- 1 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.14060 OF 2025 (CS-EL/M) BETWEEN: SRI.B.G.RAMESH S/O SRI. GANGANNA AGED ABOUT 48 YEARS, SHARE ACCOUNT NO.106, R/O BENNAPPANA PALYA, DODDASOMANAHALLI POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131 …PETITIONER (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO OPERATION, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTINAGAR, TTMC, K.H.B. ROAD, BENGALURU - 560 027. REP. BY ITS CHAIRMAN. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGAR SUB-DIVISION, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 RAMANAGAR - 562 159. 4. MANAGING DIRECTOR THE BAMUL DR. M.H. MARIGOWDA ROAD, DR COLLEGE POST, BENGALURU - 560 029. 5. THE CHIEF EXECUTIVE, MALLASANDRA MILK FED RISER CO-OPERATIVE SOCIETY, MALLASANDRA, DODDASOMANAHALLI POST, TIPPASANDRA POST, MAGADI TALUK, RAMANAGAR DISTRICT - 562 131 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) …RESPONDENTS (BY SRI. KIRAN KUMAR, HCGP FOR R1 TO R3 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, RAYING TO QUASH/SET-ASIDE THE ORDER ISSUED BY THE RESPONDENT NO.3 DATED 23.04.2025 VIDE ANNEXURE-E DECLARING IT AS NULL AND VOID INSOFAR AS THE PETITIONER IS CONCERNED; PERMIT THE PETITIONER-MEMBER DETAILED IN THE IN-ELIGIBLE LIST DATED 06.05.2025 AS PER ANNEXURE- G TO CONTEST/VOTE IN THE ENSUING ELECTION OF THE BAMUL SOCIETY OF KUDURU CONSTITUENCY BEARING CODE OF THE SOCIETY NO.2221 WHICH IS SCHEDULE ON 25.05.2025 AS PER NOTIFICATION DATED 04.02.2025 VIDE ANNEXURE-F; AND ETC. - 3 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner is before this Court, seeking following reliefs: "a. To quash/set-aside the order issued by the respondent No.3 dated 23.04.2025 vide Annexure-E, declaring it as null and void insofar as the petitioner is concerned; b. Permit the petitioner member detailed in the in- eligible list dated 06.05.2025 as per Annexure-G to contest/vote in the ensuing election of the BAMUL Society of Kuduru Constituency bearing code of the Society No.2221, which is scheduled on 25.05.2025 as per Notification dated 04.02.2025 vide Annexure- F." 2. The petitioner claims to be the share holder, member and the President of the respondent No.5-Society. It is alleged that the respondent No.3-Assistant Registrar of Co-operative Society, Ramanagar Sub-Division, without issuing notice to the petitioner has passed an order dated 23.04.2025 (Annexure-E), disqualifying the petitioner from the post of the Director and the President for three years. - 4 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 3. That an election notification dated 04.02.2025 with the calendar of events has been issued as per Annexure-F for elections to the Federation of Bangalore Urban, Rural and Ramanagar District Milk Producers Cooperative Society. 4. Learned counsel for the petitioner submits that consequent to the aforesaid order of disqualification of the petitioner, the name of the petitioner has not been included in the list of eligible voters and as such, he has become ineligible either to contest or to cast his vote in the ensuing elections. It is further submitted that the petitioner is intending to contest as well as to cast his vote as a Member in the ensuing election scheduled to be held on 25.05.2025 as per Notification dated 04.02.2025 (Annexure-F). Hence, he submits that there is urgency in the matter. 5. Learned High Court Government Pleader for respondents 1 to 3 and 5 submits that the elections have already commenced and the petitioner has an alternative - 5 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959 (Act, 1959 for short) to seek redressal of his grievances. 6. Heard and perused the records. 7. Petitioner is essentially questioning the order dated 23.04.2025 passed by the respondent No.3- Assistant Registrar of Cooperative Society in exercise of his power under Section 29C of the Act, 1959, disqualifying the membership and the post of the petitioner, consequent of which the name of the petitioner is not included in the list of eligible voters. Besides, petitioner is also seeking inclusion of his name in the list of eligible voters and permission to contest the ensuing election to the Federation of the Bangalore Urban, Rural and Ramanagar District Milk Producers Cooperative Society to be held on 25.05.2025. 8. Any order passed under Section 29C of the Act, 1959, is appealable in terms of Section 106 of the Act, - 6 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 1959. Thus, there is an alternative, effective and efficacious statutory remedy provided under the Act, 1959. 9. As regards issue pertaining to process of election, this Court in the case of MOHAMMAD BARY AND OTHERS vs. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION AND OTHERS in Writ Petition No.29271/2023 and connected petitions disposed of on 28.12.2023 has held that the challenge to the process of election and any dispute arising in connection with the election which included preparation of Electoral Rolls can be made under the provisions of Section 70 of the Act, 1959 and Rules framed thereunder. That apart, it is a settled position of law that once the process of election is set in motion, the same cannot be ordinarily interfered with. 10. No compelling circumstances or grounds are made out requiring interference in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. - 7 - NC: 2025:KHC:18233 WP NO.14060 OF 2025 11. In that view of the matter, reserving liberty to the petitioner to avail such remedy as may be available under Section 70 of the Act, 1959, writ petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE ARK List No.: 1 Sl No.: 148