- 1 - NC: 2025:KHC:6655 WP No. 995 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 995 OF 2025 (CS-EL/M) BETWEEN: SRI. H.K. PRADEEP, AGED ABOUT 60 YEARS, S/O LATE KARIGOWDA, RESIDING AT NO.209, 4TH 'A' CROSS, JAKKUR LAYOUT, BENGALURU - 560 064. …PETITIONER (BY SRI. SIDDHARTHA D.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHI NAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DISTRICT ELECTION OFFICER, SAHAKARA SOUDHA, NO.146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6655 WP No. 995 of 2025 BENGALURU - 560 003. 4. RETURNING OFFICER BYATARAYANAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BELLARY ROAD SHAKARA NGARA POST BYATARAYANAPURA, BENGLAURU - 560 092. 5. BYATARAYANAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1956, REGN NO.DRB/RGN/S/322/1076-77 AT BELLARY ROAD, SAHAKARA NAGARA POST, BYATARAYANAPURA, BENGALURU - 560 092, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. DODAKALANDAR T, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LIST OF MEMBERS INELIGIBLE TO VOTE DATED NIL BEARING NO. NIL AT ANNX-E SO FAR AS THE PETITIONER IS CONCERNED AND THEREBY PERMIT THE PETITIONER TO VOTE IN THE ELECTIONS TO THE MANAGING COMMITTEE OF THE R-5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 19.01.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:6655 WP No. 995 of 2025 ORAL ORDER The petitioners are seeking for the following prayers:- "a)Issue a writ in the nature of certiorari quashing the list of members ineligible to vote dated Nil bearing No. Nil at annexure-‘E’ so far as the Petitioner is concerned and thereby, permit the Petitioner to vote in the elections to the Managing Committee of the Respondent No.5 Society which is scheduled to be held on 19.01.2025, in the interest of justice and equity; b) Issue a writ in the nature of certiorari quashing the list of members eligible to vote dated Nil bearing No.Nil at Annexure-‘F’ so far as it excludes the name of the Petitioner and thereby permit the Petitioner to vote in the elections to the Managing Committee of the Respondent No5 Society which is scheduled to be held on 19.01.2025, in the interest of justice and equity. c) Strike down Sections 20(2)(a-iv) and 20(2)(a-v) of the Karnataka Co-operative Societies Act, 1959 (Karnataka Act No.3 of 2013) as unconstitutional and violative of Article 14 of the Constitution of India, 1950 at Annexure ‘G’ to the wit petition. - 4 - NC: 2025:KHC:6655 WP No. 995 of 2025 d) Grant such other relief/s or direction or order as this Hon’ble Court deems fit in the interest of justice and equity.” 2. This Court by way of an interim arrangement on 17.01.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 19.01.2025 subject to final outcome of this petition. 3. Heard Sri Siddhartha D.K., learned counsel for the petitioners, Sri. Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Dadakalandar. T., learned counsel for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 19.01.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents - 5 - NC: 2025:KHC:6655 WP No. 995 of 2025 have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 6. Learned counsel for respondent No.5-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be 1 2022 (4) AKR 775 - 6 - NC: 2025:KHC:6655 WP No. 995 of 2025 adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 19.01.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent No.5– Society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioners would not give any finding on the eligibility - 7 - NC: 2025:KHC:6655 WP No. 995 of 2025 of the petitioners to vote in the election of the Board of respondent No.5– Society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent No.5-Society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The votes cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 41