- 1 - NC: 2025:KHC:8060 WP No. 2262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.2262 OF 2025 (CS-EL/M) BETWEEN: 1. NAGARAJAPPA .T S/O THIPPANNA AGED ABOUT 54 YEARS PRESENTLY WORKING AS AEE (ELE) NO.24 MANCHANAYAKANAHALLI NEAR GULLAMMA TEMPLE, CHANNAGIRI TALUK THIPPAGONDANAHALLI DAVANGERE-577213. 2. MUKUNDA S.J. S/O JAYAPPA.S AGED ABOUT 48 YEARS PRESENTLY WORKING AS JE NO.698/6 SANTRUPTI NILAYA JAYANAGARA B BLOCK NEAR BSNL TOWER NITAVALLI DAVANAGERE- 577004 MEMBER NO.1994. 3. MUDEGOUDRU NAGRAJA S/O SHIVANADAPPA AGED ABOUT 35 YEARS PRESENTLY WORKING AS POWER MAN NO.120 MAIN ROAD BENNIKALLU BALLARI- 583214. MEMBER NO.2374. 4. LINGESH M. C S/O M.N.CHANDRSHEKAR AGED ABOUT 40 YEARS PRESENTLY WORKING AS POWER MAN NO.901/1 2ND MAIN, 5TH CROSS, NEAR GARADIMANE, KTJ NAGARA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8060 WP No. 2262 of 2025 DAVANAGERE-577002 MEMBER NO.2146. (AMENDED AS PER COURT ORDER DATED 30.01.2025) … PETITIONERS (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. 3. RETURNING OFFICER DAVANAGERE AND 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. 5. DAVANAGERE AND HARIHARA DIVISION KEB EMPLOYEES CREDIT-CO-OPERATIVE SOCIETY LTD. REPT. BY ITS SECRETARY DAVANAGERE TALUK, DAVANAGERE-577001. … RESPONDENTS - 3 - NC: 2025:KHC:8060 WP No. 2262 of 2025 (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SMT. M.L. SUVARNA, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS HEREIN DETAILED IN THE IN- ELIGIBLE LIST VIDE ANNEXURE-A TO CONTEST IN THE ENSUING ELECTIONS TO THE SOCIETY WHICH IS SCHEDULED ON 08.02.2025 AS PER ANNEXURE-D, 22.01.2025. THIS WRIT 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 for the following prayers: “A) Issue a writ of Mandamus directing the Respondents to permit the Petitioners herein detailed in the in-eligible list vide Annexure-A to contest in the ensuing elections to the society which is scheduled on 08.02.2025 as per Annexure- D dated 22.01.2025; 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. This Court by way of an interim arrangement on 28.01.2025 permitted the petitioners to contest and cast - 4 - NC: 2025:KHC:8060 WP No. 2262 of 2025 their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of this petition. 3. Heard Smt. Siri Rajashekar, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Smt. M.L. Suvarna, learned counsel for respondent No.5. 4. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is submitted that Reiterating various contentions raised in the writ petition, it is mainly urged that all the members of the society are essential staff, that is, - 5 - NC: 2025:KHC:8060 WP No. 2262 of 2025 employees of the KPTCL, their service to the public requires 24/7 duty in most cases and in the case of lineman they have been located in different villages to perform their duty, making it difficult to attend the general body meeting owing to the nature of their work. It is further submitted that the last election to respondent No.5-society was in the year 2020 and owing to Covid-19 Pandemic, all the activities across the State were halted for almost two years, it is submitted that on account of restrictions on traveling, the members could not attend the meeting and non-participation is not deliberate and is only on account of restrictions imposed during Covid-19. 6. Learned counsel for respondent No.5-society does not dispute the above mentioned facts and submits that owing to the Covid-19 pandemic, the annual general meeting could not be conducted and further submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. - 6 - NC: 2025:KHC:8060 WP No. 2262 of 2025 7. Noticing the restrictions imposed on account of Covid-19 pandemic and nature of work of the members, preventing the petitioners right to vote and contest would be illegal. In the facts narrated above, this Court permitted the petitioners to take part in the election process by exercising their votes in terms of the interim order. Noting the stand taken by respondent No.5-society, the writ petition needs to be disposed of in the following terms: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners 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, questioning the eligibility of the petitioners 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 - 7 - NC: 2025:KHC:8060 WP No. 2262 of 2025 in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners 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 petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners 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 by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 1