- 1 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100314 OF 2025 (CS-EL/M) BETWEEN: 1. BASAVANT S/O KAREPPA METRI AGE: 45 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 63. 2. SATTEPPA S/O HANAMAPPA AVARADI AGE: 24 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 66. 3. HANAMANT S/O MALIYAPPA BELAKOPPA AGE: 43 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 68 4. SATTEPPA S/O HUCHCHAPPA PUJARI AGE: 49 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 70. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:51 +0530 - 2 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 5. KALLOLEPPA S/O SATTEPPA KOLAKAR AGE: 35 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 73. 6. SATTEPPA S/O VENKAPPA PATIL AGE: 30 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 74 7. BASAPPA S/O GOUDAPPA BADNUR AGE: 26 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 75. 8. RAYAPPA S/O SHIDDAPPA MUGALI AGE: 30 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 76. 9. GEETA W/O SATTEPPA AVARADI AGE: 27 YEARS, OCCUPATION: HOUSEWIFE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 78. 10. HANAMANT S/O MALLAPPA SHIROL AGE: 37 YEARS, OCCUPATION: AGRICULTURE - 3 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 81. 11. KAREPPA S/O IRAVVA NAGAVVAGOL AGE: 38 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 83. 12. HALAPPA S/O MAYAPPA MUGALI AGE: 58 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 84. 13. VENKAPPA S/O RUDRAPPA DASANNAVAR AGE: 27 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 85. 14. HOLEPPA S/O BASAPPA BARADELI URF TELI AGE: 22 YEARS, OCCUPATION: AGRICULTURE R/O: MELLIGERI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 86. 15. MALLAPPA S/O HANAMANT HOOVANNAVAR AGE: 30 YEARS, OCCUPATION: AGRICULTURE - 4 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 24. 16. DURAGAPPA S/O NADUGIREVVA HOOVANNAVAR AGE: 35 YEARS, OCCUPATION: AGRICULTURE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 28. 17. DURGAVVA D/O HIRAGAVVA METRI AGE: 64 YEARS, OCCUPATION: HOUSEWIFE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 54. 18. MALLAVVA W/O HIRAGAPPA HANAMANNAVAR AGE: 35 YEARS, OCCUPATION: HOUSEWIFE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 36. 19. SONAVVA W/O HIRAGAPPA HANAMANNAVAR AGE: 65 YEARS, OCCUPATION: HOUSEWIFE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 37. 20. MAHADEV S/O BALAPPA PUJARI AGE: 36 YEARS, OCCUPATION: AGRICULTURE R/O: MANTUR VILLAGE - 5 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 107. 21. YALLAPPA S/O SABU TEGGI AGE: 35 YEARS, OCCUPATION: AGRICULTURE R/O: MANTUR VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 101. 22. SHEKHAVVA W/O MARIYAPPA HANAMANNAVAR AGE: 48 YEARS, OCCUPATION: HOUSEWIFE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 21. 23. NAGAPPA S/O VEERAPPA HADAPAD AGE: 39 YEARS, OCCUPATION: AGRICULTURE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 16 24. SURESH S/O VEERAPPA HADAPAD (NAAVI) AGE: 28 YEARS, OCCUPATION: AGRICULTURE R/O: HALAGALI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 17. 25. SATTEPPA S/O SHETTEPPA HANAMANNAVAR AGE: 47 YEARS, OCCUPATION: AGRICULTURE R/O: HALAGALI VILLAGE TALUK: MUDHOL - 6 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 DISTRICT: BAGALKOT SL NO. 50. 26. KRUSHNAPPA S/O YAMANAPPA MADAR AGE: 31 YEARS, OCCUPATION: AGRICULTURE R/O: KISHORI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 144. 27. SHRISHAIL S/O MURIGEPPA TAVASHI AGE: 28 YEARS, OCCUPATION: AGRICULTURE R/O: KISHORI VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 143. 28. DURGAPPA S/O DUNDAPA MAANG AGE: 46 YEARS, OCCUPATION: AGRICULTURE R/O: BUDNI P.M. VILLAGE TALUK: MUDHOL DISTRICT: BAGALKOT SL NO. 136. …PETITIONERS (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, VIDHANA SOUDHA, BANGALORE- 01 2. THE STATE CO- OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING BENGALURU – 560002, REPRESENTED BY ITS COMMISSIONER. - 7 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT DISTRICT BAGALKOT - 587313. 4. THE ELECTION OFFICER TALUKA LEVEL, AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY CO-OPERATIVE BANK, BELAGAVI DISTRICT- 587313. 5. THE RETURNING OFFICER, MUDHOL TALUKA PRATHAMIKA SAHAKARI KRUSHI, AND GRAMEENA ABHIVRUDDI BANK NIYAMITA, MUDHOL, TALUK-MUDHOL AND DISTRICT- BAGALKOT- 587313. 6. THE MUDHOL TALUKA PRATHAMIKA SAHAKARI KRUSHI AND GRAMEENA ABHIVRUDDI BANK NIYAMITA, MUDHOL, TALUK-MUDHOL AND DISTRICT- BAGALKOT- 587313, REPRESENTED BY CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1, R3, SRI G. V. BHARAMAGOUDA, ADVOCATE FOR R2 & R4, NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE BORROWERS VOTER LIST AND TO PERMIT THE PETITIONERS TO CAST THE VOTE IN THEIR ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 6TH RESPONDENT BANK SCHEDULE TO BE HELD ON 19/01/2025 AS PER THE CALENDAR OF EVENTS DATED 02/01/2025 PUBLISHED BY THE 5TH RESPONDENT VIDE ANNEXURE-A BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF - 8 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 JUSTICE. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 5TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 6TH RESPONDENT BANK AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers: 1. Issue a writ in the nature of Mandamus directing the respondents to include the names of the Petitioners in the final eligible borrowers voter list and to permit the petitioners to Cast the Vote in their Election to the Committee of Management of the 6th respondent bank schedule to be held on 19/01/2025 as per the calendar of events dated 02/01/2025 published by the 5th respondent vide ANNEXURE-A by allowing this writ petition in the interest of justice. 2. To issue writ in the nature of mandamus directing the 5th respondent to declare the election results of the 6th respondent bank after completion of the election process in accordance with law. 2. This Court in terms of the order dated 17.01.2025, had permitted the petitioners to vote by the following order: “The petitioners are before this Court seeking a direction to respondents to permit them to cast vote in - 9 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 the ensuing election to the committee of management of the sixth respondent-Society. The learned counsel for the petitioners would rely on the interim orders granted by the Coordinate Benches on 18.12.2024 and 04.01.2025. Learned AGA would however submit that the Division Bench in terms of its order dated 06.12.2024 has not permitted such an action of contesting of elections. Learned counsel appearing for respective parties would submit that to the order passed on 04.01.2025, the order of the Division Bench dated 06.12.2024 was brought to its notice and the order is passed. In that light, I deem it appropriate to quote the order passed by the Coordinate Bench on 18.12.2024, the order reads as follows: In view of the submission made in respect of office objection at Sl.No.19, the said office objection is overruled. In view of the submission made in respect of office objection at Sl.No.27, the said office objection is overruled for the present. Learned AGA takes notice for respondent Nos.1 and 3. 2. Learned counsel Sri G. V. Bharamagouda is requested to take notice for respondent Nos.2 and 4. 3. Issue emergent notice to respondent No.5. 4. Requisite process fee to be furnished within three days. 5. Learned counsel for the petitioner seeking for grant of interim relief submits that - 10 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 out of total number of 299 voters, 287 voters have been listed as ineligible voters in terms of Annexure-B to the writ petition. The petitioners are also alleges violation of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 . The petitioner also seeks permission to contest as well as cast his vote. 6. In view of the aforementioned, the following: ORDER a) The petitioner is permitted to vote and contest in the election scheduled to be held on 29.12.2024 pursuant to the calendar of events dated 04.12.2024 (Annexure-A to the writ petition). b) The votes polled in favour of the petitioner shall be kept in a separate sealed cover and made available to this Court on the next date of hearing. c) A direction is issued to the 5th respondent/Society to place on record compliance of Rule 13-D(2-A) of the Rules insofar as the petitioner is concerned on the next date of hearing. d) The results of the election shall not be announced without the leave of the Court and the same shall be subject to the result of the present writ petition. I deem it appropriate to grant the same benefit that is granted to those petitioners, only of voting rights, in those petitions to the petitioners in the subject petition. “ - 11 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 3. Voting is over so are the elections. What governs now is the order passed by the Coordinate Bench in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows: “8. In the light of these rival submissions, the question for consideration is: Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners. 9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder: (3) The Election Officer shall take steps for publication of voters list in the following manner, namely:- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies - 12 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election. (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. The underlining is by this Court. 10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated 8.11.20211 does not meet these requirements. In 1 This Public Notice reads as follows: ¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï- 16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ. ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ - 13 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 fact, it is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices. 11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows: ‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of ¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ. vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ. - 14 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society. 12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal. 12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act2. 2 70. Disputes which may be referred to Registrar for decision.- (1) Notwithstanding anything contained in any law for the time being - 15 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co-operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,— (a) xxxxxxxxx (2). For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:— (a). XXXXXXXXXXX (b). XXXXXXXXXXXXX (c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society. - 16 - NC: 2025:KHC-D:3082 WP No. 100314 of 2025 Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record. Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.” 4. In the light of the said order, I deem it appropriate to observe all the contents of both the parties shall remain open to be agitated before the appropriate forum/fora. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 87 CT. GTB