- 1 - NC: 2025:KHC:3528 WP No. 1814 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.1814 OF 2025 (CS-EL/M) BETWEEN: 1. MANJUNATHA G.V. S/O. VENKATARAMAPPA, AGE: 42 YEARS, 2. SMT. ASHWATHAMMA W/O. RAMAKRISHNA, AGE: 57 YEARS, 3. RAJANNA G.C. S/O. CHIKKAVEERANAGOWDA, AGE: 57 YEARS, 4. SMT. CHANDRAMMA @ CHANDRIKALAKSHMI W/O. RAMAKRISHNAPPA .N AGE: 52 YEARS, OCCUPATION OF PETITIONERS: AGRICULTURE, ALL ARE R/AT GANTAGANAHALLI, YELAHANKA HOBLI AND TALUK, BENGALURU – 560 064. ... PETITIONERS (BY SRI HALLUR SHIVAYOGI BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY IT’S PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION M.S. BUILDING, 6TH FLOOR, BENGALURU – 560 001. Email.ID:prs-coop@karnataka.gov.in Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3528 WP No. 1814 of 2025 2. CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS SECRETARY 2ND FLOOR, SHANTI NAGAR, T.T.M.C. A BLOCK, SHANTHINAGAR, BENGALURU – 560 027. Email.ID:coeckarnataka@gmail.com 3. THE DISTRICT CO-OPERATIVE ELECTION OFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES-1 BENGALURU-URBAN – 560 020 SAHAKARA BHAVAN, MALLESHWARAM, BENGALURU – 560 003 Email:drcs-bngnorth-ka@nic.in 4. RETURNING OFICER TO GANTAGANAHALLI MILK PRODUCER’S CO-OPERATIVE SOCIETY, AND OFICE OF THE DRCS-1, BENGALURU JALA HOBLI, YELAHANKA TALUK, BENGALURU – 560 064. 5. GANTAGANAHALLI MILK PRODUCER’S CO-OPERATIVE SOCIETY LTD., YELAHANKA (JALA)-HOBLI, YELAHANAK TALUK, BENGALURU – 560 064 REP. BY ITS SECRETARY. 6. GOPALAKRISHNA J.P. S/O. PAPANNA, AGE: 45 YEARS, 7. RAMAMURTHY .H S/O. HANUMAIAH, AGE: 49 YEARS, 8. MANOHAR .J S/O. JAYARAJ, AGE: 38 YEARS, - 3 - NC: 2025:KHC:3528 WP No. 1814 of 2025 9. KRISHNAPPA .M S/O. MUNISWAMAPPA, AGE: 63 YEARS, 10. THIMMEGOWDA G.V. S/O. BYRAPPA, AGE: 55 YEARS, 11. NARENDRAKUAMR G.R. S/O. RAMAKRISHNAPPA, AGE: 46 YEARS, 12. SMT. SARWATHAMMA W/O. RAJANNA, AGE: 43 YEARS, 13. SMT. MUNIYAMMA W/O. SIDDAPPA, AGE: 60 YEARS, OCCUPATION OF RESPONDENT NOS.6 TO 13: AGRICULTURE, RESPONDENT NOS.6 TO 13 ARE R/AT GANTAGANAHALLI YELAHANAKA HOBI AND TALUK, BENGALURU – 560 064. ... RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE RESULTS OF THE ELECTION HELD TO THE R-5 ON 12.01.2025 WHERE THE R-6 TO 13 ARE DECLARED AS AN ELECTED VIDE ANNEXURE-F; DIRECT THE R-3 AND 4 TO CONDUCT THE FRESH ELECTION TO THE R-5 IN ACCORDANCE WITH LAW AS STIPULATED IN THE ACT. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 4 - NC: 2025:KHC:3528 WP No. 1814 of 2025 ORAL ORDER Petitioners are seeking for the following prayers: “1. Set aside the results of the election held to the respondent No.5, on 12-01-2025 where the respondent No.6 to 13 are declared as an elected vide Annexure-F. 2. Issue a writ of Mandamus directing the respondent no.3 and 4th to conduct the fresh election to the respondent No.5 in accordance with law as stipulated in the Act. 3. Grant such other order/s as this Hon’ble Court may deem fit in the circumstance of the case.” 2. Heard. 3. Election results have already been announced on 12.01.2025 and respondent Nos.6 to 13 have been elected as members of the society and learned counsel for the petitioners is unable to substantiate as to how the writ petition is maintainable before this Court when there is an alternative efficacious remedy provided under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘the - 5 - NC: 2025:KHC:3528 WP No. 1814 of 2025 KCS Act, 1959’ for short). Accordingly, the writ petition is dismissed as not maintainable. 4. All contentions of the parties are kept open. This Court has not expressed any merits or demerits of this case. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 11