- 1 - NC: 2025:KHC:17396 WP No. 12804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12804 OF 2025 (CS-EL/M) BETWEEN: ANAND T, S/O THIMME GOWDA, AGE 58 YEARS, R/AT HUSKUR, ARALUMALLIGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. …PETITIONER (BY SRI. STEEPHEN MATHEW, ADVOCATE FOR SRI. KARUNAKARA P, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECTARY FOR DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU - 560 001. 2. THE STATE ELECTION COMMISSION, BELLARY ROAD, SADASHIVANAGAR, BENGALURU. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU. 4. THE BENGALURU RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS FEDERATION, BENGALURU HALL, DR.M.H.MARIGOWDA ROAD, DR COLLEGE POST, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17396 WP No. 12804 of 2025 BENGALURU - 560 029. REPRESENTED BY ITS MANAGING DIRECTOR. 5. ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, ALI ASKAR ROAD, BENGALURU - 560 001. 6. RETURNING OFFICER APPOINTED FOR ELECTION OF BENGALURU, BENGALURU RURAL AND RAMANAGARA DISTRICT, BENGALURU - 560 001. 7. ASST. REGISTRARAR OF CO-OPEARATIVE SOCIETY, DODDABALLAPURA TALUK AND DISTRICT DODDABALLAPURA. 8. HUSKUR MILK PRODUCERS CO-OPERATIVE SOCIETY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HUSKUR, ARALUMALLIGE, DODDABALLAPURA TALUK, BENGALURU RURAL- 561 203. 9. ANJINAPPA R, S/O. RAMAKRISHNA, AGE MAJOR, R/AT HUSKUR, DODDABALLAPURA TALUK, BENGaLURU RURAL - 561 203. 10. MUNIRAJU.R. S/O. NARAYANAPPA, MAJOR, HUSKUR, DODDABALLAPURA TALUK, BENGALURU - 561 203. 11. RAMESH H.K, AGED 49 YEARS, S/O KRISHNAPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. - 3 - NC: 2025:KHC:17396 WP No. 12804 of 2025 12. RAJANNA AGED 70 YEAS, S/O HUCHCHPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 13. MUNIRAJA AGED ABOUT 45 YEARS, S/O THIMMAGOWDA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 14. MANJUNATH G AGED 56 YEARS, S/O GANGADHARAPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 15. YELLAPPA AGED ABOUT 60 YEARS, S/O DODDA MALLARAPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 16. MANJUNATHA B, AGED ABOUT 52 YEARS, C/O CHIKKABACHAPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 17. VENKAMMA AGED ABOUT 50 YEARS, C/O NANJEGOWDA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. - 4 - NC: 2025:KHC:17396 WP No. 12804 of 2025 18. ASHWATHAPPA AGED ABOUT 51 YEARS, S/O RAMAIAH, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 19. NAGARAJU H.M, AGED ABOUT 44 YEARS, S/O LATE MUNNIYAPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 20. JAYARAMAIAH AGED ABOUT 69 YEARS, S/O SAMPANGAPPA, HUSKUR, ARALUMALLIGE, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. 21. ASHWANI, W/O ANAND MURTHY, AGED MAJOR, HUSKUR, DODDABALLPURA TALUK, BENGALURU RURAL - 561 203. …RESPONDENTS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE FOR C/R9 AND C/R10; SRI. YOGESH D. NAIK, AGA FOR R1, R3, R5 TO R7; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 26.04.2025 NOTICE TO R4, R9 TO R21 DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO PERMIT THE R-4 TO CONSIDER THE DELEGATION OF THE PETITIONER FROM R-8 AND PERMIT HIM TO VOTE AND CONTEST IN THE ELECTION TO BE HELD ON 25.05.2025 AND ETC., - 5 - NC: 2025:KHC:17396 WP No. 12804 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 petitioner is before this Court seeking for the following reliefs: a. Issue Writ of mandamus to permit the respondent No.4 to consider the delegation of the petitioner from respondent No.8 and permit him to vote and contest in the election to be held on 25.05.2025. b. Issue any such other relief by this Hon'ble Court may be deems fit based on circumstances and facts of the case. 2. The petitioner had been co-opted as a Director to Respondent No.8-Society. The said co-option having been challenged before the Assistant Registrar of Co- operative Societies (for short, 'ARCS'), the co-option has been stayed and the proceeding are pending before the ARCS under a revision petition. 3. When the co-option of the petitioner as a Director has been stayed, the petitioner is no longer a Director of Respondent No.8-Society. - 6 - NC: 2025:KHC:17396 WP No. 12804 of 2025 4. In that view of the matter, the petitioner could not have filed the present petition seeking for mandamus to consider the delegation of the petitioner from Respondent No.8 -Society to vote and contest at the election to be held on 25.05.2025 to the Respondent No.4- Union. 5. It is for the petitioner to move the matter before the ARCS and contest the matter before the ARCS. Infact, there is no relief, which has been sought as regards the orders passed by the ARCS except to contend that the said order is illegal, arbitrary and without application of mind. Therefore, I am of the considered opinion that the above petition is a gross abuse of process of the Court and is dismissed as such. 6. Once earlier, the other Directors who had co-opted the petitioner had approached this Court without making the petitioner a party, challenging the said order, which has also been dismissed by this Court. - 7 - NC: 2025:KHC:17396 WP No. 12804 of 2025 The manner in which the earlier Writ Petition No.8198 of 2025 had been filed as also the present petition seeking for the aforesaid relief being a gross abuse of the process of the Court, the present petition cannot be entertained by this Court and as such, the above petition is dismissed by imposing a cost of Rs.1,00,000/- (Rupees One Lakh only) to be payable by the petitioner to the Karnataka Legal Services Authority, Bengaluru which shall be paid within a period of fifteen days from the date of receipt of copy of this order. If the said amount is not paid, the Karnataka Legal Services Authority would be entitled to recover the same as arrears of land revenue from the Petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 3 CT: BHK