- 1 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2418 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 2726 OF 2025 (CS-EL/M) IN WP No. 2418/2025 BETWEEN: 1. C N RAVI S/O LATE C.P.NINGEGOWDA AGED ABOUT 48 YEARS R/O CHITTANAHALLI KANDAGALA POST, PERIYAPATNA TALUK MYSORE DISTRICT-571107 2. SMT. RATNAMMA W/O RAJEGOWDA, AGED ABOUT R/AT HEMMIGE GRAMA, KANDEGAALA POST, RAVANDUR HOBALI, PERIYAPATNA TALUK MYSORE DISTRICT-571107 …PETITIONERS (BY SRI. MAHAMAD TAHIR A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA BANGALORE-560001 REP BY ITS SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1 ALI ASKER ROAD BANGALORE-560052. 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H.ROAD,SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MYSORE DISTRICT-571125 5. THE RETURNING OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., CHITTANAHALLI PERIYAPATNA, MYSORE DIST-571125 A SOCIETY REGISTERED UNDER KARNATAKA CO-OP SOCIETIES ACT-1959. 6. PRIMARY AGRICULTURE CREDIT SOCIETY CHITTENAHALLI, PERIYAPATNA TALUK MYSORE DISTRICT-57 REPRESENTED BY ITS CEO A SOCIETY REGISTERED UNDER KARNATAKA CO-OP SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R2, R4 & R5 SRI. T L KIRAN KUMAR, ADVOCATE FOR R3 SRI. SANDESH T B, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 AND 5 TO CONDUCT THE ELECTION BEFORE THE TERM OF THE BOARD OF R6 SOCIETY EXPIRES i.e. 02.02.2025, DIRECT THE RESPONDENTS TO CONTINUE THE PRESENT BOARD IN ACCORDANCE WITH THE NOTIFICATION DTD. 05.06.2024 CO 34CLM 2024 VIDE ANNX-E TILL THE ELECTIONS ARE HELD AND ETC. - 3 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 IN WP NO. 2726/2025 BETWEEN: SRI C K RANGASWAMY SON OF LATE KARIAIAH, AGED ABOUT 53 YEARS, RESIDING AT CHANNEAHALLI VILLAGE, KASABA HOBLI PERIYAPATNA TALUK, MYSURU DISTRICT 571107 ...PETITIONER (BY SRI. PUNITH C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, BENGALURU 560 001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE 560052 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, SHANTHINAGAR, BANGALORE 560027 REPRESENTED BY ITS SECRETARY 4. THE DEPUTY REGISTRAR AND ALSO THE DISTRICT ELECTION OFFICER, DEPARTMENT OF COOPERATIVE SOCIETIES, SAYYAJI ROAD, MYSURU 570001 5. THE COOPERATIVE DEVELOPMENT OFFICER/ THE RETURNING OFFICER OF VIVDODESHA PRATHMIKA GRAMINA KRUSHI SHAKARA SANGHA NIYAMITHA, CHITTENAHALLI, PERIYAPATNA TALUK, MYSURU 571107 - 4 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 6. THE VIVDODESHA PRATHMIKA GRAMINA KRUSHI SHAKARA SANGHA NIYAMITHA, CHITTENAHALLI, PERIYAPATNA TALUK, MYSURU -571107 REPRESENTED BY IT SECRETARY. 7. THE CHIEF EXECUTIVE OFFICER, VIVDODESHA PRATHMIKA GRAMINA KRUSHI SHAKARA SANGHA NIYAMITHA, CHITTENAHALLI, PERIYAPATNA TALUK, MYSURU -571107 8. SRI. RAJEGOWDA, SON OF LAKKEGOWDA, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 9. SRI. SHIVALINGA, SON OF T.N.NINGEGOWDA, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 10. SRI.MAHADEVA.P.M, SON OF MALAGAIAH, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 11. SMT. KUSUMA, WIFE OF VINOD KUMAR, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 12. SRI VENKATESH, SON OF VENKATARAMAIAH, AGED MAJOR RESIDING AT PERIYAPATNA TOWN AND TALUK, - 5 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 MYSURU DISTRICT 571107 13. SMR. RATHNAMMA, WIFE OF KRISHNAMURTHY, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 14. SRI. RAVI, SON OF GOVINDAPPA, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 15. SMT GEETHA WIFE OF RAVI, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 16. SRI.H.P.VENKATESH SON OF PUTTEGOWDA, AGED MAJOR, RESIDING AT PERIYAPATNA TOWN AND TALUK, MYSURU DISTRICT 571107 17. SMT. MAYAMMA, WIFE OF RAJEGOWDA, AGED MAJOR, RESIDING AT UPPARAGERE VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 18. SMT.KEMPALAKKAMMA WIFE OF SUBBAIAH, AGED MAJOR, RESIDING AT UPPARAGERE VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 19. SMT SAVITHA, WIFE OF PARAMESH, - 6 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 AGED MAJOR, RESIDING AT UPPARAGERE VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 20. SRI. MALLARAM SON OF HAJIRAMJI, AGED MAJOR, RESIDING AT UPPARAGERE VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 21. SRI.MANJU, SON OF JAVARAPPA, AGED MAJOR RESIDING AT PERIYAPATNA TOWN, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 22. SRI. VENKATESH SON OF P.M.MALLANNA, AGED MAJOR RESIDING AT PERIYAPATNA TOWN, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 23. SMT. MAYAMMA, WIFE OF KALSEGOWDA, AGED MAJOR, RESIDING AT UPPARAGERE VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT 571107 ...RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R2, R4 & R5 SRI. T L KIRAN KUMAR, ADVOCATE FOR R3 SRI. SANDESH T B, ADVOCATE FOR R7) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD. 09.01.2025 VIDE REFERENCE NO. UNIMY/C9/RIANE- AMMO/CR/279/2024-25 AS PER ANNX-B PASSED BY THE R-4 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. In WP.No.2418/2025 the petitioners are before this Court seeking for the following reliefs: “Wherefore, it is prayed that this Hon’ble Court be pleased to call for records and issue: a) Issue a writ of mandamus directing the Respondent Nos.4 and 5 to conduct the election before the term of the board of respondent No.6 Society expires i.e on 02.02.20205. b) Issue a writ of mandamus directing the respondents to continue the present board in accordance with the notification dated 05.06.2024 CO 34CLM 2024 vide Annexure-E till the elections are held. c) Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.” 2. In WP.No.2426/2025 the petitioner is before this Court seeking for the following reliefs: “Wherefore, the petitioner most humbly and respectfully prays that this Hon’ble Court may be pleased to: a) Issue Writ of Certiorari quashing, order dated 09.01.2025 vide reference No. Unimy/C9/Riane- ammo/Cr/279/2024-25 as per Annexure-B passed by the respondent No.4. b) Issue writ of mandamus directing the respondent No.4 and 5 to consider the representations dated 20.01.2025 of the petitioner as per Annexure F1 and F2; and - 8 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 c) To pass any other order as this Hon’ble Court deems fit in the facts and circumstances of the case.” 3. The notice to unserved respondent Nos.12, 15, 16, 21 and 22 in WP.No.2726/2025 is dispensed with, in view of the proposed order to be passed. 4. The submission of learned counsel Sri. Punith C, appearing for the petitioner in WP.No.2726/2025 was that respondent Nos.8 to 23 are not bona fide members of respondent No.7 - Society, they are not residents within the area of operation of respondent No.7 - Society and they have never been admitted into membership of respondent No.7 - Society. It is in that background that learned counsel Sri Sandesh TB appearing for respondent No.7 - Society was called upon to place on record the documents under which respondent Nos.8 to 23 were inducted as members of the respondent No.7 - Society. 5. The statement of objection had been filed on 28.02.2025 enclosing certain documents. The said documents indicated that respondent Nos.10, 12, 13, 14, 15, 16, 20 - 9 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 and 22 had been inducted as membership as per the documents produced therein. 6. Today a memo dated 08.04.2025 has been placed on record indicating that respondent Nos.8, 9, 11, 17, 18, 19, 21 and 23 have been inducted as members of respondent No.7 – Society. These documents ex-facie would indicate the membership of respondent Nos.8 to 23, thus negativing the contention of learned counsel Sri.Punith C, appearing for the petitioner that they are not members of the Society. 7. Further submission of Sri.Punith C, appearing for the petitioner is that the list of ineligible members has not been published 180 days prior to the holding of election in terms of Rule 13 D(2)(A)(1) of the Karnataka Co- operative Society Rules, 1960 (hereinafter refer to as ‘KCS Rules’). On enquiry as to whether the petitioner is a eligible or ineligible voter, he submits that the petitioner is an eligible vote. If that be so, the petitioner cannot have any grievance as regards the publication or the date of publication of the list of ineligible voters. - 10 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 8. In that view of the matter, the reliefs which have been sought for in WP.No.2726/2025 are not sustainable insofar as WP.No.2418 of 2025 is concerned what has been sought for is a mandamus directing respondent Nos.4 and 5 to conduct the election of the Society. 9. Learned AGA was called upon to make enquiry and make a submission as to by when the elections could be completed. 10. Today, on instructions he submits that election could be completed within a period of 30 - 40 days from the date of receipt of a copy of this order. 11. In that view of the matter, I proceed to passed the following: ORDER i. The WP.No.2726/2025 stands dismissed. ii. The WP.No.2418/2025 is allowed. iii. Respondent Nos.4 and 5 are directed to complete the election process of the Primary Agriculture Credit Society, Channenahalli Village, Kasaba Hobli, Periyapatana Taluk, Musuru District, within a period of 50 days from date of - 11 - NC: 2025:KHC:15082 WP No. 2418 of 2025 C/W WP No. 2726 of 2025 receipt of a copy of this order at any rate before 28.05.2025. SD/- (SURAJ GOVINDARAJ) JUDGE PNV List No.: 2 Sl No.: 16