- 1 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100209 OF 2025 (CS-EL/M) BETWEEN: 1. SONU S/O. DHULU PHONDE AGE: 39 YEARS, OCC: AGRICULTURE R/O.: TIMBHOLI, JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 2. SMT. RESHMA W/O. SANTHOSH GAVADE AGE: 44 YEARS, OCC: HOUSEWIFE R/O.: MAIN ROAD RAMANAGAR, JAGALBET SUPA, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 3. PRAMILA W/O. PARSHURAM SHINDHE AGE: 60 YEARS, OCC: HOUSEWIFE R/O.: OLD PLOT 3RD CROSS, JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 4. VAIJANATHA S/O. VITHOBA BENKE AGE: 60 YEARS, OCC: AGRICULTURE R/O.: HOUSE NO. 106, JANATHA PLOT, 2ND CROSS, JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 5. NAMADEV S/O. BABALO NAIK AGE: 60 YEARS, OCC: AGRICULTURE R/O.: BHATKANDEWADA, VAINI, UTTARA KANNADA DISTRICT – 581 129 …PETITIONERS (BY SRI GIRISH V. BHAT, ADVOCATE) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:34:01 +0530 - 2 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, 6TH FLOOR, BENGALURU – 560 001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA NO. 1, ALI- ASKAR ROAD, BENGALURU – 560 052 3. CO-OPERATIVE ELECTION AUTHORITY, REP. BY ITS SECRETARY, 3RD FLOOR, SHANTINAGAR, T.T.M.C., ‘A’ BLOCK, SHANTINAGAR, BENGALURU – 560 027 4. DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UTTARA KANNADA, KARWAR DIST: UTTARA KANNADA – 581 301 5. RETURNING OFFICER, ADARSH VIVIDODDESH PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGH NIYAMITHA, JAGALBET, TQ. JOIDA, DIST: UTTARA KANNADA AND SALE OFFICER ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE, KARWAR DIST: UTTARA KANNADA – 581 301 6. ADARSHA VIVIDODDESH PRATHAMIKA GRAMINA KRUSHI SAHAKAR SANGH NIYAMITHA, JAGALBET, REP. BY ITS CHIEF EXECUTIVE OFFICER TQ.: JOIDA, DIST: UTTARA KANNADA – 581 129 7. DILEEP S/O. NARAYAN GANJEKAR AGE: 44 YEARS, OCC: LABOUR R/O.: JAGALBET VILLAGE, JOIDA TALUK, - 3 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 UTTARA KANNADA DISTRICT – 581 129 8. JITIN A. KADAM AGE: 40 YEARS, OCC: AGRICULTURE R/O.: JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 9. CHANDRAKANTH L. CHONDARI AGE: 70 YEARS, OCC: AGRICULTURE R/O.: JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 10.MARUTHI G. TAMBE AGE: 70 YEARS, OCC: AGRICULTURE R/O.: DURGI VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 11.MARUTHI S/O. VITTAL HANBAS AGE: 45 YEARS, OCC: AGRICULTURE R/O.: JANTA PLOT, JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 12.SADANAND G. MADIWAL AGE: 48 YEARS, OCC: AGRICULTURE R/O.: VAINEE VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 13.CHANDRABHAGA P. KOKITKAR AGE: 42 YEARS, OCC: AGRICULTURE R/O.: JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 14.RADHIKA W/O. RAJU GURAV AGE: 38 YEARS, OCC: AGRICULTURE R/O.: JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 15.NINGAPPA G. KUMBHAR AGE: 50 YEARS, OCC: AGRICULTURE R/O.: JAGALBET VILLAGE, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 16.SUNIL A. PEDNEKAR AGE: 38 YEARS, OCC: AGRICULTURE R/O.: VAIJGAON VILLAGE, JOIDA TALUK, - 4 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 UTTARA KANNADA DISTRICT – 581 129 17.DURGAPPA S. NAIK AGE: 65 YEARS, OCC: AGRICULTURE R/O.: ILAKQ, GANESHGAD, JOIDA TALUK, UTTARA KANNADA DISTRICT – 581 129 …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI MALLIKARJUNASWAMY B. HIREMATH AND SRI VISHWANATH HEGDE, ADVOCATE FOR R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED DECLARATION OF THE ELECTED CANDIDATES VIDE ANNEXURE-C DATED 28-12-2024 BY THE 5TH RESPONDENT AS ILLEGAL. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED PUBLICATION DATED 10-01-2025 FIXING THE DATE OF ELECTION TO ELECT THE ADHYAKSHA AND UPADHYAKSHA TO THE 6TH RESPONDENT SOCIETY ON 20-01-2025 VIDE ANNEXURE-E BY THE 5TH RESPONDENT AS ILLEGAL. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE 5TH RESPONDENT RETURNING OFFICER TO DECLARE THE FRESH RESULT BY ONLY CALCULATING THE VOTES CASTED BY THE ELIGIBLE MEMBERS AS PER THE INTERIM ORDER OF HON’BLE COURT IN WP 107980/2024 VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers : I. Issue a writ or a direction or an appropriate order in the nature of certiorari quashing the impugned declaration of the elected candidates vide Annexure- C dated 28-12-2024 by the 5th respondent as illegal. II. Issue a writ or a direction or an appropriate order in the nature of certiorari quashing the impugned Publication dated 10-01-2025 fixing the date of election to elect the Adhyaksha and Upadhyaksha to the 6th respondent society on 20-01-2025 vide Annexure-E by the 5th respondent as illegal. III. Issue a writ or a direction or an appropriate order in the nature of Mandamus Directing the 5th respondent Returning officer to declare the fresh result by only calculating the votes casted by the eligible members as per the Interim order of Hon’ble Court in WP 107980/2024 vide Annexure-A. IV. Pass such other orders and grant such other relief’s to the petitioners deemed fit and proper in the circumstances of the case in the interest of justice equity. 2. Heard Sri Girish V. Bhat, learned counsel for petitioners, Smt. Keerthilatha R. Patil, learned HCGP for respondent No.1 and Sri Mallikarjunswamy B. Hiremath, - 6 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 learned counsel appearing for Sri Vishwanath Hegde, learned counsel for respondent No.11. 3. The petitioners are before this Court contending that the order dated 28.12.2024 has been violated. 4. This Court had permitted the members of the respondent-Society to cast their votes and the votes so cast, to be kept separately and not to count those votes. The petitioners along with others signed on the document and presented the same to the Returning Officer to count all the votes and they had no objection for such counting. The counting has resulted in the results of the election being declared. The results have gone against the petitioners. Therefore, the petitioners are presenting the subject petition contending that the action of Returning Officer violates the order passed for this Court. Since the petitioners themselves are signatories to the document which requested the Returning Officer to count the vote and announce the results, the petition does not merit any consideration as the petitioners cannot blow hot and cold. - 7 - NC: 2025:KHC-D:727 WP No. 100209 of 2025 The petitioners are reserved liberty to avail such remedy as available in law. The petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 17