- 1 - NC: 2025:KHC:9909 WP No. 1590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1590 OF 2025 (CS-EL/M) BETWEEN: 1. MULLAHALLI MILK PRODUCERS CO-OP SOCIETY LTD., MULLAHALLI VILLAGE ATHAGUR HOBLI, MADUR TALUK, MANDYA DISTRICT-571419 REPTED BY ITS SECRETARY. 2. MILK PRODUCERS CO-OP SOCIETY LTD., GOWDAYYANADODDI VILLAGE MADUR TALUK, MANDYA DISTRICT-571422 REPTED BY ITS SECRETARY. 3. MUDUGERE MILK PRODUCERS CO-OP SOCIETY LTD., MUDUGERE VILLAGE MADDUR TALUK, MANDYA DISTRICT-571429 REPTED BY ITS CHIEF EXECUTIVE OFFICER 4. DUNDANAHALLI MILK PRODUCERS CO-OP SOCIETY LTD., DUNDANAHALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 REPTED BY CHIEF EXECUTIVE OFFICER. 5. MILK PRODUCERS WOMEN CO-OP SOCIETY LTD., ANEDODI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571425 REPTED BY ITS CHIEF EXECUTIVE OFFICER. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9909 WP No. 1590 of 2025 6. KIRANGURU MILK PRODUCERS WOMEN CO-OP SOCIETY LTD., KINRAGURU VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571425 REPTED BY CHIEF EXECUTIVE OFFICER. (PETITIONERS ARE REGISTERED UNDER KCS ACT 1959). …PETITIONERS (BY SRI. P ANAND.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKATA M.S. BUILDING DR. B.R.AMBEDKAR VEEDHI BENGALURU-01 REPTED BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR T.T.M.C. A BLOCK SHANTHI NAGAR, BANGALORE-27 REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY COMMISSIONER/DISTRICT ELECTION OFFICER/RETURNING OFICER MANDYA DISTRICT, MANDYA-577501 4. 5. THE MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., GEJJALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571428 REPRESENTED BY ITS MANAGING DIRECTOR. (REGISTERED UNDER KCS ACT 1959). THE RETURNING OFFICER MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., GEJJALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT-577501. …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1, R3 & R5; - 3 - NC: 2025:KHC:9909 WP No. 1590 of 2025 SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. B.L. SANJEEV., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R2 TO R4 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE ELECTION TO THE R4 WHICH IS SCHEDULED TO BE HELD ON 02/02/2025. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R2 to R4 to include the name of the petitioners in the eligible voter list and permit the petitioners to cast their votes in the elections to the R4 which is scheduled to held on 02.02.2025 in the interest of justice and equity. b. Issue writ of certiorari quashing the order dated 26.07.2024 passed by the R3 produced at Annexure-E. c. Pass such other direction or order in the writ as may deem fit to this Hon’ble Court may kindly be issued. - 4 - NC: 2025:KHC:9909 WP No. 1590 of 2025 2. The grievance of the petitioner is that the objections had been submitted by the petitioner in pursuance of a notice issued under clause (ii) of Sub-Rule 2A of Rule 13 of Karnataka Co-operative Societies Rules, 1960 and the same had not been considered properly. As regards which, the petitioner had also filed an appeal before the Deputy Commissioner who has considered and passed the order on 26.7.2024 holding that the petitioners to be ineligible. 3. A detailed analysis of the facts having been made by the Deputy Commissioner and on facts it has been found that the petitioners are ineligible members, I am of the considered opinion that the said finding on fact cannot be disturbed in the present proceedings. As such, no grounds being made out, the petition stands dismissed. 4. Respondent No.5 is directed to count the votes excluding that of the petitioners and declare the results of the elections within seven days from the - 5 - NC: 2025:KHC:9909 WP No. 1590 of 2025 date of receipt of copy of this order subject to there being no other order injuncting such declaration. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 92