- 1 - NC: 2025:KHC:16693 WP No. 12191 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.12191 OF 2025 (CS-EL/M) BETWEEN: YELUVAHALLI MULTIPURPOSE PRIMARY AGRICULTURE RURAL CO OPERATIVE SOCIETY LTD., YELUVAHALLI, MULABAGILU TALUK, KOLAR DISTRICT. REPRESENTED BY ITS PRESIDENT/ DELEGATE (REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …PETITIONER (BY SRI. DEVIPRASAD SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU -560001. REPRESENTED BY ITS PRINCIPAL 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. DEPUTY COMMISSIONER/ ELECTION OFFICER KOLAR DISTRICT KOLAR-563101 4. RETURNING OFFICER KOLAR-CHIKKABALLAPUR DCC BANK LTD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16693 WP No. 12191 of 2025 DCC BANK ROAD, KOLAR-563101. 5. KOLAR-CHIKKABALLAPUR DCC BANK LTD, DCC BANK ROAD, KOLAR-563101. REPRESENTED BY ITS MANAGING DIRECTOR (RESPONDENT NO.5 IS REGISTERED UNDER THE KARNATAKA SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 AND R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2) 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-3 AND 4 TO ACCEPT THE DELEGATION FORM OF PETITIONER SOCIETY AND PERMIT THE PETITIONER SOCIETY TO CAST THEIR VOTE IN THE ELECTION SCHEDULE TO BE HELD ON 29.05.2025 TO THE RESPONDENT NO. 5 DCC BANK 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. Learned AGA accepts notice for Respondents No.1, 3 and 4. Sri.T.L.Kiran Kumar, counsel is directed to accept notice for Respondent No.2. Sri.Kalleshappa, counsel is directed to accept notice for Respondent No.5. - 3 - NC: 2025:KHC:16693 WP No. 12191 of 2025 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R3 and R4 to accept the delegation form of petitioner society and permit the petitioner society to cast their vote in the election scheduled to be held on 29.05.2025 to the R5 DCC Bank. b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued. 3. The grievance of the Petitioner is that the election has been held to petitioner’s society subsequent to the cutoff date of providing the delegation form. The election has been held on 6.4.2025; the election to the post of the President was held on 14.4.2025 and thereafter resolution appointing delegate was made on 18.4.2025 which delegation was not accepted by Respondent on the ground that the last date for submission of delegate form expired on 26.3.2025 4. Taking into consideration the circumstances and factual aspects, it is seen that the Society or its Board of Directors are not to blame for the delay in the elections to be held and that in a democratically - 4 - NC: 2025:KHC:16693 WP No. 12191 of 2025 elected system, it would be required for the Petitioner to be able to nominate its delegate to the union/federal society. Non-nomination of the said delegate would result in the representative of the petitioner not being represented in the union/federal society. 5. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) A mandamus is issued directing Respondents No.3 and 4 to accept the delegation form of the petitioner’s society and permit the delegate of petitioner’s society to cast his/her vote in the election scheduled to be held on 28.5.2025 to Respondent No.5-society. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 4 Sl No.: 1