- 1 - NC: 2025:KHC:18362 WP No. 15042 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. 15042 OF 2025 (CS-RES) BETWEEN: 1. SRI. RAJU M H S/O HONNEGOWDA AGED 50 YEARS PRESIDENT/DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 2. SRI. DHORESWAMY M H S/O LATE HANUMEGOWDA AGED 49 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 3. SRI. ANKEGOWDA S/O DODDAANKEGOWDA AGED 64 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18362 WP No. 15042 of 2025 RAMANAGARA DISTRICT 562160 4. SRI. HONNEGOWDA S/O THIBBEGOWDA AGED 47 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 5. SRI. DESHIGOWDA S/O MARIKADEGOWDA AGED 65 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 6. SMT. SHANTAMMA W/O CHANNAKEGOWDA AGED 62 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 7. SMT. RATHNAMMA W/O CHIKKADYAVEGOWDA AGED 55 YEARS DIRECTOR - 3 - NC: 2025:KHC:18362 WP No. 15042 of 2025 MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 8. SMT. JAYARATHNA W/O VENKATESH AGED 47 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 9. SRI. ADHISHESHA D S/O DODDASHETTI AGED 46 YEARS DIRECTOR MUDUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE. 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. - 4 - NC: 2025:KHC:18362 WP No. 15042 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-562160. 4. THE MUDHUGERE MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562160 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 - 5 - NC: 2025:KHC:18362 WP No. 15042 of 2025 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 ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DTD 25.04.2025 BEARING NO. SANIRA-46/NOTISU/2025-26 PASSED BY THE R-3 VIDE ANX-C AND ISSUE ANY WRIT OR ORDER OF DIRECTION AS THIS COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, 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. - 6 - NC: 2025:KHC:18362 WP No. 15042 of 2025 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 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 - 7 - NC: 2025:KHC:18362 WP No. 15042 of 2025 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. Accordingly, the petition is disposed of. Sd/- (C M JOSHI) JUDGE SRK List No.: 1 Sl No.: 109