- 1 - NC: 2025:KHC:18359 WP No. 14247 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. 14247 OF 2025 (CS-RES) BETWEEN: 1. SRI.JAYAMUTHU H.C. S/O CHIKKANNEGOWDA, AGED ABOUT 44 YEARS, PRESIDENT/DELEGATE, HAROHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, CHANNAPATNA TALUK, RAMANAGAR-562160. 2. SRI. SOMASHEKHAR H.S. S/O SIDDALINGEGOWDA, AGED ABOUT 41 YEARS, R/AT HAROHALLI VILLAGE, CHANNAPATNA TALUK, RAMANAGAR-562160, 3. SRI. MUTHURAJ H.S, S/O SIDDEGOWDA, AGED ABOUT 47 YEARS, R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 4. SRI. CHIKKAHAIDAIAH, S/O CHALLAIAH, AGED ABOUT 60 YEARS, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18359 WP No. 14247 of 2025 R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 5. SRI. SIDDEGOWDA, S/O SIDDEGOWDA, AGED ABOUT 70 YEARS, R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 6. SRI. SHIVARAJU. S/O SUBBEGOWDA. AGED ABOUT 55 YEARS. R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK. RAMANAGAR-562160. 7. SMT. SUNDARAMMA. W/O SHANKARA, AGED ABOUT 44 YEARS, R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 8. SRI. T. RAMEGOWDA, S/O THAMMEGOWDA, AGED ABOUT 62 YEARS, R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 9. SMT. ANUSUYA. W/E MUTHURAJU, AGED ABOUT 45 YEARS, - 3 - NC: 2025:KHC:18359 WP No. 14247 of 2025 R/AT HAROHALLI VILLAGE, SULLERI POST, CHANNAPATNA TALUK, RAMANAGAR-562160. 10. SMT. UMA S. W/O H.K. PUTTASWAMY, AGED ABOUT 42 YEARS, R/AT HAROHALLI VILLAGE, SULLERI POST, 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. 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 HAROHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD, VIRUPAKSHIPURA HOBLI, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT-562159, - 4 - NC: 2025:KHC:18359 WP No. 14247 of 2025 REPRESENTED BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, 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, REPRESENTED BY ITS SECRETARY. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL A/W SRI. BHOJEGOWDA T KOLLER, AGA FOR R1 TO R3 AND 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-F. THIS PETITION, COMING ON FOR PRILIMINARY 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. - 5 - NC: 2025:KHC:18359 WP No. 14247 of 2025 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; 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 - 6 - NC: 2025:KHC:18359 WP No. 14247 of 2025 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. 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. - 7 - NC: 2025:KHC:18359 WP No. 14247 of 2025 Accordingly, the petition is disposed of. Sd/- (C M JOSHI) JUDGE SRK List No.: 1 Sl No.: 268