- 1 - NC: 2025:KHC:4946-DB WA No. 149 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 149 OF 2025 (CS-EL/M) BETWEEN: 1. LAVANYA C. W/O NARASIMHAMURTHY N. AGED ABOUT 45 YEARS R/O 120/3, 10TH CROSS OPP. TO SAIJYOTHI LAYOUT SINGANAYAKANAHALLI, YELAHANKA BENGALURU-560 019. …APPELLANT (BY SRI. PRABHULINGA K.NAVADGI, SENIOR ADVOCATE FOR SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR, T.T.M.C. 'A' BLOCK SHANTHI NAGAR BANGALORE-560 027. REP. BY ITS SECRETARY. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4946-DB WA No. 149 of 2025 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES 1ST CIRCLE, SAHAKARA SOWDHA MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003. 4. RETURNING OFFICER COOPERATIVE DEVELOPMENT OFFICER OFFICE OF DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES 1ST CIRCLE, SAHAKARA SOWDHA MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003. 5. SINGANAYAKANAHALLI RAITHARA SEVA SAHAKARA SANGHA NIYAMITHA SINGANAYAKANAHALLI, YELAHANKA BENGALURU-560 019. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. K.N.PHANINDRA, SENIOR ADVOCATE FOR SRI. MOHANA C., ADVOCATE FOR R5; SRI. S.H.RAGHAVENDRA, AGA FOR R1, R3, R4) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE TOP NOTED APPEAL BY SETTING ASIDE ORDER DATED 20.12.2024 PASSED IN WP No.34299/2024 AND THE WP No.34299/2024 MAY KINDLY BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:4946-DB WA No. 149 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned Senior Advocate Mr. Prabhulinga K. Navadgi assisted by learned advocate Mr. Devi Prasad Shetty for the appellant, learned Senior Advocate Mr. K.N. Phanindra assisted by learned advocate Mr. C. Mohana on caveat appearing for respondent No.5-Society as well as learned Additional Government Advocate for the State respondents. 2. The present appeal is directed against the judgment and order of learned Single Judge dated 20.12.2024, whereby, the writ petition of the appellant-petitioner came to be dismissed. 3. In the writ petition, the petitioner prayed to set aside the appointment of the Returning Officer, who was appointed on 30.08.2024 to conduct the elections of respondent No.5-Co-operative Society. The other prayer was to direct respondent Nos.2 to 4 to hold and conduct elections to respondent - 4 - NC: 2025:KHC:4946-DB WA No. 149 of 2025 No.5 by issuing notice to all the members afresh in compliance of the relevant provisions of Section 20 of the Karnataka Co- Operative Societies Act, 1959 read with Rule 13D of the Karnataka Co-operative Societies Rules, 1960. 3.1 The ground which was sought to be raised was that the provisions of Rule 13D(2-A) of the Karnataka Co-operative Societies Rules, 1960 was breached. The said Rule deals with the duty of the Election Officer to take steps for publication of the list of ineligible voters. The plank of contention of the petitioner was that the time statutorily required under the Rules was not given and departed from by the Returning Officer in finalizing the list of ineligible voters. 3.2 Learned Single Judge took the view that notice to the ineligible voters was issued on 16.11.2024 and that 60 days' clear time period was provided. Therefore, according to him, no interference was called for inasmuch as the Election Officer, according learned Single Judge, was not required to hold any subsequent proceedings after the expiry of 60 days of service of notice. Be that as it may. - 5 - NC: 2025:KHC:4946-DB WA No. 149 of 2025 4. When the appeal came up for consideration today, the situation obtained is that the election programme to the Board of Directors of the co-operative society has already been notified. The date for filing of nomination begins from 05.02.2025, the scrutiny is to take place on 08.02.2025, the list of nominated candidates will be out on 08.02.2025, the date of withdrawal prescribed is 09.02.2025, the list of validly nominated candidates will be published by the Returning Officer on 09.02.2025 and the last stage of voting is scheduled to take place on 15.02.2025 whereas, the counting is to take place on the same date. 5. It is trite principle and well settled law that elections to all the democratic bodies which would include co-operative bodies will have to be permitted to continue and to be completed as per the time schedule fixed for the elections and interference by the court will be minimal in such matters. Once the election programme is notified or the elections are imminent, the court will not interfere in exercise of the jurisdiction under Article 226 of the Constitution. The remedy for the aggrieved person would be after the election is over. All the disputes relating to the election may be gone into after the elections are completed, in accordance with the statutory - 6 - NC: 2025:KHC:4946-DB WA No. 149 of 2025 provision providing filing of machinery for election petition. The remedy of filing the election petition is available to the petitioner, if she is aggrieved on any count in relation to the holding of election. 6. In that view and for all the aforesaid reasons, this Court is not inclined to interfere with the judgment and order of learned Single Judge, leaving it open for the appellant-petitioner to have the recourse of remedy of election petition where all the contentions of both the sides will be open. 6.1 Only on the aforesaid ground, the appeal is not liable to be entertained as it will amount to interjecting with election process. 6.2 This Court has not gone into the merits of the case. 7. The appeal is dismissed accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 26