- 1 - NC: 2025:KHC:2847 WP No. 1440 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.1440 OF 2025 (CS-RES) BETWEEN: 1. MR. SHEKAR HEJMADI S/O. SRI. JANU MUKHARI, AGED ABOUT 59 YEARS, R/AT NO.3/10, HEJAMADI POST, UDUPI-574 103. 2. MR. DINESH KOTIAN, S/O. SRI. SANJEEVA POOJARI AGED ABOUT 49 YEARS, R/AT NO.2-105 (394), NEAR CHURCH, NANDIKOOR VILLAGE, PALIMARU, UDUPI-574 112. …PETITIONERS (BY SRI. KIRAN N., ADVOCATE) AND: 1. THE ELECTION OFFICER THE DEPUTY DIRECTOR OF CO-OPERATIVE SOCIETIES, UDUPI DISTRICT, RAJATADRI, MANIPAL, UDUPI-576 104. 2. THE RETURNING OFFICER, THE ASSISTANT DEVELOPMENT OFFICER, PADUBIDRI CO-OPERATIVE AGRICULTURAL SOCIETY, PADUBIDRI, KAPU TALUK, UDUPI-574 111. 3. M/S. PADUBIDRI CO-OPERATIVE AGRICULTURAL SOCIETY, REPRESENTED BY ITS PRESIDENT, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2847 WP No. 1440 of 2025 PADUBIDRI, KAPU TALUK. UDUPI-574111. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ELECTION NOTICE ISSUED UNDER SECTION 14(3) BY THE R-2 ON 02.01.2025 APPENDED VIDE ANNEXURE-A; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE P-1 APPENDED VIDE ANNEXURE-B BY AFFORDING OPPORTUNITY TO THE PETITIONER TO CONTEST THE UPCOMING GENERAL ELECTIONS OF THE SOCIETY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners have sought for the following prayers: “A. To Quash the impugned election notice issued under section 14 (3) by the respondent no.2 on 02-01-2025 Appended vide ANNEXURE A. B. To direct the respondents to consider the representation of the petitioner no.1 appended vide ANNEXURE B by affording opportunity to the petitioners to contest the upcoming general elections of the society. C. Pass such other order relief's this Hon'ble Court deems fit to grant under the circumstances of the above case, in the interest of justice and equity.” - 3 - NC: 2025:KHC:2847 WP No. 1440 of 2025 2. The grievance of the petitioners is that the condition precedent imposed to contest the elections scheduled on 28.01.2025 by those members who have availed the membership by paying the nominal fees, is irrational. 3. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondents. 4. If the contention of the petitioners is that the petitioners were not permitted to contest the election for not maintaining a minimum balance of Rs10,000/- not less than a period of one year, they are not eligible, the grievance being while preparing the electoral roll, which is part of the election process, the election process having been set in motion, it is well settled law that writ petition - 4 - NC: 2025:KHC:2847 WP No. 1440 of 2025 under Article 226 of the Constitution is not maintainable under the said circumstances, the present writ petition is dismissed . Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 59