- 1 - NC: 2025:KHC:4896 WP No. 936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 936 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. MAHADEVA SWAMY, S/O LATE SHIVANNA, AGED ABOUT 58 YEARS 2. SRI. RAGHAVA M. GOWDA S/O MAHADEVA SWAMY, AGED ABOUT 31 YEARS 3. SRI. SHIVU M. GOWDA, S/O MAHADEVA SWAMY AGED ABOUT 30 YEARS, THE PETITIONER NO.1 TO 3 ARE RESIDING AT NO. 2280/6, 6TH MAIN ROAD, VINAYAKA NAGAR, MYSORE -570 012. 4. SRI. M.V. NAGESH GOWDA, S/O LATE VENKATE GOWDA, AGED ABOUT 87 YEARS, 5. SRI. SREEDHAR M.N. S/O NAGESH GOWDA, AGED ABOUT 50 YEARS, 6. SRI. M.N. VENKATESH S/O NAGESH GOWDA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4896 WP No. 936 of 2025 AGED ABOUT 52 YEARS. 7. SRI. RAMANNA M.N. S/O NAGESH GOWDA, AGED ABOUT 56 YEARS, THE PETITIONER NO.4 TO 7 ARE RESIDING AT MALLAHALLI, VARUNA HOBLI, GANAPATHI DEVARU MAIN ROAD, HOBLI, HAROHALLI POST, MYSORE - 570 012. 8. SMT. SHARDHA, W/O SANNASWAMY GOWDA, AGED ABOUT 50 YEARS, NO. 91, 20TH MAIN ROAD, 9TH PHASE, VIJAYANAGAR, MYSORE - 560 017. 9. SMT. HEMAVATHI, W/O LATE KRISHANA, AGED ABOUT 57 YEARS, NO. 2349, 5TH MAIN, VIJAYANAGAR, MYSORE - 560 017. …PETITIONERS (BY SRI. SHANTAKUMAR K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDINGS, AMBEDKAR VEEDI, BANGALORE - 560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, - 3 - NC: 2025:KHC:4896 WP No. 936 of 2025 SAYAJI RAO ROAD, MYSORE - 570 024. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE PRANTHA, PUBLIC OFFICE BUILDINGS, SAYAJI RAO ROAD, MYSORE - 570 024. 4. THE RETURNING OFFICER CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NAZARBAD MOHALLA, MYSORE- 570 010. 5. THE CHIEF EXECUTIVE OFFICER, MYSORE TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NAZARBAD MOHALLA, MYSORE - 570 010. 6. THE CO-OPERATIVE ELECTIONS COMMISSION, 3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, K. H. ROAD, BANGALORE - 560 0027, BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 23.09.2024 IN NO. 62/24- 25 ISSUED BY THE R-5 VIDE ANNX-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:4896 WP No. 936 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers: "a) Issue Writ in the nature certiorari to quash the impugned endorsement dated 23.09.2024 in No.62/24-25 issued by the respondent No.5 vide Annexure-F. b) Issue a writ in the nature of mandamus or direction, direct the respondent No.2 to 5 to consider enhanced share amount deposited by the petitioners is within the prescribed time as per the provisions of law." 2. This Court, by way of interim arrangement on 16.01.2025, permitted the petitioner Nos.1 to 4 to contest and other petitioners to cast their votes in the ensuing elections scheduled to be held on 02.02.2025 to the Board of Directors of respondent No.5-Society subject to the final outcome of this writ petition. 3. Heard Sri. Shathkumar K.C., learned counsel for the petitioners, Sri. Yogesh D. Naik., learned AGA for respondent Nos.1 and 4, Sri. T. L. Kiran Kumar, learned counsel for respondent No.6 and though respondent No.5 served with the notice, society has chosen to remain absent. - 5 - NC: 2025:KHC:4896 WP No. 936 of 2025 4. Learned counsel for the petitioners submits that respondent No.5-Society passed a resolution directing the members of the society to pay an additional share amount of Rs.500/- to be paid on or before Annual General Body Meeting-2023-24. It is submitted that the petitioners have paid the additional share amount, which is produced at Annexures-A, B, B1 to B7, in spite of which, respondent No.5-Society has not included the name of the petitioners either in the eligible list or the ineligible list. 5. The impugned endorsement at Annexure-F while considering the representation of the petitioners states that no members are excluded from the voters list maliciously and the petitioners who sought to include their names will not be included in draft voters list (holding Rs.500/- shares). 6. Learned counsel for the petitioners submits that the petitioners were enrolled as members in the respondent No.5-society long back and they are regularly participating and contesting election and by the impugned - 6 - NC: 2025:KHC:4896 WP No. 936 of 2025 endorsement they were restrained from contesting and voting in the election. The society has remained absent though served with notice and there is no rival contention available and hence the following; ORDER i. Writ petition is disposed of. ii. The Returning Officer shall count the votes cast in the elections held on 02.02.2025 to the Board of Directors of respondent No.5-Society and shall announce the results. iii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing an Election Petition under Section 70(2) of the KCS Act, 1959. iv. 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 - 7 - NC: 2025:KHC:4896 WP No. 936 of 2025 ineligible voters list and impact of the election to the Board of respondent No.5-Society. v. All contentions of the parties are kept open. vi. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 15 CT: BHK