8125 208. M J MOHAN BABU S/O JANARDHANA BABU AGED ABOUT 59 YEARS, SHARE NO.8123 209. NAGARAJA N K S/O N V KRISHNA SETTY AGED ABOUT 47 YEARS, SHARE NO.3159 210. SATHYA PRAKASH M C S/O M CHAYANNA SETTY AGED ABOUT 54 YEARS, SHARE NO.3165 211. D SHIVAPRASAD S/O SUBBARAYA GUPTA D AGED ABOUT 64 YEARS, SHARE NO.8146 212. NITHIN S V S/O VENKATESH BABU S V AGED ABOUT 45 YEARS, SHARE NO.8412 213. KEERTHI S V D/O VENKATESH BABU S V AGED ABOUT 43 YEARS, SHARE NO.8411 214. S MANJUNATHA GUPTA S/O VENKAIAH AGED ABOUT 62 YEARS, SHARE NO.8407 - 25 - NC: 2025:KHC:3327 WP No. 806 of 2025 215. LAKSHMI S W/O MANJUNATH GUPTA S AGED ABOUT 56 YEARS, SHARE NO.8408 216. SIRISHA S M D/O MANJUNATHA GUPTA S AGED ABOUT 44 YEARS, SHARE NO.8409 217. Y A NARAYANA SETTY S/O ANJANEYA SETTY K AGED ABOUT 54 YEARS, SHARE NO.8121 218. K SRINIVAS S/O VENKATARAMAIAH K AGED ABOUT 59 YEARS, SHARE NO.8114 219. M S JAGADISH S/O SURYANARAYANA SETTY AGED ABOUT 51 YEARS, SHARE NO.3166 220. KIRAN TALANKI S V S/O VENKATARAMA SETTY AGED ABOUT 38 YEARS, SHARE NO.7919 221. NAGARJUNA T A S/O ANANTHAMURTHY AGED ABOUT 32 YEARS, SHARE NO.7882 222. GANGAIAH GUPTHA M S/O ASHWATHANARAYANA SETTY M AGED ABOUT 44 YEARS, SHARE NO.4119 223. SRILAKSHMI N W/O T K NAGARAJA SETTY AGED ABOUT 65 YEARS, SHARE NO.1005 - 26 - NC: 2025:KHC:3327 WP No. 806 of 2025 224. G V LAKSHMI W/O VIVEK G N AGED ABOUT 59 YEARS, SHARE NO.7001 225. NIRUSHA G V W/O VINOD G N AGED ABOUT 36 YEARS, SHARE NO.7725 226. GAYATHRI W/O SRINIVASA T AGED ABOUT 62 YEARS, SHARE NO.4509 227. SRINIVASA T S/O LATE GAVAIAH SETTY T M AGED ABOUT 58 YEARS, SHARE NO.4508 228. SREESHA TALANKI S M D/O MANJUNATH SETTY S R AGED ABOUT 33 YEARS, SHARE NO.7723 229. NAVEEN KUMAR S V S/O VENKATARAMANA SETTY AGED ABOUT 36 YEARS, SHARE NO.7724 230. RAGHAVENDRA T N S/O NAGARAJA T AGED ABOUT 46 YEARS, SHARE NO.4810 231. RATHNAMALA S W/O H R SUBBARAJA AGED ABOUT 51 YEARS, SHARE NO.2897 232. VENKATESH BABU S/O VENAKATARAMAIAH SETTY AGED ABOUT 56 YEARS, SHARE NO.5441 - 27 - NC: 2025:KHC:3327 WP No. 806 of 2025 233. NAGA PRAVEEN S/O ADIRAMA SETTY AGED ABOUT 51 YEARS, SHARE NO.5806 234. SMITHA R C D/O CHANDRASHEKHAR GUPTA AGED ABOUT 35 YEARS, SHARE NO.6744 235. LAVANYA K R W/O DEEPAK T N AGED ABOUT 36 YEARS, SHARE NO.6877 236. ANANDALAKSMI K S W/O SRIDHARAMURTHY K R AGED ABOUT 57 YEARS, SHARE NO.6884 237. SHOBHA MALLIKARJUNA B M D/O NARAYANA SETTY T N AGED ABOUT 43 YEARS, SHARE NO.6885 238. SWATHI BHAGAWAN W/O HARI BHAGAWAN MAKAM T S AGED ABOUT 38 YEARS, SHARE NO.7012 239. RAGHAVENDRA T S S/O D R SRINIVAS AGED ABOUT 48 YEARS, SHARE NO.7404 240. KUMUDA T L D/O LAKSHMINARAYANA SETTY AGED ABOUT 42 YEARS, SHARE NO.7386 241. ARJUN C S/O C S JAGADISH BABU AGED ABOUT 44 YEARS, SHARE NO.7401 - 28 - NC: 2025:KHC:3327 WP No. 806 of 2025 242. NAGAMANI W/O VENKATESH BABU AGED ABOUT 47 YEARS, SHARE NO.7437 243. SRUTHI T N D/O NAGESH T G AGED ABOUT 38 YEARS, SHARE NO.7696 244. NAGASHREE K S D/O SRIDHARMURTHY K V AGED ABOUT 38 YEARS, SHARE NO.7737 245. SRINATH D S S/O SHANKARANARAYANA SETTY AGED ABOUT 55 YEARS, SHARE NO.7460 246. N. SANDYA K.S. D/O SATISH K V AGED ABOUT 36 YEARS, SHARE NO.6614 247. SUPRITHA K S D/O SATHISH K V AGED ABOUT 32 YEARS, SHARE NO.7811 248. POORVI KOMARALU D/O SRIDHAR K R AGED ABOUT 34 YEARS, SHARE NO.7699 249. C J DAKSHAYANI W/O C S JAGADISH BABU AGED ABOUT 59 YEARS, SHARE NO.993 250. JAGADISH BABU C S S/O SHIVARAMAIAH SETTY C R AGED ABOUT 66 YEARS, SHARE NO.994 - 29 - NC: 2025:KHC:3327 WP No. 806 of 2025 251. K S MEGHANA W/O SHANKAR K S AGED ABOUT 38 YEARS, SHARE NO.7722 252. DEEPA D/O K N SATHYANARAYANA AGED ABOUT 40 YEARS, SHARE NO.4192 253. TEJASWINI S W/O MANU G R AGED ABOUT 40 YEARS, SHARE NO.7243 254. VINODA W/O G R RAMAMURTHY AGED ABOUT 70 YEARS, SHARE NO.3069 255. K S SHANKAR S/O LATE SATHYANARAYANA SETTY AGED ABOUT 40 YEARS, SHARE NO.6903 256. NAVEEN A A S/O A N ANANDA SETTY AGED ABOUT 45 YEARS, SHARE NO.3039 257. RUKMINI A W/O ANNADA SETTY A N AGED ABOUT 70 YEARS, SHARE NO.2737 258. RAMYA P S D/O NAVEEN A A AGED ABOUT 45 YEARS, SHARE NO.6874 259. AMRUTHA A S W/O A A SHASHIDHARA AGED ABOUT 52 YEARS, SHARE NO.5454 - 30 - NC: 2025:KHC:3327 WP No. 806 of 2025 260. SHASHIDHARA A A S/O A N ANANDA SETTY AGED ABOUT 51 YEARS, SHARE NO.1949 261. CHANDRASHEKHARA H S S/O ANANTHAPADMANABA SHETTY AGED ABOUT 50 YEARS, SHARE NO.405 262. VEENA KUMAR A D/O A N ANANDA SETTY AGED ABOUT 55 YEARS, SHARE NO.406 263. LAKSHMI ARUN W/O A N ANANDA SETTY AGED ABOUT 50 YEARS, SHARE NO.4891 264. LATHA A D/O A N ANANDA SETTY AGED ABOUT 54 YEARS, SHARE NO.4892 265. ATHAMARAMA SETTY K A S/O ANANTHARAMA SETTY AGED ABOUT 78 YEARS, SHARE NO.5428 266. NETHRAVATHI W/O SURENDRA R S AGED ABOUT 44 YEARS, SHARE NO.7660 267. GOWRI JAYAKUMAR W/O JAYAKUMAR N G AGED ABOUT 57 YEARS, SHARE NO.5832 268. JAYAKUMAR N G S/O GOVINDARAJULU GUPTA AGED ABOUT 59 YEARS, SHARE NO.154 - 31 - NC: 2025:KHC:3327 WP No. 806 of 2025 269. GEETHAMURTHY W/O VASUDEVAMURTHY K AGED ABOUT 56 YEARS, SHARE NO.7595 270. MAHESHA D A S/O D N ANANTHARAMA SETTY AGED ABOUT 58 YEARS, SHARE NO.237 271. RUKMINI S W/O SHANKARANARAYANA SETTY AGED ABOUT 44 YEARS, SHARE NO.1531 272. NAGAJYOTHI D M W/O D A MAHESH AGED ABOUT 40 YEARS, SHARE NO.1907 273. SHILPA D B W/O D R BHADRESH AGED ABOUT 54 YEARS, SHARE NO.4158 274. PRASANNAKUMAR C V S/O K R VISHWANATH SETTY AGED ABOUT 56 YEARS, SHARE NO.2166 275. ARATHI G K W/O C V CHANDRASHEKHAR GUPA AGED ABOUT 48 YEARS, SHARE NO.2167 276. KIRANRAJ C R S/O RAMACHANDRAIAH SETTY K AGED ABOUT 39 YEARS, SHARE NO.7134 277. UMARANI C R D/O RAMACHANDRAIAH SETTY K AGED ABOUT 43 YEARS, SHARE NO.7133 - 32 - NC: 2025:KHC:3327 WP No. 806 of 2025 278. SUMALATHA C R D/O RAMACHANDRAIAH SETTY K AGED ABOUT 40 YEARS, SHARE NO.7132 279. KRISHNAKUMAR P P S/O T A PRASANNA KUMAR AGED ABOUT 45 YEARS, SHARE NO.1174 280. NIRMALA K W/O T P KIRAN KUMAR AGED ABOUT 39 YEARS, SHARE NO.1165 281. NIKHIL DONTHI S/O T P KIRANKUMAR AGED ABOUT 45 YEARS, SHARE NO.8184 282. RAHUL DONTHI S/O T P KIRANKUMAR AGED ABOUT 43 YEARS, SHARE NO.8183 283. UMA AMARANATH W/O AMARANATH T P AGED ABOUT 50 YEARS, SHARE NO.2733 284. SHOBHA DWARAK T D W/O D R KASHINATH AGED ABOUT 44 YEARS, SHARE NO.2724 285. KASHINATH K R S/O RAMANANDA GUPTA AGED ABOUT 50 YEARS, SHARE NO.8619 286. VIGNESH M S/O MAHESH C V AGED ABOUT 31 YEARS, SHARE NO.7932 - 33 - NC: 2025:KHC:3327 WP No. 806 of 2025 287. S DHANALAKSHMI S/O C V MAHESH AGED ABOUT 54 YEARS, SHARE NO.791 288. RAMU N G S/O N GOVINAIAH SETTY AGED ABOUT 39 YEARS, SHARE NO.3153 289. SATHYALAKSHMI K W/O KRISHNAMURTHY AGED ABOUT 48 YEARS, SHARE NO.3205 290. VINUTHA R W/O RUPESHU AGED ABOUT 39 YEARS, SHARE NO.3276 ALL ARE MEMBERS OF VYSYA CO-OPERATIVE BANK LTD, DR. SRI SRI SHIVAKUMARA SWAMIJI CIRCLE, B.H. ROAD, TUMKUR-572102 …PETITIONERS (BY SRI. RAJU S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OEPRATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ - 34 - NC: 2025:KHC:3327 WP No. 806 of 2025 DISTRICT ELECTION OFFICER, DISTRICT OFFICE, TUMKUR DISTRICT-572102. 4. RETURNING OFFICER VYSYA CO-OPERATIVE BANK LTD., B.H. ROAD, TUMKUR-572102 5. VYSYA CO-OPERATIVE BANK LTD., B.H. ROAD, TUMKUR-572102 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3, R4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. MANOHAR B.K., ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.5 AND ALSO TO CONTEST IN THE ELECTION, WHICH IS SCHEDULED TO BE HELD ON 19.01.2025 (ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 35 - NC: 2025:KHC:3327 WP No. 806 of 2025 ORAL ORDER Petitioners in this petition are seeking to direct respondent Nos.2 to 5 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, which was scheduled to be held on 19.01.2025. 2. This Court, by way of interim arrangement on 16.01.2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 19.01.2025 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: - 36 - NC: 2025:KHC:3327 WP No. 806 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.– - 37 - NC: 2025:KHC:3327 WP No. 806 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. - 38 - NC: 2025:KHC:3327 WP No. 806 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; - 39 - NC: 2025:KHC:3327 WP No. 806 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 - 40 - NC: 2025:KHC:3327 WP No. 806 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 - 41 - NC: 2025:KHC:3327 WP No. 806 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.” - 42 - NC: 2025:KHC:3327 WP No. 806 of 2025 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 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.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: 1 ILR 2024 KAR 1901 - 43 - NC: 2025:KHC:3327 WP No. 806 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 - 44 - NC: 2025:KHC:3327 WP No. 806 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: - 45 - NC: 2025:KHC:3327 WP No. 806 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 - 46 - NC: 2025:KHC:3327 WP No. 806 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. - 47 - NC: 2025:KHC:3327 WP No. 806 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 - 48 - NC: 2025:KHC:3327 WP No. 806 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 - 49 - NC: 2025:KHC:3327 WP No. 806 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 19.01.2025 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 - 50 - NC: 2025:KHC:3327 WP No. 806 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.5- 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 MBM List No.: 1 Sl No.: 0