- 1 - NC: 2025:KHC-D:1833 WP No. 100555 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100555 OF 2025 (CS-EL/M) BETWEEN: SIMON LEEN DSOUZA, AGE: 53 YEARS, OCC: ADVOCATE, R/O: PURVARGA, TQ: BHATKAL, DIST: UTTARA KANNADA – 581 320. …PETITIONER (BY SRI D. J. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU – 580 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU – 560 001. 3. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU – 560 002, REPRESENTED BY ITS COMMISSIONER. 4. THE ELECTION OFFICER, UTTARA KANNADA, DIST: KARWAR. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1833 WP No. 100555 of 2025 5. THE RETURNING OFFICER, THE URBAN CO-OPERATIVE BANK LTD BHATKAL AND SALES OFFICER SAHAKAR DIVISION ASSISTANT REGISTRAR OFFICE KUMTA, TQ.KUMTA, DIST. UTTARA KANNDA – 581 332. 6. ASSISTANT RETURNINGN OFFICER, THE URBAN CO-OPERATIVE BANK LTD BHATKAL AND FDA, CO-OPERATIVE SOCIETIES, ASSISTANT REGISTRAR OFFICE, KUMTA, TQ: KUMTA, DIST. UTTARA KANNDA – 581 332. 7. GENERAL MANAGER, THE URBAN CO-OPERATIVE BANK LTD BHATKAL, TQ:BHATKAL, DIST: UTTARA KANNDA – 581 320. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARY SET ASIDE THE ORDER PASSED BY THE R-5 VIDE ANNEXURE-D. ISSUE A WRIT OF APPROPRIATE NATURE OF MANDAMUS DIRECTING THE R-5 TO CONSIDER THE VIDE ANNEXURE-A SAME BY ALLOWING THE ABOVE WRIT PETITION, IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:1833 WP No. 100555 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ of certiorary set aside the order passed by the R-5 vide Annexure-D. B. Issue a writ of appropriate nature of mandamus directing the R-5 to consider the vide Annexure-A same by allowing the above writ petition, in the interest of justice. C. Pass such other orders are this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 2. Learned counsel for the petitioner would restrict his prayer for a direction to consider the representation that he has submitted in terms of Annexure-C. It is the case of the petitioner that, his nomination has been rejected erroneously and therefore, before the date of the election his representation needs to be considered. - 4 - NC: 2025:KHC-D:1833 WP No. 100555 of 2025 3. In the light of the circumstance, I deem it appropriate to direct respondents to consider the representation of the petitioner as founded in Annexure-C. 4. Learned counsel would submit that what has been considered and rejected on 26.01.2025 is the nomination filed as a Category-B and the present representation is preferred seeking to consider the nomination of the petitioner that is filed in General Category. Therefore, the respondents shall consider the representation of the petitioner and pass necessary orders in accordance with law before the date of the election. The impugned endorsement stands undisturbed. Ordered accordingly SD/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 2 Sl No.: 4