- 1 - NC: 2025:KHC:3395 WP No. 1712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1712 OF 2025 (CS-EL/M) BETWEEN: 1. RAGHAVENDRA, S/O MANJEGOWDA, AGED ABOUT 32 YEARS, MEMBERSHIP NO.916. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 2. B S SOMASHEKARA, S/O SANJEEVAPPA, AGED ABOUT 44 YEARS, MEMBERSHIP NO. 261. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 3. NATARAJU B.V, S/O VENKATASWAMAPPA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.272. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3395 WP No. 1712 of 2025 BOMMAVARA VILLAGE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 4. B.K DINAKAR, S/O H KRISHNAPPA, AGED ABOUT 62 YEARS, MEMBERSHIP NO.205. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 5. RAVI KUMAR, S/O VENKATARAMAPPA, AGED ABOUT 48 YEARS, MEMBERSHIP NO.615. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 6. B R SRINIVASA, S/O RANGANATH RAO, AGED ABOUT 50 YEARS, MEMBERSHIP NO.573. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 7. THIRUMALESH, S/O CHIKKAPAPAIAH, AGED ABOUT 35 YEARS, - 3 - NC: 2025:KHC:3395 WP No. 1712 of 2025 MEMBERSHIP NO.1145. MEMBERS OF BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKARVEEDHI, 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, DISTRICT ADMINISTRATIVE BHAVANA, BEERASANDRA VILLAGE, DEVANAHALLI TALUK BENGALURU RURAL DISTRCT - 562 110. 4. RETURNING OFFICER, BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 5. BOMMAVARA MULTIPURPOSE PRIMARY RURAL AGRICULTURE COOPERATIVE SOCIETY LTD, - 4 - NC: 2025:KHC:3395 WP No. 1712 of 2025 BOMMAVARA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR R-1, R-3 & R-4., AGA; SRI.T.L.KIRANKUMAR., FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING CALENDAR OF EVENTS DATED 04-01-2025 PRODUCED AT ANNEXURE-H ISSUED BY THE R4 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking to quash the calendar of events published on 04.01.2025 at Annexure-H, issued by respondent No.4 and a writ of mandamus directing respondent Nos.2, 3 and 4 to hold and conduct the elections to respondent No.5 in strict compliance of Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (‘KCS Rule-1960’ for short). - 5 - NC: 2025:KHC:3395 WP No. 1712 of 2025 2. Heard the learned counsel appearing for the petitioners and learned counsel appearing for the respondents-State and perused the material on record. 3. Learned counsel for the petitioners would urge that the Society had included certain members in the ineligible list, however, without there being any objections raised by the ineligible members, the ineligible members are included in the eligible voters list and as such, the entire process of the election has been initiated making these petitioners to challenge the calendar of events published on 04.01.2025. 4. Learned AGA brings to the notice of this Court that the ineligible voters had approached this Court in W.P.No.1872/2025, and this Court by an interim arrangement permitted the petitioners to cast the votes to the elections of the managing committee of the respondent-Society, which was scheduled to be held on 27.01.2025. The grounds urged by the petitioners are about an electoral process which has already been set - 6 - NC: 2025:KHC:3395 WP No. 1712 of 2025 under way. The Apex Court in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another Vs. State of Maharashtra and others1 (Sant Sadguru) has analysed the scheme of the Maharashtra co-operative societies Rules concerning with the preparation of the electoral roll and the process of filling objections to the ineligible voter’s list and held that the preparation of the electoral roll is also an intermediate stage in the election. 5. The calendar of events having been published and the elections being scheduled on 27.01.2025, the question raised by the petitioners is a disputed question of facts, which cannot be interfered with by this Court under Article 226 of the Constitution of India. There is an alternative and efficacious remedy available to the petitioners to approach the appropriate forum in accordance with law under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for 1 (2001) 8 SCC 509 - 7 - NC: 2025:KHC:3395 WP No. 1712 of 2025 short), where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of. 6. For the forgoing reasons, the writ petition is dismissed as devoid of merits. Sd/- JUSTICE K.S. HEMALEKHA AMA List No.: 1 Sl No.: 18