- 1 - NC: 2025:KHC:3339 WP No. 35433 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.35433 OF 2024 (CS-EL/M) BETWEEN: SRI RAGHUVIR SHENOY S/O. SRI MADHAV SHENOY, AGED 45 YEARS, RESIDING AT 8-56/1, MAHALASA PRASAD, JAIN PET, MUNDKUR VILLAGE, MUNDKUR POST, KARKALA TALUK. ... PETITIONER (BY SRI SANDHYA U. PRABHU, ADVOCATE (VC)) AND: 1. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SOCIETIES, A BLOCK, 1ST FLOOR, RAJATHADRI, MANIPAL-576104. 2. SECRETARY/CHIEF EXECUTIVE OFFICER, MUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA LTD., REGD. UNDER CO-OPERATIVE SOCIETIES ACT, 1960 HEAD OFFICE, G.P. OFFICE ROAD, MUNDKUR-576121. ... RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R-1; SRI RAKSHITH KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE ISSUED BY R-2 DATED 04.12.2024 PUBLISHED IN UDAYAVANI NEWS PAPER, MANIPAL EDITION DATED 19.12.2024 PRODUCED AT ANNEXURE-B. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3339 WP No. 35433 of 2024 THIS WRIT PETITION COMING ON FOR DICTATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner–the member of the cooperative society-respondent No.2 seeks to challenge the notice published in Udayavani Newspaper, Manipal edition dated 19.12.2024 at Annexure-B 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3. It is the submission of the petitioner that Rule 13-E(2) (iii) of the Karnataka Co-Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short), provides 15 days clear notice to be given to the members before publication of the calendar of events. It is stated that the notice was issued to the members only on 17.12.2024 and the date of election was scheduled on 02.01.2025, thereby, the notice issued to the petitioner falls short of 15 - 3 - NC: 2025:KHC:3339 WP No. 35433 of 2024 days clear notice as envisaged under Rule 13-E(2) (iii) of the Karnataka Co-Operative Societies Act, 1959 (‘the KCS Act’, 1959 for short). 4. Per contra, learned counsel appearing for the State and respondent No.2-society submit that 15 days prior notice as envisaged under the terms of Rule 13-E(2) (iii) of the KCS Rules, 1960 has been complied and submit that there was no contest and the candidates were unanimously elected on 26.12.2024 itself and it is submitted that the writ petition has become infructuous. 5. The calendar of events was published on 04.12.2024 the candidates have been elected unanimously. The case of the petitioner is that the paper publication was issued on 19.12.2024, as such, Rule 13-E of the KCS Rules, 1960 was not complied and there was no 15 days prior notice to the petitioners. 6. If the petitioner is aggrieved about the non- issuance of the individual notice to the petitioner and - 4 - NC: 2025:KHC:3339 WP No. 35433 of 2024 about any election process being violated, it is for the petitioner to approach the appropriate forum as there is alternative mechanism provided under the KCS Act, 1959. The Apex Court in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another Vs. State of Maharashtra and others1 (Sant Sadguru) has held that breach or non-compliance with the mandatory provisions of rules during the preparation of electoral roll can be challenged in an election petition. The Apex court in the case of N.P.Ponnuswami Vs. Returning Officer2 (N.P.Ponnuswami) observed that whenever a remedy has been provided by an Act or Statute to challenge the outcome of the election or illegality committed during the course of the election, the extraordinary remedy of Article 226 should not be ordinarily exercised. In light of the settled proposition of law stated supra, the present writ petition seeking to challenge the non-compliance of 1 (2001) 8 SCC 509 2 1952 AIR 64 - 5 - NC: 2025:KHC:3339 WP No. 35433 of 2024 mandatory provisions is not maintainable and this Court pass the following: ORDER (i) Writ petition is hereby dismissed. (ii) Liberty is reserved to the petitioner to raise a dispute under Section 70(2)(c) of the KCS Act, 1959, if so advised, in accordance with law. MBM List No.: 2 Sl No.: 22 Sd/- ________________________ JUSTICE K.S. HEMALEKHA