- 1 - NC: 2025:KHC:7768 WP No. 2478 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. 2478 OF 2025 (CS-EL/M) BETWEEN: 1. SRI P T GIRISH S/O LATE THIMMEGOWDA, AGED ABOUT 51 YEARS, PRESIDENT OF ASHRITHA GRUHA NIRMANA SAHAKARA SANGHA(N) R/AT NO.393, ALANAHALLI LAYOUT, T.NARASIPURA MAIN ROAD, MYSORE-560026 2. SRI.T. NARAYANASWAMY, S/O LATE M.THIMMEGOWDA, AGED ABOUT 61 YEARS, R/AT NO.KT404, 12TH CROSS, CHAMUNDESHWARINAGAR, MANDYA-571401 3. SRI. HONNEGOWDA, S/O LATE KEMPEGOWDA, AGED ABOUT 69 YEARS, R/AT THEERTHANKARA MARGA, SIDDARTHA LAYOUT, MYSORE-570010 4. SRI. SIDDEGOWDA, S/O LATE MADEGOWDA, AGED ABOUT 78 YEARS, R/AT NO.715, 6TH CROSS A AND B BLOCK, KUVEMPUNAGAR, MYSORE-570023 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7768 WP No. 2478 of 2025 5. SRI. K.C. PRAKASH, S/O CHIKKANNA SETTY, AGED ABOUT 55 YEARS, KITTHURU VILLAGE AND POST, BETTADAPURA HOBLI, PERIYAPATTTANA TALUK, MYSORE DISTRICT-51107 6. SRI.H.N.SIDDARAJU, S/O B.N.NARAYANA, AGED ABOUT 45 YEARS, R/AT SOWMYA NILAYA, THRIVENI NAGAR, NEAR BALAKEDARARA SAHAKARA SANGHA, T. NARASIPURA TALUK, MYSORE DISTRICT-571124 7. SMT. PUTTAMADAMMA, S/O H.PUTTAHANUMEGOWDA, AGED ABOUT 48 YEARS, R/AT NO.33, VAJRAKAYA NILAYA, URDU TEACHERS LAYOUT, MOULIN NAGAR, MYSORE-570029 8. SMT.S.SUJATHA, W/O M.MUTHURAJU, AGED ABOUT 46 YEARS, R/AT NO. 128, URDU TEACHERS LAYOUT, MOULIN NAGAR, MYSORE-57002 9. SMT.G.K. SUJATHA, S/O SHIVAMALLU, AGED ABOUT 58 YEARS, R/AT NO. 129, KBL LAYOUT, BASTI, BANNUR ROAD, ALANAHALLI, MYSORE-570028. …PETITIONERS (BY SRI. P ANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, - 3 - NC: 2025:KHC:7768 WP No. 2478 of 2025 VIKASA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY 2. KARNATAKA STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC BUILDING, A BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU-560027 REPRESENTED BY ITS COMMISSIONER. 3. THE JOINT REGISTRAR OF CO OP SOCIETIES MYSORE REGION GOVERNMENT PUBLIC OFFICE BUILDINGS SAYYAJI RAO ROAD, MYSORE 570024 4. ASHRITHA GRUHA NIRMANA SAHAKARA SANGHA(N) 1ST FLOOR, SHALIVAHANA ROAD NAZARBAD, MYSURU – 570 010 REPTED BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER KCSA ACT 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R3 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO APPOINT VERIFICATION OFFICER AND RETURNING OFFICER FORTHWITH TO CONDUCT ELECTION TO THE R-4 ON OR BEFORE 16.02.2025. DIRECT THE R-2 NOT TO TAKE ANY ACTION AGAINST THE MEMBERS OF THE BOARD OF R-4 SOCIETY TILL THE ELECTIONS ARE HELD FOR THE TERM 2025 TO 2030. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 4 - NC: 2025:KHC:7768 WP No. 2478 of 2025 ORAL ORDER The petitioner is seeking writ of mandamus directing the respondent No.3 to appoint Verification Officer and Returning Officer forthwith to conduct the election to the 4th respondent Society on or before 16.02.2025 for the term 2025 to 2030. 2. The petitioner has filed memo along with the copy of the order dated 07.02.2025 wherein the Election Officer has appointed H K Satish as Returning Officer to the 4th responding Society, copy of the order indicating Vasanth Kumar as the Verification Officer of the respondent No.4 Society and the notification issued under Rule 14(1) of the Karnataka Cooperative Societies Rules 1960, fixing the date of the election of the 4th respondent Society on 09.03.2025. 3. Learned counsel for the petitioner submits that in light of the election proposed to be conducted to the 4th respondent Society the grievance of the petitioner is - 5 - NC: 2025:KHC:7768 WP No. 2478 of 2025 meted. Further it is submitted by the counsel for the petitioner that the benefit be given to the Directors and Board of the Management in terms of the decision of the Division Bench of this Court in the case of Mysore & Chamarajanagar District Cooperative Bank Ltd., and others vs. The State of Karnataka, Dept. of Cooperation and others1 as in the instant facts the petitioner has compiled the mandatory requirements as indicated under Rule 13(D-2A) of the Karnataka Cooperative Societies Rules, 1960 and non holding of elections to the board cannot be stretched to long for any penalized action against the Board members. 4. The material on record would indicate that the board of respondent No.4 - Society has taken steps for conducting the election before the expiry of the term of the office within the stipulated time as indicated at Annexure ‘E’ series. Having perused the material on record the decision of the Mysore and Chamtajanagar District 1 MANU/KA/008/2024 (W.A. No.1333/2023) - 6 - NC: 2025:KHC:7768 WP No. 2478 of 2025 Co-operative Bank, stated supra aptly applies to the present facts and this Court is of the considered opinion that benefit be given to the Board members in regard to incurring disqualification under Section 28(b) of the Karnataka Cooperative Societies Act, 1959, resultantly in the peculiar facts and circumstances of this case, the following: ORDER (1) The writ petition is allowed. (2) Election to be conducted in terms of the Notification issued on 07.02.2025. The election process to be commenced and election to be conducted as per the tentative schedule indicated in the notification dated 07.02.2025. (3) The benefit given to the Board of members in the case of Mysore and Chamrajanagr District Co-operative - 7 - NC: 2025:KHC:7768 WP No. 2478 of 2025 Bank Ltd., (supra) is given to the Board members stating that the Board members would not incur any disqualification for not holding election in time. Sd/- _____________________ JUSTICE K.S. HEMALEKHA ykl List No.: 1 Sl No.: 65