- 1 - NC: 2025:KHC:3248 WP No. 820 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.820 OF 2025 (CS-EL/M) BETWEEN: 1. JAYARAMA G S/O GANGOJI RAO AGED ABOUT 69 YEARS SLF NO. 501196 2. MAHADEV S/O CHIKKEGOWDA AGED ABOUT 72 YEARS SLF NO. 35284 3. MAHADEVASWAMY S/O NANJAPPA AGED ABOUT 57 YEARS SLF NO. 35289 4. MALA W/O UMESH AGED ABOUT 56 YEARS SLF NO. 8328 5. PADMAVATHI W/O MAHADEVA AGED ABOUT 58 YEARS SLF NO. 35451 6. SHIVAKUMAR Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3248 WP No. 820 of 2025 S/O LATE MAHADEVAPPA AGED ABOUT 50 YEARS SLF NO. 28127 7. SHIVARANJAN S/O VEERENDRA KUMAR AGED ABOUT 42 YEARS SLF NO. 28127 8. SUDHA W/O GANESHPRASAD AGED ABOUT 45 YEARS SLF NO. 35968 9. VEERESH S/O LATE SHIVADEVAPPA AGED ABOUT 40 YEARS SLF NO. 35965 10. LIKITH S/O DINESH KUMAR AGED ABOUT 27 YEARS SLF NO. 35252 11. TRISHALA D/O DINESH KUMAR AGED ABOUT 31 YEARS SLF NO. 35919 12. GOWRAMBA W/O LATE SADASHIVAPPA AGED ABOUT 75 YEARS SLF NO. 1725 13. SURESHA - 3 - NC: 2025:KHC:3248 WP No. 820 of 2025 S/O LATE SANNAPPAJI AGED ABOUT 45 YEARS SLF NO. 13320 14. BASAVARAJ S/O LATE SUBBARAYAPPA AGED ABOUT 65 YEARS SLF NO. 23419 15. BASAVARAJU B S/O LATE BASAPPA AGED ABOUT 59 YEARS SLF NO. 21316 16. RAVISHANKAR S/O LATE BOREGOWDA AGED ABOUT 70 YEARS SLF NO. 19627 17. GEETHA W/O RAVISHANKAR AGED ABOUT 60 YEARS SLF NO. 13926 18. SUBRAMANYA S/O NARASIMHA MURTHY AGED ABOUT 55 YEARS SLF NO. 20423 19. DINESH S/O LINGEGOWDA AGED ABOUT 62 YEARS SLF NO.11926 20. GOPALA KRISHNA SHETTY S/O RAJABASAVA SHETTY - 4 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 70 YEARS SLF NO. 6408 21. MUKTHAA D/O LATE NARAYANASWAMY AGED ABOUT 60 YEARS SLF NO. 31626 22. GEETHA D/O LATE NARAYANASWAMY A AGED ABOUT 66 YEARS SLF NO. 35108 23. SHIVAKUMAR M S/O LATE MAHADEVAPPA AGED ABOUT 51 YEARS SLF NO. 35771 24. PUSHPALATHA W/O RAMACHANDRU R AGED ABOUT 48 YEARS SLF NO. 10428 25. MANJUPRASAD P S/O PARAMESHA S N AGED ABOUT 29 YEARS SLF NO.35350 26. NAGESHA S/O ANDANIGOWDA AGED ABOUT 59 YEARS SLF NO. 2527 27. PADMARAJ S/O LATE SHANTHARAJ - 5 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 65 YEARS SLF NO. 9115 28. PUSHPA W/O PARAMESHA S N AGED ABOUT 60 YEARS SLF NO. 11727 29. SOMASHEKAR S/O LATE MAHADEVAPPA AGED ABOUT 60 YEARS SLF NO. 501325 30. ADBUL HALEEM KHAN S/O LATE ABDUL AZEEZ KHAN AGED ABOUT 64 YEARS SLF NO. 226 31. ABHAY S/O SURESH KUMAR H AGED ABOUT 34 YEARS SLF NO. 326 32. ANITHA D/O LATE C.R. NAGARAJU AGED ABOUT 49 YEARS SLF NO. 36029 33. ANITHA W/O KUMAR AGED ABOUT 38 YEARS SLF NO. 34926 34. ARATHI W/O SRINIVAS - 6 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 55 YEARS SLF NO.34876 35. ARUN KUMAR S/O CHANNEGOWDA AGED ABOUT 29 YEARS SLF NO. 34944 36. ARUNA W/O PADMARAJ AGED ABOUT 60 YEARS SLF NO. 34949 37. AYYAPPA SWAMY S/O LATE RAMANNA J AGED ABOUT 51 YEARS SLF NO. 6226 38. BASAVAIAH S/O LATE CHANNAIAH AGED ABOUT 68 YEARS SLF NO. 34977 39. BHARATH S/O LATE NAGAKUMAR AGED ABOUT 65 YEARS SLF NO. 34988 40. BHAT GEETHALAKSHMI, W/O KRISHNRAJ AGED ABOUT 50 YEARS SLF NO. 7726 41. BRAMARAMBAHA W/O MRUTHYUNJAYA - 7 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 50 YEARS SLF NO. 35008 42. BRAMHA PRASHANTH S/O LATE SURENDA KUMAR AGED ABOUT 55 YEARS SLF NO. 35007 43. CHAITRA W/O VINAY GUPTHA, AGED ABOUT 41 YEARS SLF NO. 35015 44. CHAITRA W/O NIKESH R S, AGED ABOUT 38 YEARS SLF NO. 10526 45. CHANDRASHEKAR S/O LATE PUTTABASAVEGOWDA AGED ABOUT 60 YEARS SLF NO. 9226 46. CHANDRASHEKAR S/O LATE BALE SUBBAIAH AGED ABOUT 62 YEARS SLF NO. 35022 47. DARSHAN S/O SADANAND M AGED ABOUT 40 YEARS SLF NO. 35047 48. DEEPAK S/O VENKATASWAMY - 8 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 50 YEARS SLF NO. 35056 49. G N NAGAMANI W/O LATE SUBRAMANYA AGED ABOUT 70 YEARS SLF NO. 182/21 50. GEETHANJALI D/O KARUNAKAR AGED ABOUT 34 YEARS SLF NO. 15026 51. GURUSWAMY S/O LATE CHANNABASAPPA GED ABOUT 60 YEARS SLF NO. 7108 52. HARINAKSHI W/O SHARATH AGED ABOUT 50 YEARS SLF NO. 16526 53. HARSHA S/O UDAY SHANKAR AGED ABOUT 30 YEARS SLF NO. 16726 54. JAGADEESH S/O LATE RAJASHEKHARAIAH AGED ABOUT 64 YEARS SLF NO. 35144 55. KANCHAN W/O JINESH - 9 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 51 YEARS SLF NO. 35174 56. KATHYANI W/O SOMASHEKAR AGED ABOUT 57 YEARS SLF NO. 35189 57. KAVERI D/O SHARATH AGED ABOUT 27 YEARS SLF NO. 35190 58. KAVITHA B T W/O NAGASHAYANA AGED ABOUT 45 YEARS SLF NO . 35192 59. KESHAVAN S/O LATE NEELAKANTAN NAMBISHAN AGED ABOUT 46 YEARS SLF NO. 35201 60. KRISHNARAJA S/O LATE N.V BHAT AGED ABOUT 55 YEARS SLF NO . 22926 61. KUMAR S/O PARASHURAM AGED ABOUT 50 YEARS SLF NO. 35254 62. KUSUMA H S W/O VIJAY KUMAR - 10 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 60 YEARS SLF NO. 35230 63. LATHA M L W/O SUNIL KUMAR AGED ABOUT 45 YEARS SLF NO. 24926 64. LEELAMMA W/O PRABHUSWMAY AGED ABOUT 47 YEARS SLF NO. 35250 65. LEELAVATHI R W/O LATE M.L. RAMESH AGED ABOUT 55 YEARS SLF NO. 25226 66. MAHADEVI, W/O CHANDRASHEKHAR AGED ABOUT 48 YEARS SLF NO. 35290 67. MAHESH RAJE URS S/O LATE SUBBARAJE URS AGED ABOUT 52 YEARS SLF NO. 35296 68. MALLIKA W/O MUDDURAJA M AGED ABOUT 43 YEARS SLF NO. 35315 69. MALLIKARJUNA S/O MALLEGOWDA - 11 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 63 YEARS SLF NO. 15628 70. MANASA U D/O UMESH AGED ABOUT 34 YEARS SLF NO. 35323 71. MANJUNATH C V S/O LATE VENKATASUBBAIAH AGED ABOUT 53 YEARS SLF NO. 30026 72. MEGHARAJ K V S/O LATE VEERAPPA AGED ABOUT 48 YEARS SLF NO. 35364 73. MIHIRA S/O LINGESH AGED ABOUT 28 YEARS SLF NO. 36101. 74. MURALIDHAR S/O LATE NAGAPPA AGED ABOUT 50 YEARS SLF NO. 35374 75. MYNAVATHI P.B W/O NAGARAJA AGED ABOUT 65 YEARS SLF NO. 36108 76. NAGABHUSHAN S/O LATE MAHADEVAPPA - 12 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 58 YEARS SLF NO. 35380 77. NAGALAMBIKA W/O LATE BALAGANGADHARA MURTHY AGED ABOUT 73 YEARS SLF NO. 727 78. NALINA W/O LATE NINGARAJU AGED ABOUT 42 YEARS SLF NO. 36112 79. NAVEEN S/O LATE JAVARAYI GOWDA AGED ABOUT 49 YEARS SLF NO. 36120 80. NETHRAVATHI W/O NINGARAJU AGED ABOUT 42 YEARS SLF NO. 35432 81. NIKHIL S/O KRISHNARAJA AGED ABOUT 25 YEARS SLF NO. 35433 82. NIRMALA W/O MAHESH AGED ABOUT 55 YEARS SLF NO. 35437 83. PADMA W/O VENKATESH - 13 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 63 YEARS SLF NO. 6227 84. PADMINI W/O SANATH KUMAR AGED ABOUT 50 YEARS SLF NO. 35453 85. PAVITHRA W/O JAYASHANKAR J AGED ABOUT 45 YEARS SLF NO. 35465 86. PRADEEP S/O LATE NANJUNDAIAH AGED ABOUT 50 SLF NO. 35061 87. PRADEEP PAWAR S/O LATE SADASHIVARAO AGED ABOUT 65 YEARS SLF NO. 8027 88. PRAKASH SHANKAR S/O LATE NANJAPPA AGED ABOUT 65 YEARS SLF NO. 8327 89. PRASAD B M S/O LATE MALLIKARJUNAPPA AGED ABOUT 64 YEARS SLF NO. 35494 90. PRASAD S/O MOHAN SHANKAR - 14 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 47 YEARS SLF NO. 9827 91. PRASANNA KUMAR C S/O CHANNEGOWDA AGED ABOUT 51 YEARS SLF NO. 35496 92. PRASHANTH S/O MOHAN SHANKAR AGED ABOUT 45 YEARS SLF NO. 35499 93. PRATHEKA NETTAR D/O SUDHAKARA AGED ABOUT 35 YEARS SLF NO. 35506. 94. RAGHAVENDRA PRASAD S/O LATE RAMRAO AGED ABOUT 68 YEARS SLF NO. 35544 95. RAGHURAM S/O NAGARAJ GUPTHA AGED ABOUT 50 YEARS SLF NO. 36146 96. RAMA W/O RANGANATH AGED ABOUT 60 YEARS SLF NO. 36152 97. RAMESH CHAND NOLKA S/O BALACHANDJI - 15 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 55 YEARS SLF NO. 16827 98. REKHA W/O SIDDESH AGED ABOUT 40 YEARS SLF NO. 35631 99. SADANANDA S/O LT MARISWAMY AGED ABOUT 70 YEARS SLF NO. 714 100. SANJANA W/O NIRMITH NITHYANAND AGED ABOUT 30 YEARS SLF NO. 35677 101. SARASWATHI W/O ASHWATH NARAYAN AGED ABOUT 68 YEARS SLF NO .35690 102. SARASWATHI W/O SATHISH R M AGED ABOUT 70 YEARS SLF NO. 12223 103. SAHARADA PRASAD BV S/O VIJAY KUMAR AGED ABOUT 40 YEARS SLF NO. 35726 104. SHIVANAGAPPA S/O LATE SHIVAPPA - 16 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 61 YEARS SLF NO.35777 105. SHRUTHI W/O MANJUNATH AGED ABOUT 43 YEARS SLF NO. 35795 106. SHWETHA M W/O KOTRESH AGED ABOUT 37 YEARS SLF NO. 35802 107. SHWETHA M N W/O KAMALESH KUMAR AGED ABOUT 45 YEARS SLF NO. 35803 108. SIDDESH S/O LT SIDDALINGAIAH AGED ABOUT 45 YEARS SLF NO.35811 109. SMITHA K Y W/O VIKRAM AGED ABOUT 40 YEARS SLF NO. 17923 110. SOMESHA S/O LT BASAVANNA AGED ABOUT 57 YEARS SLF NO. 35822 111. SRINIVASA S/O LT SHESHAGIRIRAO - 17 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 58 YEARS SLF NO. 35836 112. SRUSTHI P G D/O GURUMURTHY P AGED ABOUT 32 YEARS SLF NO. 36192 113. SUDHA M S W/O L SOMANNA AGED ABOUT 54 YEARS SLF NO. 35854 114. SUDHAKAR S/O LT RAMACHANDRA SHETTY AGED ABOUT 59 YEARS SLF NO. 35855 115. SUJATHA W/O MALLIKARJUNASWAMY AGED ABOUT 53 YEARS SLF NO.36198 116. SUJATHA H M W/O LT JAUYAKUMAR AGED ABOUT 63 YEARS SLF NO. 36197 117. SUNANDA S/O SEENA SHETTY AGED ABOUT 69 YEARS SLF NO. 35871 118. SUNTIHA W/O HEMALATHA - 18 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 55 YEARS SLF NO. 33327 119. SURESHKUMAR S/O LT HEMACHAND JAIN AGED ABOUT 63 YEARS SLF NO. 33927 120. SURYA NAGARAJ, S/O SHARATH AGED ABOUT 25 YEARS SLF NO. 35897 121. TEJAS S/O LATE KUMAR, AGED ABOUT 27 YEARS SLF NO. 35911 122. THABITHA W/O PRASHANTH AGED ABOUT 45 YEARS SLF NO. 36204 123. THANUJA W/O ANIL KUMAR AGED ABOUT 55 YEARS SLF NO. 35908 124. UJJWAL S/O SUNDAR AGED ABOUT 43 YEARS SLF NO. 35924 125. VEDA W/O CHANDRASHEKAR - 19 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 45 YEARS SLF NO. 35957 126. VEDALAKSHMI W/O RAVI N AGED ABOUT 40 YEARS SLF NO. 35955 127. VENKATESH S/O LATE SUBBAIH AGED ABOUT 65 YEARS SLF NO. 35970 128. VIDYAVATHI W/O MALLIKARJUNA AGED ABOUT 51 YEARS SLF NO. 34967 129. HEMA B P W/O SHRAVAN AGED ABOUT 47 YEARS SLF NO. 35129 130. PUSHPA W/O SWAMY AGED ABOUT 57 YEARS SLF NO. 502906 131. USHA W/O NAGENDRASWMAY AGED ABOUT 62 YEARS SLF NO. 36211 132. NAGENDRASWAMY, S/O LATE BASAVANNA - 20 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 71 YEARS SLF NO. 35390 133. DEVANANDA S/O MAHADEVAPPA AGED ABOUT 60 YEARS SLF NO. 36046 134. VINUTHA RAGHURAM W/O RAGHURAM AGED ABOUT 44 YEARS SLF NO. 36223 135. SIDDARAJU S/O LATE SADASHIVAIAH AGED ABOUT 71 YEARS SLF NO. 29027 136. SUDHAKARA N S/O LATE N.V BHAT, AGED ABOUT 60 YEARS SLF NO. 31627 137. ASHA W/O SUDHAKAR AGED ABOUT 54 YEARS SLF NO. 5426 138. SATHISH S/O LT NV BHAT AGED ABOUT 58 YEARS SLF NO. 24427 139. VINAYA S N W/O SATHISH - 21 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 50 YEARS SLF NO. 4228 140. VINAY GUPTHA W/O LATE PRASANNA GUPTA AGED ABOUT 50 YEARS SLF NO. 26923 141. SAVITHRI V W/O SRI. VAJRAVELU AGED ABOUT 59 YEARS SLF NO. 35708 142. KARTHIK V S/O SRI. VAJRAVELU AGED ABOUT 35 YEARS SLF NO. 207/26 143. MANJUPRASAD P S/O PARAMESHA S.N AGED ABOUT 29 YEARS SLF NO. 35350 144. NAGESHA S/O ANDANIGOWDA AGED ABOUT 59 YEARS SLF NO. 2527 145. PADMARAJ S/O LATE SHANTHARAJ S P AGED ABOUT 65 YEARS SLF NO. 9115 146. PUSHPA W/O PARAMESHA S.N - 22 - NC: 2025:KHC:3248 WP No. 820 of 2025 AGED ABOUT 60 YEARS SLF NO. 11727 147. SOMASHEKAR S/O LATE MAHADEVAPPA AGED ABOUT 60 YEARS SLF NO. 501325 PETITIONES NO.1 TO 147 ARE THE MEMBERS OF THE MYSORE MERCHANT CO-OPERATIVE BANK LTD, MYSORE - 570 001. …PETITIONERS (BY SRI. PATIL SUMANTH KUMAR S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 01, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR, TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE DISTRICT, MYSORE - 570 001. 4. THE MYSORE MERCHANT CO-OPERATIVE BANK LTD., MYSORE PALACE, JAGANMOHANA PALACE ROAD, MYSORE - 570 001, REPRESENTED BY ITS CEO / SECRETARY - 23 - NC: 2025:KHC:3248 WP No. 820 of 2025 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 5. VASANTHKUMAR S, RETURNING OFFICER, THE MYSORE MERCHANT CO-OPERATIVE BANK LTD., MYSORE - 570 001. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. NATARAJ C.D, ADVOCATE FOR R4) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE 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.4 AND ALSO TO CONTEST IN THE ELECTION, WHICH IS SCHEDULED TO BE HELD ON 19.01.2025 AS PER ANNX-A AND ETC., 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 - 24 - NC: 2025:KHC:3248 WP No. 820 of 2025 ORAL ORDER Petitioners 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.4-Bank, 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.4-Bank 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: - 25 - NC: 2025:KHC:3248 WP No. 820 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.– - 26 - NC: 2025:KHC:3248 WP No. 820 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. - 27 - NC: 2025:KHC:3248 WP No. 820 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; - 28 - NC: 2025:KHC:3248 WP No. 820 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 - 29 - NC: 2025:KHC:3248 WP No. 820 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 - 30 - NC: 2025:KHC:3248 WP No. 820 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.” - 31 - NC: 2025:KHC:3248 WP No. 820 of 2025 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.4-Bank and attended all the annual general body meetings, in spite of which respondent No.4-Bank 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.4-Bank. 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 - 32 - NC: 2025:KHC:3248 WP No. 820 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 - 33 - NC: 2025:KHC:3248 WP No. 820 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: - 34 - NC: 2025:KHC:3248 WP No. 820 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 - 35 - NC: 2025:KHC:3248 WP No. 820 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. - 36 - NC: 2025:KHC:3248 WP No. 820 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 - 37 - NC: 2025:KHC:3248 WP No. 820 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 - 38 - NC: 2025:KHC:3248 WP No. 820 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.4-Bank and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 39 - NC: 2025:KHC:3248 WP No. 820 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.4- Bank. 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.: 50 CT: BHK