- 1 - NC: 2025:KHC:18363 WP No. 14692 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. 14692 OF 2025 (CS-EL/M) BETWEEN: 1. PERESANDRA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA PERESANDRA VILLAGE, MANDIKALLU HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT 562104. REPTED BY ITS CHIEF EXECUTIVE OFFICER MUNIRAJU A V S/O VENKATARAMAPPA AGED ABOUT 48 YEARS. 2. SRI. KESHAVA REDDY S/O CHIKKANARAYANA REDDY AGED ABOUT 80 YEARS DIRECTOR OF PERESANDRA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA AND ALSO DELEGATE FOR KOLARA- CHIKKABALLAPURA DISTRICT CENTRAL CO-OP BANK LTD PERESANDRA VILLAGE, MANDIKALLU HOBLI CHIKKABALLAPURA TALUK AND DISTRICT-562 104. (PETITIONER NO.1 IS A CO-OPERATIVE SOCIETY REGISTERED UNDER KCS ACT, 1959) SENIOR CITIZEN BENEFIT NOT CLIMED. …PETITIONERS (BY SRI. M R RAJAGOPAL, SENIOR COUNSEL A/W SRI. ANAND P., ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18363 WP No. 14692 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION. M S BUILDING. DR B R AMBEDKAR VEEDHI, BENGALURU 01. REPTED BY ITS PRINCIPAL SECRETARY. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR T T M C, 'A' BLOCK, SHANTHI NAGAR BENGALURU-560 027 REP. BY ITS SECRETARY. 3. THE DEPUTY COMMISSIONER/ DISTRICT ELECTION OFFICER KOLARA DISTRICT, KOLARA-563 101. 4. THE RETURNING OFFICER KOLARA-CHIKKABALLAPURA DISTRICT CENTRAL CO-OP BANK LTD, AND ASSISTANT COMMISSIONER KOLARA SUB-DIVISION, KOLARA-563 101. 5. KOLARA-CHIKKABALLAPURA DISTRICT CENTRAL CO-OP BAND LTD POST BOX NO.11, DCC BANK ROAD KOLARA-563 101 REP. BY ITS MANAGING DIRECTOR (REGISTERED UNDER KCS 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, R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO. KCDCCB/YO AND A 160/2025-26 DATED 07.04.2025 ISSUED BY THE R-5 VIDE ANNEXURE -E. - 3 - NC: 2025:KHC:18363 WP No. 14692 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI ORAL ORDER Heard learned senior 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; - 4 - NC: 2025:KHC:18363 WP No. 14692 of 2025 ORDER i) The petitioners be permitted to cast their votes in the election to be held on *28.05.2025. 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. *corrected vide chamber's order dated 27.05.2025. - 5 - NC: 2025:KHC:18363 WP No. 14692 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.: 1.8