- 1 - NC: 2025:KHC:6674 WP No. 1766 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.1766 OF 2025 (CS-EL/M) BETWEEN: DAVANAGERE & HARIHARA DIVISION KEB EMPLOYEES CREDIT-CO-OPERATIVE SOCIETY REGD. UNDER KARNATAKA CO-OP SOCIETIES ACT DAVANAGERE TALUK, DAVANAGERE-577001. REPT. BY ITS SECRETARY SRI SANJEEVKUMAR K. PATIL S/O. KOTRESHAPPA, AGED ABOUT 47 YEARS. ... PETITIONER (BY SRI SIRI RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. KHB ROAD, BENGALURU - 560027 REPT. BY ITS CHAIRMAN. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6674 WP No. 1766 of 2025 3. RETURNING OFFICER DAVANAGERE & HARIHARA DIVISION KEB EMPLOYEES CREDIT-CO-OPERATIVE SOCIETY LTD. DAVANAGERE, HADADI ROAD, DAVANAGERE-577005. 4. ELECTION OFFICER CO-OP ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR TTMC, ‘A’ BLOCK, KENGAL HANUMANTHAIAH RD, RAJA RAM MOHANROY EXTENSION, SHANTI NAGAR, BENGALURU, KARNATAKA-560027. ... RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO PERMIT THE PETITIONER MEMBERS DETAILED IN THE IN-ELIGIBLE LIST AS PER ANNEXURE-A & B TO CONTEST/VOTE IN THE ENSUING ELECTIONS TO THE SOCIETY WHICH IS SCHEDULED ON 08/02/2025 VIDE, DATED 26/11/2024, NO.SACHUPRAA/ JUM.NI/DAA.JI/AAMANCHU-R1AANE/23/2024-25 AS PER ANNEXURE-C. 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 - 3 - NC: 2025:KHC:6674 WP No. 1766 of 2025 ORAL ORDER The petitioner is a Society seeking for the following prayers : “A) Permit the Petitioner members detailed in the in-eligible list as per Annexure-A & B to contest/vote in the ensuing elections to the society which is scheduled on 08/02/2025 vide, dated 26/11/2024, No.SACHUPRAA/JUM.NI/DAA.JI/AAMANCHU- R1AANE/ 23/2024-25 as per Annexure-C; and B) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity.” 2. The petitioner is a Credit Co-operative Society registered under the Karnataka Cooperative Societies Act 1959, (Act for short) and being regulated under the provisions of the said Act. 3. The petitioner - Society is aggrieved by the non -inclusion of the majority of its members while conducting elections for 2025-2030 for non-attending of three - 4 - NC: 2025:KHC:6674 WP No. 1766 of 2025 meetings. It is stated owing to the outbreak of Covid-19 Pandemic all the activities of the State was halted. The petitioner - Society had managed to conduct AGM, however on account of restrictions in travelling the members could not attend the meeting and non participation is not deliberate. The meeting held by the Society through video conferencing the members due to lack of knowledge of technology or account of not having effective mode had not participated. 4. The non attending of the meeting by the members was on account of Covid-19 Pandemic. This Court by way of an interim arrangement permitted the members of the petitioner Society who are included in the ineligible voters list to vote in the elections that was scheduled on 08.02.2025. 5. 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 - 5 - NC: 2025:KHC:6674 WP No. 1766 of 2025 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 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 vote cast by the petitioner members detailed in Annexure A and B and announce the results of the election, which was scheduled on 08.02.2025. 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, 1 2022 (4) AKR 775 - 6 - NC: 2025:KHC:6674 WP No. 1766 of 2025 questioning the eligibility of the members to vote in the election to the Board of the respondent – 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 petitioner would not give any finding on the eligibility of the members to vote in the election of the Board of respondent – society. iv. The eligibility of the members 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 members to vote in the election to the Board of the society is raised, the effect of holding the members 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 vote cast shall be kept in a separate sealed box after counting. - 7 - NC: 2025:KHC:6674 WP No. 1766 of 2025 vii. This Court has not expressed any merits or demerits of the ineligibility. Sd/- JUSTICE K.S. HEMALEKHA YKL List No.: 1 Sl No.: 93