- 1 - NC: 2025:KHC:17574 WP No. 11721 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. 11721 OF 2025 (CS-RES) BETWEEN: 1. J.T. KOPPALU CONSUMER CO-OPERATIVE SOCIETY LTD., KUVEMPU NAGAR, HOUSE BUILDING LAYOUT, MYSORE-570023, REPRESENTED BY ITS SECRETARY, SIDDAIAH S, S/O LATE SIDDAIAH, AGED ABOUT 55 YEARS. 2. SKYLARK CONSUMER CO-OPERATIVE SOCIETY LTD., C.V.ROAD, 4TH CROSS, MANDIMOHALLA, MYSORE-570001, REPRESENTED BY ITS PRESIDENT JABEEN TAJ, W/O SADODDIN, AGED ABOUT 64 YEARS 3. BHARATH CONSUMER CO-OPERATIVE SOCIETY LTD., GAYATHRI PURAM, 2ND STAGE, NAZARBADH MOHALLA, MYSORE-570015, REPRESENTED BY ITS PRESIDENT A. SAVARIER, S/O C.ANTHONI, AGED ABOUT 58 YEARS. (THE PETITIONERS SOCIETIES ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) …PETITIONERS (BY SRI JAYAKUMAR S PATIL, SR. ADVOCATE FOR SRI DEVI PRASAD SHETTY.,ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17574 WP No. 11721 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001, REPRESENTED BY ITS PRINCIPLE SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE - 570001. 4. MANJU S, VERIFICATION OFFICER, SENIOR INSPECTOR OF COOPERATIVE SOCIETIES, OFFICE OF ASSISTANT REGISTER OF CO-OPERATIVE SOCIETY, MYSORE - 570001. 5. MYSORE MATHU CHAMARAJANAGARA ZILLA KENDRA SAHAKARA SAGATU MARATA SANGHA NIYAMITHA, NO.126, HOSASANTHE PETE, BOMBOOBAZAR, MYSORE-570001, REPRESENTED BY ITS IN-CHARGE MANAGER (THE RESPONDENT NO.4 SOCIETY IS REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) …RESPONDENTS (BY SMT PRATHIMA HONNAPUR AAG A/W, SRI YOGESH D NAIK, AGA FOR R1, SRI T L KIRAN KUMAR, ADVOCATE FOR R2, V/O/DT 17/04/2025 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELECTION NOTIFICATION ISSUED BY R-3 IN NO. JRM/C/ELN/CR361/2024-25 DTD 25.03.2025 PRODUCED AT ANNX-E AND ETC. - 3 - NC: 2025:KHC:17574 WP No. 11721 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 1. The affidavit of Joint Registrar of Co-operative Societies has been filed. The same is taken on record. 2. Petitioners are before this Court seeking for the following reliefs: I. Issue a writ in the nature of certiorari quashing the election notification issued by respondent no.3 in No.JRM/C/ELN/CR361/2024-25 dated 25- 03-2025 produced at ANNEXURE -E. II. Issue a writ in the nature of certiorari quashing the order passed by the respondent No.3 in No.JRM/C/ELN/CR631/2024-25 dated 25-03-2025 produced at ANNEXURE - E1. III. Issue a writ in the nature of mandamus directing the respondent no2 and 3 to conduct and hold election after compliance of rule 13D(2-A) afresh. IV. Grant such other writ, order or direction as this Hon'ble court deems fit under the facts and circumstances of the case including cost of the proceedings, in the interest of justice and equity. 3. The grievance of the petitioners is that the time period prescribed under Rule 13D of The Karnataka Co-operative Societies Rules, 1960 has not expired even though the procedure prescribed under Rule 13D has been - 4 - NC: 2025:KHC:17574 WP No. 11721 of 2025 completed. Despite the procedure being completed before the time period coming to an end, no elections could be held and in this regard reference is placed to the decision of the Hon'ble Division Bench in Mysore and Chamarajanagar District Co-operative Bank Ltd. And others -v- The State of Karnataka and others1. 4. The Hon'ble Division Bench of this Court has categorically held that until the time period is completed, no elections can be held. If that be so, the same would be equally applicable to the present case and as such, the notification at Annexure - E and the order at Annexure - E1 could not have been issued without the time period being completed. 5. In that view of the matter, I pass the following: ORDER i. Writ Petition is allowed. Certiorari is issued, Annexures - E and E1 are quashed. 1 WA No.1333/2023 DD 2.01.2024 - 5 - NC: 2025:KHC:17574 WP No. 11721 of 2025 ii. Liberty is however reserved to the respondents to issue notification relating to the elections on the completion of the time period under Rule 13D of The Karnataka Co-operative Societies Rules, 1960. SD/- (SURAJ GOVINDARAJ) JUDGE BRN List No.: 2 Sl No.: 12