- 1 - NC: 2025:KHC:17995 WP No. 10560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10560 OF 2025 (CS-RES) BETWEEN: 1. SRI BASAVARAJU S/O.KALEGOWDA AGED ABOUT 54 YEARS, 2. SRI. LOHITH S NAIK S/O. BORALINGA NAIKA AGED ABOUT 65 YEARS, 3. SRI. SOMASHEKAR S/O. DEVARAJEGOWDA AGED ABOUT 57 YEARS, 4. SRI.M.B.SHIVARAJU S/O. BINLINGAPPA AGED ABOUT 63 YEARS, 5. SMT. SHIVAMMA W/O.M.A.CHENNAPPA AGED ABOUT 67 YEARS, 6. SRI. SWAMY GOWDA S/O. THAMMEGOWDA AGED ABOUT 62 YEARS, ALL ARE DIRECTORS, MODUR PACCS, M. KOPPALU, HUNSUR TALUK, MYSORE DISTRICT - 571 134. ...PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17995 WP No. 10560 of 2025 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, BANGALORE-560027. REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DISTRICT, MYSORE 570024. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSUR SUB-DIVISION, HUNSUR, MYSORE DISTRICT - 571105. 6. THE DISTRICT ELECTION OFFICER AND ALSO DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE 571125. 7. MODUR PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, MODUR, HUNASURU TALUK, MYSURU DIST-571105. REPRESENTED BY ITS CEO. (A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 8. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE 570 001. REP. BY ITS MANAGING DIRECTOR / CEO (A SOCIETY REGISTERED UNDER THE - 3 - NC: 2025:KHC:17995 WP No. 10560 of 2025 PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) 9. MYSORE CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., (MCDCC) MYSORE-570001 REP. BY ITS ADMINISTRATOR (A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR., AAG A/W SRI. YOGESH D. NAIK., AGA FOR R1, R2, R4 TO R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R3 & R7; SMT. K.S. ANASUYA DEVI., ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENTS AND DIRECT RESPONDENTS 1 TO 6 TO CONDUCT ELECTIONS TO ELECT THE BOARD OF MANAGEMENT OF THE 7TH RESPONDENT SOCIETY, WHOSE TERM HAS EXPIRED ON 07.03.2025 PURSUANT TO ANNEXURE-C DATED 21.03.2025 AND 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: 1. Issue a writ in the nature of Mandamus directing R1 to R6 to conduct elections to elect the Board of Management of the 7th Respondent Society, whose term has expired on 07.03.2025 pursuant to Annexure-B dated 21.03.2025 and 2. Direct the respondents 1 to 6 to continue the term of the present board of directors till the elections - 4 - NC: 2025:KHC:17995 WP No. 10560 of 2025 are held and the results are declared for the Board of Management of 7th respondent society and; 3. Grant such other relief/s as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. 2. Though the Society claims to have issued notices by registered post, what has been placed before the Court is only the bulk booking and not the acknowledgement as required under Clause (3) of Sub-rule (2-A) of Rule 13-D of the Karnataka Cooperative Societies Rules, 1960 [‘KCS Rules’ for short]. In that view of the matter, only bulk booking cannot be accepted. It would be for the Society to re-issue notices this time with ‘Registered Post Acknowledgement Due’ and place it before the Election Officer as required under Clause (3) of Sub- rule (2-A) of Rule 13-D of the KCS Rules. Once needful is done, the Respondents are directed to conduct elections as early as possible. 3. With the above observation, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE LN, List No.: 2 Sl No.: 23.4