- 1 - NC: 2025:KHC:12038 WP No. 8159 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8159 OF 2025 (CS-EL/M) BETWEEN: THE STATE BANK EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, STATE BANK OF INDIA, MYSORE BANK CIRCLE BRANCH, AVENUE ROAD, BENGALURU - 560 009, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …PETITIONER (BY SRI. G. CHANDRASEKHARAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE REGISTRAR OF COOPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKER ROAD, BENGALURU - 560 052. 3. SRI. HARISHKUMAR B.V., ASSISTANT REGISTRAR OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12038 WP No. 8159 of 2025 COOPERATIVE SOCIETIES, 3RD ZONE, BENGALURU URBAN DISTRICT, SAHAKARA SOUDHA , 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003 AND RETURNING OFFICER, THE STATE BANK EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD., BENGALURU. 4. THE KARNATAKA STATE COOPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU - 560 027, REPRESENTED BY ITS SECRETARY. 5. SRI. J.K. MANJUNATHASWAMY, VOTERS LIST VERIFYING OFFICER, THE STATE BANK EMPLOYEES' COOPERATIVE CREDIT SOCIETY LTD., BENGALURU AND SENIOR INSPECTOR OF COOPERATIVE SOCIETIES, O/O. OF ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, 3D ZONE, BENGALURU URBAN DISTRICT, SAHAKARA SOUDHA , 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R4) THIS WP IS FILED PRAYING TO-DIRECTING THE RESPONDENTS HEREIN TO CONDUCT THE ENSUING ELECTION TO THE BOARD OF THE PETITIONER SOCIETY FIXED ON 23.03.2025 BY INCLUDING THE NAMES OF ALL THE 1,331 MEMBERS SHOWN IN THE LIST OF ELIGIBLE VOTERS AT ANNEXURE -A AND TO PERMIT ALL OF THEM TO VOTE IN THE SAID ELECTION WITHOUT REFERENCE TO SECTION 20 (2) (a- iv) OF THE ACT AND ETC., - 3 - NC: 2025:KHC:12038 WP No. 8159 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER The petitioner is before this Court seeking for the following reliefs:- a) Issue an appropriate writ or order directing the respondents herein to conduct the ensuing election to the Board of the petitioner society fixed on 23.03.2025, by including the names of all the 1,331 members shown in the list of eligible voters at Annexure-A and to permit all of them to vote in the said election, without reference to Section 20(2)(a-iv) of the Act; and b) Grant any other reliefs as deemed fit by this Hon'ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity. 2. The petitioner is a credit Co-operative Society. The contention of the petitioner is that during the COVID period two meetings which were held in the virtual mode, all the members could not join the meeting. Therefore, it was not possible for the petitioner to verify, who tried to join the meeting and who did not join the meeting. As such, the petitioner wants to make available, the benefit of the same to all the members of the Society to enable them to vote at the elections. Such benefit if not made available, firstly, it would be difficult for the petitioner's- Society to identify the members, who have not attended the meeting and secondly, it may result in injustice to - 4 - NC: 2025:KHC:12038 WP No. 8159 of 2025 the members on account of lack of infrastructure on part of the petitioner. 3. This being a peculiar case, where the society itself has come forward to place on record, the meetings having been conducted, the Society not being able to ascertain and certify as to who has attended the meeting and who has not since, a virtual meeting having been held, identification of who had attended the meeting is not possible. 4. I pass the following:- ORDER i) Writ Petition is allowed; ii) In the ensuing election scheduled to be held on 23.03.2025 for the Board of Directors of the petitioner-Society, all members of the petitioner-Society are permitted to vote as long as they are not defaulters in terms of Section 20(2)(a-v) of the Karnataka Cooperative Societies Act, 1959. SD/- (SURAJ GOVINDARAJ) JUDGE VS List No.: 1 Sl No.: 16 CT: BHK