- 1 - NC: 2025:KHC:16950 WP No. 9179 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9179 OF 2025 (CS-EL/M) BETWEEN: 1. SRI.C.CHANNEGOWDA, S/O. CHANNAIAH, AGED ABOUT 65 YEARS, 2. B.M.RAJANNA, S/O MALLYAPAPA, AGED ABOUT 67 YEARS, 3. SUBASH K., S/O KORAGA, AGED ABOUT 65 YEARS, THE PETITIONERS ARE MEMBERS OF COFFEE BOARD EMPLOYEES CO-OP HOUSING SOCIETY LTD., NO.1, COFFEE BOARD BHAVAN, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE DEPT. OF CO-OPERATION, M.S.BUILDING, BANGALORE – 560 001. R Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16950 WP No. 9179 of 2025 REPT. BY ITS PRINCIPAL SECRETARY. 2. CO-OPERATIVE ELECTION COMMISSIONER, CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BANGALORE - 560 027. 3. ADDITIONAL REGISTRAR OF CO-OP SOCIETIES, INDUSTRIES AND DIARY CUM ELECTION OFFICER, ALIASKAR ROAD, VASANTH NAGAR, BENGALURU -560 001. 4. COFFEE BOARD EMPLOYEES CO-OP HOUSING SOCIETY LTD., NO.1, COFFEE BOARD BHAVAN, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. BY ITS SPECIAL OFFICER (SOCIETY REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT). …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R-1, R-3 AND R-4; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R-2; *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS DIRECTING TO CONDUCT AND COMPLETE THE ELECTIONS TO BOARD OF MANAGEMENT OF 4TH RESPONDENT SOCIETY FOR TERM (2025- 2030) AS EXPEDITIOUSLY AS BY APPOINTING RETURNING - 3 - NC: 2025:KHC:16950 WP No. 9179 of 2025 OFFICER AS PROVIDED UNDER RULE 13-E FROM THE STAGE/ PROCESS WHERE IT WAS HALTED AND CONDUCT ELECTION IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN RULE 14 OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES 1960, ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, 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 a writ of mandamus to the respondents directing to conduct and complete the elections to Board of Management of 4th respondent Society for term (2025-2030) as expeditiously as by appointing Returning Officer as provided under Rule 13-E from the stage/ process where it was halted and conduct election in accordance with the provisions contained in Rule 14 of the Karnataka Co-operative Societies Rules 1960. b) Issue any other incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity." 2. The submission of Sri. Saravana S., learned counsel for the petitioners is that, the - 4 - NC: 2025:KHC:16950 WP No. 9179 of 2025 requirements of Rule 13-D of the Karnataka Co- operative Societies Rules, 1960 (hereinafter for brevity referred to as "KCS Rules") having been fulfilled, elections have to be held and as such, the aforesaid relief of mandamus is sought for. 3. Learned AGA, upon enquiry and instructions submits that, notices have not been issued to all the members there being a total number of 1117 members, notice has been issued only to 670 members. 4. In reply, learned counsel for the petitioners would submit that notices have been issued only to ineligible members, notices have not been issued to the eligible members as also deceased members and new members, since the requirement of Section 20 (2)(a-iv) and (2)(a-v) of the Karnataka Co-operative Societies Act, 1959 would not apply to new members. On that basis, he submits that compliance is made with respect - 5 - NC: 2025:KHC:16950 WP No. 9179 of 2025 to Rule 13-D(2) of the KCS Rules and as such, there is no impediment for the Administrator to go on with the elections. 5. In reply, learned AGA submits that this information has not been conveyed to the Registrar, only the list of ineligible members who had been issued notices has been conveyed and as such, no action could be taken. 6. Heard Sri. Saravana S. learned counsel for the petitioner and the learned AGA for respondents No.1, 3 and 4. Perused the papers. 7. Rule 13-D of the KCS Rules, is reproduced herein for easy reference: "13-D. Preparation of electoral rolls and calendar of events. (1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co- operative Election Authority indicating therein the following particulars.- (a) the name and address of the society; (b) number of elected directors of the board; - 6 - NC: 2025:KHC:16950 WP No. 9179 of 2025 (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co- operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of co-operative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-operative societies indicating the name and address of each society. (2-A) The Election Officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely (i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum services or facilities in a co-operative year as specified in the bye laws for three consecutive cooperative years. (ii) The chief executive of every cooperative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to date of election of the board by registered post and an opportunity shall given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every cooperative society shall submit the list of ineligible voters to the Election Officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the Election Officer within - 7 - NC: 2025:KHC:16950 WP No. 9179 of 2025 thirty days from the date of notice as specified by the Election Officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the Election Officer between thirty days to sixty days from the date of notice to get the remedy. (v) The Election Officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely,- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls, as directed by the Co-operative Election Authority. (5) The chief executive of every co-operative society shall prepare (i) a draft list of the eligible - 8 - NC: 2025:KHC:16950 WP No. 9179 of 2025 members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility member wise on the basis of entries in the updated membership register specifying. - (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following- (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. - 9 - NC: 2025:KHC:16950 WP No. 9179 of 2025 (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for. - (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results." 8. A perusal of Rule 13-D(2-A) of the KCS Rules would indicate that it is for the Election Officer to publish a draft of ineligible electoral list and a notice be prepared by the Chief Executive Officer in respect of members not attending three out of the last five Annual General Body Meetings, and - 10 - NC: 2025:KHC:16950 WP No. 9179 of 2025 members not utilizing such minimum services or facilities in a co operative year and thereafter the Chief Executive Officer is required to send the above prepared notices to all the ineligible members fifteen days prior to six months to the date of election of the Board by registered post and an opportunity shall be given to such members to file their objections. It is this list of ineligible voters along with the objections and records which are to be submitted by the Chief Executive Officer to the Election Officer. 9. A perusal of entire Rule 13-D of the KCS Rules does not indicate any requirement to issue notice to eligible voters. The requirement is only to prepare the draft list of ineligible voters, issue notice to them and place the objections, if any, for consideration before the Election Officer and it is for the Election Officer to hear and dispose of the objections filed by the ineligible voters within sixty - 11 - NC: 2025:KHC:16950 WP No. 9179 of 2025 days from the date of submission of the objections and it is thereafter that the Election Officer in terms of Rule 13-D(3) is required to take steps for publication of the voters list, draft eligible electoral list, list of defaulters, list of members whose repayment falls due before the election date clear fifty days. 10. Thus the duty of preparing the list of eligible electoral list is on the Election Officer and not on the Chief Executive Officer. The preparation of such a list by the Election Officer is subsequent to the compliance with Rule 13-D(2-A) of the KCS Rules. This also for the reason that if no notice is issued by the Chief Executive Officer to a member, then necessarily such a member would have to be considered to be eligible. 11. The said stage not having been reached, it cannot now lie for the Registrar to contend that the list of eligible voters has not been furnished to the - 12 - NC: 2025:KHC:16950 WP No. 9179 of 2025 Registrar or that notices have not been issued to the eligible voters. 12. In that view of the matter, I answer the point raised by holding that, at the stage of Rule 13-D (2-A) of the KCS Rules, the Chief Executive Officer is required to prepare a list of ineligible voters, issue notice to ineligible voters, if objections are received from the ineligible voters, to place the same for consideration before the Election Officer for consideration and pass necessary orders. At this stage, there is no requirement to issue notice to the eligible voters. 13. As such, I pass the following order: ORDER i) The Writ Petition is allowed. ii) Mandamus is issued directing the Election Officer to consider the list of ineligible voters along with the objections, if any, placed before - 13 - NC: 2025:KHC:16950 WP No. 9179 of 2025 the Officer and pass necessary orders, within a period of sixty days from today and thereafter comply with the requirements of Rule 13-D(3) of the KCS Rules, and proceed with the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 24