- 1 - NC: 2025:KHC:6685 WP No. 3704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3704 OF 2025 (CS-ELE) BETWEEN: 1. NAGARAJAPPA A M S/O. MAHADEVAPPA, AGED ABOUT 58 YEARS R/A MEDIKERIPURA, RAMAGONDANAHALLI DAVANAGERE DISTRICT 2. SUNIL KUMAR T R S/O RAJAPPA T N AGED ABOUT 41 YEARS R/A GOPANAHAL ROAD CHIKKATOGALERI, DAVANAGERE DISTRICT. 3. T N BHEEMAPPA, S/O. KENCHABASAPPA, AGED ABOUT 85 YEARS. R/A CHIKKATOGALERI, HIRETHOGALERI, DAVANAGERE DISTRICT. 4. ONKARAPPA H B S/O. BASAPPA, AGED ABOUT 70 YEARS R/A GOPANAHALU POST, DAVANAGERE DISTRICT. 5. N K BASAVARAJAPPA, S/O. KENCHAPPA, AGED ABOUT 78 YEARS R/A GOPANAHALU POST DAVANAGERE DISTRICT. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6685 WP No. 3704 of 2025 6. PALAKSHAPPA D B, S/O. BASAPPA, AGED ABOUT 61 YEARS. R/A GOPANAHALU POST DAVANAGERE DISTRICT 7. NARAGANAHALLI MATAD RUDRIAH, S/ONAMASHIVAIAH N M, AGED ABOUT 67 YEARS. R/A GOPANAHALU POST DAVANAGERE DISTRICT. 8. A M RAJASHEKHARAIAH, W/O. BASAVAIAH S AGED ABOUT 69 YEARS. R/A IGALA ONI, NEAR HALASWAMY MATHA GOPANAHALU POST, DAVANAGERE DISTRICT. 9. PUJAR MALLIKARJUNAPPA, S/O VEERABHADRAPPA AGED ABOUT 72 YEARS. R/A GOPANAHALU POST DAVANAGERE DISTRICT. 10. K S RUDRAPPA, S/O. LATE. K SHARANAPPA, AGED ABOUT 69 YEARS. R/A NO.77, TEMPLE ROAD, ATTIGERE, ATTIGERE POST, DAVANAGERE DISTRICT. 11. K S SHIVAKUMAR S/O. K SHARANAPPA, AGED ABOUT 53 YEARS. R/A ATTIGERE POST DAVANAGERE DISTRICT. 12. SADASHIVAIAH S/O. VEERAIAH, AGED ABOUT 85 YEARS. - 3 - NC: 2025:KHC:6685 WP No. 3704 of 2025 R/A IYYAVARA HATTI, ATTIGERE POST DAVANAGERE DISTRICT. 13. K M KUBERAPPA S/O. MAHADEVAPPA, AGED ABOUT 79 YEARS. R/A 115, KALAVURU, ANAGODU NEAR ANJANEYA TEMPLE, KALAVURU, ATTIGERE POST, DAVANAGERE DISTRICT 14. T G NAGARAJAPPA, S/O. T G JAYADEVAPPA, AGED ABOUT 54 YEARS. R/A NEAR MUGABASAVESHWARA TEMPLE NANASU NILAYA, HIRETHOGALERI, DAVANAGERE DISTRICT. 15. SIDDAPPA S/O. SIDDALINGAPPA AGED ABOUT 76 YEARS. R/A HIRETHOGALERI HIRETHOGALERI POST DAVANAGERE DISTRICT 16. T J C NATESH S/O. TGC SHEKHAT AGED ABOUT 62 YEARS R/A NO 1870/61, 7TH MAIN 3RD CROSS, SWAMINIVEKANANDA BADAVANE CHIKKANAHALLI, DAVANAGERE DISTRICT 17. MALLIKARJUNA G P S/O. PUTTAVEERAPPA AGED ABOUT 70 YEARS R/A NO. 156, HANUMANAHALLI ROAD HIRETOGALERI, DAVANAGERE DISTRICT. 18. ANNAPPA G S, S/O. SADASHIVAPPA G H AGED ABOUT 47 YEARS. R/A SHETTARA ANGADI ROAD - 4 - NC: 2025:KHC:6685 WP No. 3704 of 2025 NEAR MILK DAIRY, GOPANAHALU DAVANAGERE DISTRICT. 19. MN CHANDRANATH S/O LATE. M NAGAPPA, AGED ABOUT 62 YEARS R/A VINAYAKA TEMPLE STREET KOTE CHIKMAGALURU, CHIKMAGALURU DISTRICT. 20. D C MAHARUDRAPPA, S/O. CHANDRASHEKARAPPA AGED ABOUT 67 YEARS, R/A NEAR 2ND BUS STOP, GOPANAHAL DAVANAGERE DISTRICT. …PETITIONERS (BY SRI. CHANDRASHEKAR G M., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR, T.T.M.C, KHB ROAD BENGALURU-560 002 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF CO-OP. SOCIETY REGISTRAR, NO. 1, ALIASKAR ROAD, BENGALURU-560052 4. PCARD BANK LTD DAVANAGARE TALUK, DAVANAGERE DISTRICT, DAVANAGERE-577217, REP BY ITS CEO 5. THE SECRETARY / MANAGER, PCARD BANK LTD, AND CO-OPERATIVE DEVELOPMENT OFFICER, HONNALI HONNALI, DAVANAGERE DISTRICT-577 217. - 5 - NC: 2025:KHC:6685 WP No. 3704 of 2025 6. RETURNING OFFICER, PCARD BANK, DAVANAGARE TALUK DAVANAGERE DISTRICT-577 217 …RESPONDENTS (BY SRI.YOGESH D. NAIK, AGA FOR R1, R3 & R6; SRI. T. L. KIRAN KUMAR, ADV. FOR R2; SRI. R.KUMAR, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONCLUDE THE PROCESSES AS REQUIRED UNDER RULE 13D OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES AND TO CONDUCT ELECTIONS IN ACCORDANCE WITH THE SECTIONS 20(2) (a-vi) (a-v) INCLUDING NAME OF THE PETITIONERS. THIS 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:- 1. Issue a Writ in the nature of mandamus directing the respondents to conclude the processes as required under Rule 13D of the Karnataka Co-Operative Societies Rules and to conduct elections in accordance with the sections 20(2) (a-vi) (a-v) including name of the petitioners. 2. Direct the Respondent No.2,3 & 4 to include the name of the petitioners in the eligible voter list and - 6 - NC: 2025:KHC:6685 WP No. 3704 of 2025 conduct the elections in accordance with the Karnataka Co-operative Societies Act, 1959 and its Rules, 1960. 3. Pass such other orders as may be deemed appropriate under the circumstances of the case, in the ends of justice. 2. Learned counsel for the petitioners does not press prayer No.(a) and hence, consideration of prayer No.(a) would not arise. 3. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of this petition. 4. Heard Sri Chandrashekar G M, learned counsel for the petitioners, Sri Yogesh D Naik, learned AGA for respondent Nos.1, 3 and 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri R Kumar, learned counsel for respondent No.4. - 7 - NC: 2025:KHC:6685 WP No. 3704 of 2025 5. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that owing to the Covid-19 pandemic over a period of 2.5 years, there were no general body meetings conducted, and only two annual general meetings were conducted and respondent No.4 has not issued any notice to the said effect. It is submitted that the petitioners availed the minimum transaction with respondent No.4-society in spite of which the petitioners have been included in the ineligible voters list. It submitted that the elections conducted by the respondent are without following the mandate as required under Rule 13-D of the Karnataka Co-Operative Societies Rules, 1960 (‘Rules’ for short). - 8 - NC: 2025:KHC:6685 WP No. 3704 of 2025 7. The said aspect is not rebutted by respondent No.4-society. 8. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and 1 2022 (4) AKR 775 - 9 - NC: 2025:KHC:6685 WP No. 3704 of 2025 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 in favour of the petitioners 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 - 10 - NC: 2025:KHC:6685 WP No. 3704 of 2025 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 YKL List No.: 2 Sl No.: 53