- 1 - NC: 2025:KHC:18353 WP No. 14112 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14112 OF 2025 (CS-RES) BETWEEN: 1. SRI. CHANNEGOWDA. M. S/O LATE MARIVENKATEGOWDA, AGED ABOUT 48 YEARS, R/AT NO. 117, KADLUR VILLAGE POST, CHANNAPATNA TALUK, KASABA HOBLI, RAMANAGAR-562160. 2. SRI. SHIVALINGA, S/O MUDDELLEGOWDA, AGED ABOUT 69 YEARS, R/AT KUDLUR VILLAGE, CHANNAPATNA TALUK, RAMANAGAR-562160. SENIOR CITIZEN NOT CLAIMED 3. SRI. SAMPATHU.S, S/O SIDDAIAH, AGED ABOUT 35 YEARS, R/AT NO.35, KADLUR VILLAGE AND POST, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGAR-562 160. 4. SMT. MAMATHA.G.N, W/O K.R.DINESH, AGED ABOUT 33 YEARS, R/AT NO.80, KOODLURU VILLAGE AND POST, CHANNAPATNA TALUK, KASABA HOBLI, RAMANAGAR-562 160. 5. SMT. MAMATHA, D/O NANJUNDAIAH, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18353 WP No. 14112 of 2025 AGED ABOUT 46 YEARS, R/AT KUDLUR VILLAGE, CHANNAPATNA TALUK, RAMANAGAR-562 160. 6. SRI. KRISHNA.V, S/O LATE VENKATESH, AGED ABOUT 41 YEARS, R/AT KUDLUR VILLAGE AND POST, CHANNAPATNA TALUK, RAMANAGAR-562 160. 7. SRI. K.S.GOVINDARAJU, S/O C.SEETHARAMU, AGED ABOUT 49 YEARS R/AT NO.73, KADLUR VILLAGE AND POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 8. SRI SRINIVAS S/O LATE VENKATAPPA AGED ABOUT 54 YEARS R/AT NO. 153. HAROGERE BEEDI, KADLUR. CHANNAPATNA TALUK, RAMANAGAR-562160. 9. SMT. VARALAKSHMI, W/O SATHISH K.R. AGED ABOUT 35 YEARS R/AT KADLUR VILLAGE, CHANNAPATNA TALUK, RAMANAGAR-562160. …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. - 3 - NC: 2025:KHC:18353 WP No. 14112 of 2025 2. THE REGISTRAR CO-OPERATIVE SOCIETIES ALI ASKER ROAD BANGALORE-560051. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB DIVISION RAMANAGARA-562159. 4. THE KODULURU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, CHANNAPATTANA TALUK RAMANAGARA DISTRICT-562159 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REP. BY ITS SECRETARY. 5. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562159. 6. THE BANGALORE URBAN, BANGALORE RURAL AND RAMNAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS CO-OPERATIVE SOCIETY M.H MARIGOWDA ROAD, DR COLLEGE POST BANGALORE 560029 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT. PRATHIMA HONNEPUR, AAG A/W SRI. BHOJEGOWDA T KOLLER, AGA FOR R1 TO R3 & R5; SRI. B L SANJEEV, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD. 25.04.2025 BEARING NO. SANIRA- 46/NOTISU/2025-26 PASSED BY R-3 VIDE ANNX-C. - 4 - NC: 2025:KHC:18353 WP No. 14112 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI ORAL ORDER Heard learned counsel for petitioners and learned Advocate General for respondents-State. 2. The petitioners herein for one or the other reason are likely to be disqualified in the elections. 3. It is the case of the petitioners that they may not be permitted to vote as there is various other factors leading to it, including certain misappropriation, and the previous conduct, and that they had not attended the meetings. 4. The question whether they are to be permitted to vote or not? is the matter which has to be determined by the Assistant Registrar of Co-operative Societies. 5. If for any reason, the Assistant Registrar of Co- operative Societies holds that these petitioners are disqualified, the right of hearing and an opportunity for them would be ended. In that view of the matter, an interim arrangement has to be made. Hence, the following; - 5 - NC: 2025:KHC:18353 WP No. 14112 of 2025 ORDER i) The petitioners be permitted to cast their votes in the election to be held on 25.05.2025. ii) The votes cast by the respective petitioners be kept in a separate ballot box and shall continue to be retained in a separate box until the disposal of the dispute if any raised between the petitioners and the Co-operative Society. iii) The Assistant Registrar of Co-operative Societies, shall decide the matter regarding qualification of the petitioners to vote in a time bound manner and in all the probabilities not more than 15 days from the date of this order. iv) After such finding the ballot box which has been kept separately be considered in accordance with the order passed by the Assistant Registrar of Co- operative Societies. - 6 - NC: 2025:KHC:18353 WP No. 14112 of 2025 v) In other words, the counting of the votes will take place after the Assistant Registrar of Co- operative Societies give such a finding. vi) The Returning Officer is at liberty to declare the results if the winning margin is more than the votes kept in the separate ballot box. Accordingly, the petition is disposed of. Sd/- (C M JOSHI) JUDGE SRK List No.: 1 Sl No.: 262