- 1 - NC: 2025:KHC:10187 WP No. 4742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4742 OF 2025 (CS-EL/M) BETWEEN: 1. SRI MUTTAPPA S/O, LATE. MUTTAIAH AGED ABOUT 75 YEARS MEMBERSHIP NO. 03 RESIDING AT 2. SMT.SHARADHAMMA W/O.LATE CHIKKEGOWDA. AGED ABOUT 65 YEARS MEMBERSHIP NO. 36 3. SMT.SUMA W/O, K RAMAIAH AGED ABOUT 48 YEARS MEMBERSHIP NO. 41 4. SRI.PATALAPPA S/O, LATE. DODDAMUTTARAYAPPA AGED ABOUT 80 YEARS MEMBERSHIP NO. 45 5. SMT. RUDRAMMA W/O. K.V. VISHWANATHAIAH, AGED ABOUT 53 YEARS MEMBERSHIP NO. 49 6. SRI. THIMMEGOWDA S/O, LATE.CHIKKAMUTTARAYAPPA AGED ABOUT 53 YEARS, MEMBERSHIP NO. 59 7. SMT. PUTTAMMA W/O. LATE.CHIKKAMUTTARAYAPPA AGED ABOUT 72 YEARS, MEMBERSHIP NO. 62 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10187 WP No. 4742 of 2025 8. SMT. RANGAMMA W/O.CHANNAPPA AGED ABOUT 65 YEARS, MEMBERSHIP NO. 67 9. SMT.LAKSHMAMMA W/O.LATE.KARIMUNIYAPPA, AGED ABOUT 70 YEARS, MEMBERSHIP NO. 69 10. SRI. ARASAPPA S/O. VENKATARASAPPA, AGED ABOUT 52 YEARS MEMBERSHIP NO. 77 11. SRI. K.P. UMESH, S/O. PUTTANNASHETTY AGED ABOUT 48 YEARS, MEMBERSHIP NO. 78 12. SRI. RAMAKRISHNAPPA S/O. LATE. BYRAPPA AGED ABOUT 63 YEARS. MEMBERSHIP NO. 83 13. SMT. YASHODA W/O, THIMMEGOWDA AGED ABOUT 43 YEARS MEMBERSHIP NO. 92 14. SMT. PUTTAGOWRAMMA W/O, RAMAKRISHNAPPA AGED ABOUT 55 YEARS, MEMBERSHIP NO. 96 15. SMT. GOWRAMMA W/O, K.L. SIDDAPPA AGED ABOUT 74 YEARS, MEMBERSHIP NO. 98 16. SMT. RATHNAMMA W/O, RANGAIAH.C AGED ABOUT 61 YEARS, MEMBERSHIP NO. 100 - 3 - NC: 2025:KHC:10187 WP No. 4742 of 2025 17. SRI. SURESH S/O. HANUMAIAH AGED ABOUT 44 YEARS MEMBERSHIP NO. 102 18. SMT. SAVITRAMMA W/O, THIMMARAYAPPA AGED ABOUT 58 YEARS, MEMBERSHIP NO. 106 19. SMT. NAGARATHNAMMA W/O, MUTTARAYAPPA AGED ABOUT 55 YEARS, MEMBERSHIP NO. 107 20. SMT. YASHODHAMMA W/O, MUTHAPPA AGED ABOUT 60 YEARS, MEMBERSHIP NO. 108 21. SMT. AKKALAKKAMMA W/O. BETTEGOWDA AGED ABOUT 56 YEARS, MEMBERSHIP NO. 111 22. SRI. CHINNAPPAIAH S/O. LATE. MUNISHAMAPPA AGED ABOUT 70 YEARS, MEMBERSHIP NO. 113 23. SMT. SHARADAMMA W/O. LATE.MUNIYAPPA AGED ABOUT 62 YEARS, MEMBERSHIP NO. 118 24. SMT. MUNILAKSHMAMMA W/O, GOWDAIAH AGED ABOUT 52 YEARS MEMBERSHIP NO. 119 25. SRI. MANJUATHA. K.B S/O. BETTEGOWDA AGED ABOUT 50 YEARS MEMEBRSHIP 120 - 4 - NC: 2025:KHC:10187 WP No. 4742 of 2025 26. SMT. ASHWATHAMMA W/O. HANUMANTHARAYAPPA AGED ABOUT 68 YEARS, MEMBERSHIP NO. 121 27. SRI. SRIRAM.M S/O. MUTTAIAH AGED ABOUT 49 YEARS MEMBEERSHIP NO. 125 28. SRI. SRINIVAS. K.K S/O.LATE. KEMPAIAH AGED ABOUT 57 YEARS MEMBERSHIP NO. 127 29. SMT. JAYAMMA W/O. CHANNAPPAIAH AGED ABOUT 54 YEARS, MEMBERSHIP NO 135 30. SRI. ARUN KUMAR S/O, PILLAPPA AGED ABOUT 37 YEARS, MEMBERSHIP NO. 136 31. SMT.SOMARATHNA W/O, GOPALAPPA AGED ABOUT 56 YEARS, MEMBERSHIP NO. 137 32. SMT. VIJAY KUMAR. K. S/O.LATE. HANUMANTHARAYAPPA AGED ABOUT 33 YEARS, MEMBERSHIP NO. 139 33. CHANNAMMA W/O. K.B. MANJUNATHA AGED ABOUT 47 YEARS, MEMBERSHIP NO. 142 34. ANUSHA.C. W/O. SHIVARAM K.P AGED ABOUT 39 YEARS MEMBERSHIP NO. 143 35. SMT. LAKSHMI - 5 - NC: 2025:KHC:10187 WP No. 4742 of 2025 W/O. ARASEGOWDA AGED ABOUT. 51 YEARS MEMBERSHIP NO. 146 36. SMT. HANUMAKKA W/O. RAMANJINAPPA AGED ABOUT 51 YEARS, MEMBERSHIP NO. 147 37. SMT. INDRAJI W/O.CHANNEGOWDA AGED ABOUT 49 YEARS, MEMBERSHIP NO. 148 38. SMT. NANJAMMA W/O.SRINIVAS K.K. AGED ABOUT 46 YEARS, MEMBERSHIP NO. 149 39. SMT. YASHODA W/O, K.C. NAGARAJU AGED ABOUT 56 YEARS, MEMBERSHIP NO. 157 40. SMT. ROOPAKALA W/O. SHIVAKUMAR AGED ABOUT 45 YEARS, MEMBERSHIP NO. 158 41. SRI.GOWDAIAH S/O.LATE.RANGAPPA AGED ABOUT 51 YEARS, MEMBERSHIP NO. 162 ALL ARE RESIDING AT KADATHNAMALE VILLAGE, HESARAGHTTA HOBLI, ARAKERE POST, YALAHANKA TALUK, BANGALORE-561203 …PETITIONERS (BY SRI. THYAGARAJA B., ADVOCATE) AND: 1. STATE OF KARNATAKA - 6 - NC: 2025:KHC:10187 WP No. 4742 of 2025 DEPARTMENT OF CO-OPERATION. M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T.M.C.,'A' BLOCK, BENGALURU 560 027. REPRESENTED BY EXECUTIVE SECRETARY 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKER ROAD, BANGALORE-560001. 4. THE ELECTION OFFICER AND DEPUTY REGISTRAR, OF CO-OPERATIVE SOCIETY, BANGALORE DISTRICT, BANGALORE-560001. 5. RETURNING OFFICER, KADATHNAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY HESARAGHTTA HOBLI ARAKERE POST, YALAHANKA TALUK. BANGALORE-561203 6. KADATHNAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY, KADATHNAMALE VILLAGE, HESARAGHTTA HOBLI, ARAKERE POST, YALAHANKS TALUK. BANGALORE-561203. BY ITS CHIEF EXECUTIVE OFFICER... (SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCITIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR,. ADVOCATE FOR R2; SRI. VINOD C.S., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO VOTES IN THE ELECTIONS SCHEDULED TO BE HELD - 7 - NC: 2025:KHC:10187 WP No. 4742 of 2025 ON 20.02.2025 ANNX-A TOT HE R-6 CO OPERATIVE SOCIETY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue writ of mandamus directing the Respondents No. 2 to 5 to include the name of the petitioners in the eligible voters list and permit the petitioners to votes in the elections scheduled to be held on 20.02.2025 (Annexure-A) to the Respondent no.6 Co-operative Society in the interest of justice and equity. b. Grant such other and further relief as this Hon’ble Court may deem just and proper in the circumstances of the case. 2. The grievance of the petitioners was that the petitioners have been held to be ineligible to vote for the elections of the Management Committee without issuance of notice under Clause (ii) of sub-rule (2A) of Rule 13D of the Karnataka Corporate Societies Rules, 1960 (for short, ‘the Rules’). - 8 - NC: 2025:KHC:10187 WP No. 4742 of 2025 3. Today on inquiry the Counsel for Respondent No.6 submits that no notice had been issued under Clause (ii) of sub-Rule (2A) of Rule 13D of the Rules. If that be so, the question of holding the petitioners to be ineligible voters would not at all arise. 4. This Court vide its order dated 18.2.2025 had permitted the petitioners to cast their vote. However, directed the concerned respondent to keep the vote cast by the petitioners in a separate ballot box. Now that no notice had been issued by the Society publishing the ineligible list of voters, the question of considering the petitioners to be ineligible voters would not arise. As such, I pass the following: ORDER i) The Writ Petition is partly allowed. ii) Respondent No.5 is directed to announce the results of the election by taking into account the votes cast by the petitioners if not injuncted by any other proceedings. - 9 - NC: 2025:KHC:10187 WP No. 4742 of 2025 iii) Respondent No.3 is directed to take action against Respondent No.6 for not having complied with the mandatory requirements of Clause (ii) of subrule (2A) of Rule 13D of the Rules. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 14