- 1 - NC: 2025:KHC:3338 WP No. 35929 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. 35929 OF 2024 (CS-EL/M) BETWEEN: 1. NIRMALA W/O. RAVI KUMAR AGED ABOUT 46 YEARS, MEMBER NO. 4697 2. NIRANJAN RAI S/O KAMALAKSHA RAI AGED ABOUT 46 YEARS MEMBER NO. 4677 3. VARIJA W/O SHUBHAKARA SHETTY AGED ABOUT 55 YEARS MEMBER NO.4652 4. NALINAKSHI W/O SHUBHAKARA SHETTY AGED ABOUT 38 YEARS MEMBER NO.4605 5. SHARADA W/O BEBI POOJARY AGED ABOUT 61 YEARS MEMBER NO.4614 6. SUJATHA W/O BALAKRISHNA AGED ABOUT 39 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3338 WP No. 35929 of 2024 MEMBER NO.4563 7. DINESH SHETTY S/O VITTALA SHETTY AGED ABOUT 44 YEARS MEMBER NO.4581 8. J RAGHAVENDRA RAI S/O RAMAYYA RAI AGED ABOUT 48 YEARS MEMBER NO.4528 9. SAVITHRI W/O DINESH SHETTY AGED ABOUT 55 YEARS MEMBER NO.4360 10. RATHNAKARA S/O THIMMAPPA SHETTY AGED ABOUT 42 YEARS MEMBER NO.4285 11. HARSHALA KUMARI W/O VIJAYA KUMAR AGED ABOUT 56 YEARS 12. LOHITH B S/O SESAPPA GOWDA AGED ABOUT 33 YEARS MEMBER NO.4250 13. ASHA W/O JANARDHANA NAIKA AGED ABOUT 41 YEARS MEMBER NO.4109 - 3 - NC: 2025:KHC:3338 WP No. 35929 of 2024 14. HARSHA SHETTY S/O NARAYANA SHETTY AGED ABOUT 46 YEARS MEMBER NO.4065 15. RAJANI W/O DINESH SHETTY AGED ABOUT 49 YEARS MEMBER NO.4067 16. VIJITH P SHETTY S/O PAVITHRA SHETTY AGED ABOUT 48 YEARS MEMBER NO.4026 17. SHANTHA G MELANTA W/O GOPALAKRISHNA MELANTA AGED ABOUT 68 YEARS MEMBER NO.4002 18. SHARATH KUMAR S/O DINESH SHETTY AGED ABOUT 32 YEARS MEMBER NO.4013 19. BEBI W/O RAMESH NAIKA AGED ABOUT 43 YEARS MEMBER NO.3941 20. BALAKRISHNA S/O DHARNAPPA POOJARY AGED ABOUT 42 YEARS MEMBER NO.3931 - 4 - NC: 2025:KHC:3338 WP No. 35929 of 2024 21. SURESH S/O DERANNA SHETTY AGED ABOUT 42 YEARS MEMBER NO.3903 22. PRADEEP S./O CHENNOJI ROA AGED ABOUT 35 YEARS MEMBER NO.3859 23. RATHNAKARA S/O GANGAYYA GOWDA AGED ABOUT 38 YEARS MEMBER NO.3761 24. SARITHA M W/O NIRANJAN RAI AGED ABOUT 38 YEARS MEMBER NO.3253 25. PADMANABHA S/O BANGARUSWAMY AGED ABOUT 60 YEARS MEMBER NO.3053 26. SANDEEP S/O SIDDAPPA GOWDA AGED ABOUT 29 YEARS MEMBER NO.3006 27. JAYANTHA SHETTY S/O NARAYANA SHETTY AGED ABOUT 48 YEARS MEMBER NO.2882 - 5 - NC: 2025:KHC:3338 WP No. 35929 of 2024 28. SURAKSHITH M S/O SIDDAPPA SHETTY AGED ABOUT 35 YEARS MEMBER NO.2787 29. SIDDARTH KUMAR K S/O DHANYARAJ N AGED ABOUT 42 YEAR S MEMBER NO.2784 30. BALAKRISHNA RAI S/O NARAYANA SHETTY AGED ABOUT 49 YEARS MEMBER NO.2556 31. SAHANA RAI W/O RADHAKRISHNA RAI AGED ABOUT 58 YEARS MEMBER NO.2406 32. SUNITHA SHETTY W/O SATHISH KUMAR AGED ABOUT 46 YEARS MEMBER NO.2306 33. GEETHA SHETTY W/O ARUNA SHETTY AGED ABOUT 50 YEAR S MEMBER NO.3666 34. LATHA W/O SUJAYA SHETTY AGED ABOUT 51 YEARS MEMBER NO.3667 - 6 - NC: 2025:KHC:3338 WP No. 35929 of 2024 35. PUSHPA W/O SANJEEVA NAIKA AGED ABOUT 49 YEARS MEMBER NO.3564 36. SHARATH KUMAR S/O JARAPPA NAIKA AGED ABOUT 26 YEARS MEMBER NO.3563 37. CHANDRAHASA S/O JANARDHANA NAIKA AGED ABOUT 45 YEARS MEMBER NO.3560 38. DHANYA P T S/O THIMMAYYA GOWDA AGED ABOUT 34 YEARS MEMBER NO.3514 39. JEEVAN KUMAR S/O DURGOJI RAO, AGED ABOUT 35 YEARS, MEMBER NO.3518 40. SHIVAPRASAD S/O KORAGU AGED ABOUT 32 YEARS MEMBER NO.3457 41. SHALINI W/O CHANDRASHEKAR SHETTY AGED ABOUT 52 YEARS MEMBER NO.3456 - 7 - NC: 2025:KHC:3338 WP No. 35929 of 2024 42. NAVEEN KUMAR S/O NEMIRAJ HEGDE, AGED ABOUT 50 YEARS MEMBER NO.3396 43. MAHESH S/O MADHAVA GOWDA AGED ABOUT 30 YEARS MEMBER NO.3358 44. PRASANNA S/O ANNI POOJARY AGED ABOUT 32 YEARS MEMBER NO.3352 45. SARASWATHI N SHETTY W/O NARAYANA SHETTY AGED ABOUT 68 YEARS MEMBER NO.3343 46. SEETHARAMA S/O KRISHNAPPA GOWDA AGED ABOUT 36 YEARS MEMBER NO.4593 47. PRAVEEN B S/O GIRIYAPPA GOWDA AGED ABOUT 35 YEARS MEMBER NO.4531 48. NALINI W/O SUNDARA GOWDA, AGED ABOUT 42 YEARS MEMBER NO.4204 - 8 - NC: 2025:KHC:3338 WP No. 35929 of 2024 49. GIRIJA W./O JINNAPPA GOWDA, AGED ABOUT 44 YEARS MEMBER NO.3919 50. SHIVAPRASAD S/O LOKAYYA GOWDA AGED ABOUT 38 YEARS MEMBER NO.3866 51. NEELAVATHI W/O KUSSALAPPA GOWDA AGED ABOUT 38 YEARS, MEMBER NO.3846 52. JAYASHREE W/O UMESH GOWDA AGED ABOUT 38 YEARS MEMBER NO.3820 53. USHA W/O POORNAPRASAD AGED ABOUT 38 YEARS MEMBER NO.3820 54. SUREKHA W/O PRAVEEN M AGED ABOUT 39 YEARS MEMBER NO.3454 55. DEVAKI W/O MAYILAPPA GOWDA AGED ABOUT 44 YEARS MEMBER NO.3450 - 9 - NC: 2025:KHC:3338 WP No. 35929 of 2024 56. POORNAPRASAD S/O LOKAYYA GOWDA AGED ABOUT 38 YEARS MEMBER NO.3312 57. KAMALA W/O THIMMAPPA GOWDA AGED ABOUT 56 YEARS MEMBER NO.3300 58. SUDARSHANA S/O KORAGAPPA GOWDA AGED ABOUT 35 YEARS MEMBER NO. 3286 59. ANANDA GOWDA S/O VENKAPPA GOWDA AGED ABOUT 47 YEARS MEMBER NO.2544 60. KUSUMA W/O DINAKARA GOWDA AGED ABOUT 62 YEARS MEMBER NO.1999 61. MOHINI W/O ANANDA GOWDA AGED ABOUT 64 YEARS MEMBER NO.1722 62. VANI W/O YADUMATHI GOWDA AGED ABOUT 53 YEARS MEMBER NO.2632 - 10 - NC: 2025:KHC:3338 WP No. 35929 of 2024 63. SAROJINI W/O UMESH GOWDA AGED ABOUT 46 YEARS MEMBER NO.2678 64. DEVANNA SHETTY S/O AITHAPPA SHETTY AGED ABOUT 75 YEARS MEMBER NO.458 65. SAROJA BHAT W/O VENKATARAMANA BHAT AGED ABOUT 74 YEARS MEMBER NO.503 66. BALAPPA GOWDA S/O JANU GOWDA AGED ABOUT 74 YEARS MEMBER NO.581 67. SATHYASHANKAR BHAT N V S/O KRISHNA BHAT AGED ABOUT 69 YEARS MEMBER NO.921 68. VISHWANATHA GOWDA S/O ANNU GOWDA, AGED ABOUT 60 YEARS MEMBER NO.1585 69. DUGGAPPA GOWDA S/O PODIYAPPA GOWDA AGED ABOUT 73 YEARS MEMBER NO.1590 - 11 - NC: 2025:KHC:3338 WP No. 35929 of 2024 70. VINEETH KUMAR S/O DHARNAPPA GOWDA AGED ABOUT 38 YEARS MEMBER NO.2354 71. JANARDHANA S/O DEVAPPA GOWDA AGED ABOUT 37 YEARS MEMBER NO.2617 72. KUSUMAVATHI W/O DEVAPPA NAIKA AGED ABOUT 48 YEARS MEMBER NO.2827 73. KRISHNAPPA GOWDA S/O BABU GOWDA AGED ABOUT 65 YEARS MEMBER NO.3109 74. HARISH GOWDA S/O DUMANNA GOWDA AGED ABOUT 36 YEARS MEMBER NO.3477 75. DHARNAPPA NAIKA S/O NARAYANA NAIKA AGED ABOUT 47 YEARS MEMBER NO.3702 76. CHANDRAVATHI K Y W/O KUSHALAPPA GOWDA AGED ABOUT 48 YEARS MEMBER NO.4077 - 12 - NC: 2025:KHC:3338 WP No. 35929 of 2024 77. SUNDARA GOWDA S/O RAMA GOWDA AGED ABOUT 52 YEARS MEMBER NO.4150 78. RAKSHITHA D/O SHENAPPA GOWDA AGED ABOUT 26 YEARS MEMBER NO.4241 79. MAHESH S/O GUDDAPPA GOWDA AGED ABOUT 38 YEARS MEMBER NO.4696 80. RANJITH N S/O MAYILAPPA GOWDA AGED ABOUT 32 YEARS MEMBER NO.4662 81. POORNIMA W/O CHANDRASHEKARA AGED ABOUT 28 YEARS MEMBER NO.4601 82. YOGISH S/O SHEENAPPA GOWDA AGED ABOUT 39 YEARS MEMBER NO.4636 83. VITTALA GOWDA S/O ANNI GOWDA AGED ABOUT 38 YEARS, MEMBER NO.4644 - 13 - NC: 2025:KHC:3338 WP No. 35929 of 2024 84. DURGAVATHI W/O MAYILAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO.4546 85. KOOSHA S/O KUKKA GOWDA AGED ABOUT 54 YEARS MEMBER NO. 4550 86. PUSHPAVATHI W/O MADHAVA AGED ABOUT 38 YEARS MEMBER NO.4554 87. KAVYA D/O DOMBAYYA GOWDA AGED ABOUT 32 YEARS MEMBER NO.4568 88. SUCHITHA W/O UDAYA B K AGED ABOUT 32 YEARS MEMBER NO.4580 89. YATHISH S/O BABU GOWDA AGED ABOUT 35 YEARS MEMBER NO.4585 90. JARAPPA S/O RAMANNA KUMBARA AGED ABOUT 41 YEAR S MEMBER NO.4508 - 14 - NC: 2025:KHC:3338 WP No. 35929 of 2024 91. DEJAPPA S/O RAMANNA KUMBARA AGED ABOUT 49 YEARS MEMBER NO. 4509 92. VEDAVATHI W/O YUVARAJ GOWDA AGED ABOUT 41 YEARS MEMBER NO. 4471 93. HARSHITHA S W/O SHEKHARA GOWDA AGED ABOUT 29 YEARS MEMBER NO 4463 94. AMITHA J W/O VASANTHA GOWDA AGED ABOUT 31 YEARS MEMBER NO 4464 95. PRAJEETH S/O DOMBAYYA GOWDA AGED ABOUT 30 YEARS MEMBER NO 4443. 96. DEVIKA W/O JARAPPA GOWDA AGED ABOUT 39 YEARS MEMBER NO 4381 97. MADHUSHREE K D/O DOKAYYA GOWDA AGED ABOUT 24 YEARS MEMBER NO. 4302 - 15 - NC: 2025:KHC:3338 WP No. 35929 of 2024 98. JANAKI W/O KRISHNAPPA KUMBARA AGED ABOUT 56 YEARS MEMBER NO. 4253 99. SHYAMALA W/O BALACHANDRA KARKANNAYA AGED ABOUT 55 YEARS MEMBER NO 4249 100. HARINAKSHI D D/O DEEKAYYA GOWDA AGED ABOUT 29 YEARS MEMBER NO 4235 101. MOHAN S/O KANTHAPPA GOWDA AGED ABOUT 30 YEARS MEMBER NO.4192 102. RAMESH M S/O VEERAPPA GOWDA AGED ABOUT 41 YEARS MEMBER NO. 4195 103. REKHA W/O VENKAPPA GOWDA AGED ABOUT 43 YEAS MEMBER NO 4149 104. REVATHI W/O DHARNAPPA GOWDA AGED ABOUT 46 YEARS MEMBER NO 4146 - 16 - NC: 2025:KHC:3338 WP No. 35929 of 2024 105. SHEELAVATHI W/O DHARNAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO 4062 106. CHANDRAHASA S/O MONAPPA KUMBARA AGED ABOUT 28 YEARS MEMBER NO. 4016 107. RAJASHEKARA S/O KRISHNAPPA KUMBARA AGED ABOUT 32 YEARS MEMBER NO 4028 108. THIMMAPA GOWDA S/O ANNI GOWDA AGED ABOUT 64 YEARS MEMBER NO. 4036 109. HONNAMMA W/O APPAYYA GOWDA AGED ABOUT 49 YEARS MEMBER NO 4040 110. BHAVANI W/O SURESH GOWDA AGED ABOUT 44 YEARS MEMBER NO 4008 111. SHASHIPRABHA W/O SANJEEVA GOWDA AGED ABOUT 43 YEARS MEMBER NO 4009 - 17 - NC: 2025:KHC:3338 WP No. 35929 of 2024 112. SATHISH GOWDA S/O MUDARA GOWDA AGED ABOUT 50 YEARS MEMBER NO 4012 113. REKHANANDA S/O VASAPPA GOWDA AGED ABOUT 28 YEARS MEMBER NO 3920 114. SANJEEVA KUMBARA S/O JINAPPA KUMBARA AGED ABOUT 50 YEARS MEMBER NO 3946 115. PURANDARA K S/O JINNAPPA KUMBARA AGED ABOUT 33 YEARS MEMBER NO 3933 116. ANANDA B S/O CHENNAPPA MADIVALA AGED ABOUT 36 YEARS MEMBER NO 3889 117. ANANDA GOWDA S/O SUBBANNA GOWDA AGED ABOUT 49 YEARS MEMBER NO 3891 118. YATHISH S/O CHOMA GOWDA AGED ABOUT 35 YEARS MEMBER NO 3330 - 18 - NC: 2025:KHC:3338 WP No. 35929 of 2024 119. RADHA W/O RUKMAYYA GOWDA AGED ABOUT 55 YEARS MEMBER NO 3293 120. CHETHAN S/O KANTHAPPA SIRIYAN AGED ABOUT 40 YEARS MEMBER NO 3166 121. THEJAS S/O SANJEEVA GOWDA AGED ABOUT 28 YEARS MEMBER NO 3190 122. VASANTHI W/O PODIYA GOWDA AGED ABOUT 54 YEARS MEMBER NO 3125 123. RUKMINI W/O PADMA KUMBARA AGED ABOUT 51 YEARS MEMBER NO 3095 124. KUSUMA W/O DHARNAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO 2961 125. NARAYANA S/O BOMMA KUMBARA AGED ABOUT 42 YEARS MEMBER NO 3002 - 19 - NC: 2025:KHC:3338 WP No. 35929 of 2024 126. DINESH GOWDA S/O DUGGA GOWDA AGED ABOUT 39 YEARS, MEMBER NO 2988 127. NARAYANA KUMBARA S/O RAMAPPA KUMBARA AGED ABOUT 54 YEARS MEMBER NO 2886 128. RADHA KRISHNA GOWDA S/O SEENAPPA GOWDA AGED ABOUT 42 YEARS MEMBER NO 2743 129. KUSUMAVATHI W/O LAKSHMI NARAYANA K P AGED ABOUT 68 YEARS MEMBER NO 2698 130. MONAPPA GOWDA S/O DUGGANNA GOWDA AGED ABOUT 38 YEARS MEMBER NO 2653 131. SUNITHA W/O PRAKASH AGED ABOUT 40 YEARS MEMBER NO 2520 132. CHANDRASHEKAR K S/O RAMANNA GOWDA AGED ABOUT 41 YEARS MEMBER NO 2482 - 20 - NC: 2025:KHC:3338 WP No. 35929 of 2024 133. YADAVA S/O BABU KUMBARU AGED ABOUT 40 YEARS MEMBER NO 2437 134. KUSUMAVATHI W/O JANARDHANA GOWDA AGED ABOUT 63 YEARS MEMBER NO 2407 135. LOKESH GOWDA S/O LINGAPPA GOWDA AGED ABOUT 38 YEARS MEMBER NO 2346 136. SHIVARAMU S/O JINNAPPA KUMBARA AGED ABOUT 52 YEARS MEMBER NO 2313 137. PRAJWAL K S/O SEENAPPA GOWDA AGED ABOUT 26 YEARS MEMBER NO 3824 138. ASHWITH K S/O BALAKRISHNA GOWDA AGED ABOUT 29 YEARS MEMBER NO 3837 139. LAVAKUSHA MEDHAPPA S/O MEDHAPPA AGED ABOUT 43 YEARS MEMBER NO 3788 140. LEELAVATHI W/O LAVAKUSHA MEEDHAPPA AGED ABOUT 38 YEARS MEMBER NO 3789 141. SUCHITHRA W/O SESAPPA POOJARY AGED ABOUT 39 YEARS - 21 - NC: 2025:KHC:3338 WP No. 35929 of 2024 MEMBER NO 3795 142. JAYANTHI W/O NEELAYYA GOWDA AGED ABOUT 54 YEARS MEMBER NO 3711 143. LEELAVATHI W/O KRISHNAPPA GOWDA AGED ABOUT 67 YEARS MEMBER NO 3691 144. RAJEEVI W/O CHINNAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO 3692 145. HONNAMMA W/O POOVAPPA GOWDA AGED ABOUT 64 YEARS MEMBER NO 3695 146. CHANDRAVATHI W/O SHENAPPA GOWDA AGED ABOUT 48 YEARS MEMBER NO 3678 147. KENCHAMMA W/O CHANDRAPPA GOWDA AGED ABOUT 52 YEARS MEMBER NO 3689 148. KUSHALAPPA S/O VISHWANTHA KUMBARA AGED ABOUT 32 YEARS MEMBER NO 3636 149. SHARADA W/O SHRIDHARA POOJARY AGED ABOUT 50 YEARS MEMBER NO 3617 - 22 - NC: 2025:KHC:3338 WP No. 35929 of 2024 150. VASANTHI W/O VASAPPA KUMBARA AGED ABOUT 48 YEAS MEMBER NO 3620 151. MONAPPA GOWDA S/O MONTA GOWDA AGED ABOUT 43 YEARS MEMBER NO 3539 152. HARISH S/O MONTA GOWDA AGED ABOUT 37 YEARS MEMBER NO 3480 153. ANANDA GOWDA S/O NEELAYYA GOWDA AGED ABOUT 58 YEARS MEMBER NO 3429 154. VINOD S/O NONNAIAH GOWDA AGED ABOUT 36 YEARS MEMBER NO 3427 155. JAYANTHI W/O MOHANA BANGERA AGED ABOUT 41 YEARS MEMBER NO 3386 156. SURESH S/O RUKMAYYA GOWDA AGED ABOUT 44 YEARS MEMBER NO 3356 157. LINGAPPA KUMBARA S/O HANIYA KUMBARA AGED ABOUT 40 YEARS MEMBER NO 2274 158. KORAGAPPA B K S/O BABU KUMBARA AGED ABOUT 42 YEARS - 23 - NC: 2025:KHC:3338 WP No. 35929 of 2024 MEMBER NO 2205 159. PRAKASH K S/O BABU KUMBARA AGED ABOUT 45 YEARS MEMBER NO 2088 160. KRISHNAPPA KUMBARA S/O SHANTHAPPA KUMBARA AGED ABOUT 61 YEARS MEMBER NO 1740 ALL ARE MEMBERS OF PADMUNJA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. PADMUNJA, BELTHANGADY TALUK, D.K. DISTRICT - 574 236 …PETITIONERS (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. - 24 - NC: 2025:KHC:3338 WP No. 35929 of 2024 3. PADMUNJA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, PADMUNJA, BELTHANGADY TALUK, D.K. DISTRICT - 574 236, REPRESENTED BY ITS CEO. 4. THE RETURNING OFFICER, PADMUNJA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., PADMUNJA, BELTHANGADY TALUK, D.K. DISTRICT - 574 236. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 AND R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. DEEPAK S SHETTY, ADVOCATE FOR R3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THESE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE UP COMING ELECTIONS OF THE RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 03.01.2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 25 - NC: 2025:KHC:3338 WP No. 35929 of 2024 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioners are seeking to direct respondents to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election of respondent No.3-Society, which was scheduled to be held on 03.01.2025. 2. This Court, by way of interim arrangement on 31.12.2024, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 03.01.2025 to the Board of Directors of respondent No.3-Society subject to the final outcome of this writ petition. 3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. Rule 13-D of the KCS Rules, 1960 reads as under: - 26 - NC: 2025:KHC:3338 WP No. 35929 of 2024 “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– - 27 - NC: 2025:KHC:3338 WP No. 35929 of 2024 (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. - 28 - NC: 2025:KHC:3338 WP No. 35929 of 2024 (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible 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 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 date of election; - 29 - NC: 2025:KHC:3338 WP No. 35929 of 2024 (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to - 30 - NC: 2025:KHC:3338 WP No. 35929 of 2024 represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or - 31 - NC: 2025:KHC:3338 WP No. 35929 of 2024 (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” - 32 - NC: 2025:KHC:3338 WP No. 35929 of 2024 5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.3-Society and attended all the annual general body meetings, in spite of which respondent No.3- Society has dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.3-Society. 6. The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: 1 ILR 2024 KAR 1901 - 33 - NC: 2025:KHC:3338 WP No. 35929 of 2024 “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 7. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election - 34 - NC: 2025:KHC:3338 WP No. 35929 of 2024 process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following: ORDER Writ petition is disposed of on the following terms: - 35 - NC: 2025:KHC:3338 WP No. 35929 of 2024 (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 8. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding - 36 - NC: 2025:KHC:3338 WP No. 35929 of 2024 anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.– (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. - 37 - NC: 2025:KHC:3338 WP No. 35929 of 2024 (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) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary - 38 - NC: 2025:KHC:3338 WP No. 35929 of 2024 contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its - 39 - NC: 2025:KHC:3338 WP No. 35929 of 2024 impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petition needs to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 03.01.2025 to the Board of Directors of respondent No.3-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity - 40 - NC: 2025:KHC:3338 WP No. 35929 of 2024 of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.3- Society. iv. All contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 46 CT:SNN