- 1 - NC: 2025:KHC:14558 WP No. 5265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5265 OF 2025 (CS-EL/M) BETWEEN: 1. PREM KUMAR H S/O LATE HUCCHEGOWDA AGED ABOUT 56 YEARS 2. NATARAJ H.T S/O LATE RTHAMMANNEGOWDA AGED ABOUT 57 YEARS BOTH ARE DIRECTORS OF CHILKUNDA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, HABBANAKUPPE VILLAGE, CHILKUNDA POST HUNSURU TALUK MYSURU DIST-571105 …PETITIONERS (BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR SRI. SANDESH T B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY 2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD BANGALORE-560052. 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14558 WP No. 5265 of 2025 BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MYSORE DISTRICT-571125 5. THE RETURNING OFFICER CHILKUNDA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, CHILKUNDA, HUNSURU TALUK, MYSORE DIST-571105 REPRESENTED BY ITS CEO 6. THE VOTER LIST SCRUTINY OFFICER CHILKUNDA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, CHILKUNDA, HUNSURU TALUK, MYSORE DIST-571105 REPRESENTED BY ITS CEO 7. CHILKUNDA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, CHILKUNDA HUNSURU TALUK, MYSORE DIST-571105 REPRESENTED BY ITS CEO. . …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR AAG A/W SRI. YOGESH D. NAIK., AGA FOR R1, R2, R4, R5 & R6 SRI. T.L. KIRAN KUMAR .,ADVOCATE FOR R3; SRI. S.B. TOTAD., ADVOCATE FOR R7) 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-4-6 TO CONDUCT THE ELECTION PROCESS FROM THE STAGE WHERE IT WAS STOPPED 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 - 3 - NC: 2025:KHC:14558 WP No. 5265 of 2025 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ of mandamus directing the R4 -R6 to conduct the election process from the stage where it was stopped, in the interest of justice and equity. ii. Issue a writ of mandamus directing the Respondents to continue the present board of directors till the elections are held in the R7- Society. iii. Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. Ms.Prathima Honnapur., learned Additional Advocate General submits that the documents submitted by the Society as regards the compliance with Rule 13 of the Karnataka Co-operative Societies Rules, 1956 (for short “KCS Rules”) has been examined by the officers of the Registrar of Co-operative Societies. She submits that certain of the compliance with Rule 13 of the KCS Rules having been made, elections would be held within 50 days in terms of the time frame fixed under Rule 13 of KCS Rules. 3. In that view of the matter, I pass the following; - 4 - NC: 2025:KHC:14558 WP No. 5265 of 2025 ORDER i. The writ petition is allowed. ii. A mandamus is allowed, directing respondents No.4 to 6 to conduct the election from the stage where it has been stopped for respondent No.7- society within a period of 70 days from the date of receipt of copy of this order. iii. The interim order earlier granted shall continue till the elections are held. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 105