- 1 - NC: 2025:KHC:4654 WP No. 36132 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36132 OF 2024 (CS-EL/M) BETWEEN: 1. NALINAKSHI K.M., W/O MONAPPA GOWDA, AGED ABOUT 42 YEARS, MEMBER NO.2619 2. SANJEEVA GOWDA S/O ANNU GOWDA, AGED ABOUT 54 YEARS MEMBER NO.2628 3. KESHAVA GOWDA S/O SHIVAPPA GOWDA AGED ABOUT 57 YEARS MEMBER NO.2614 4. SEENAPPA GOWDA S/O ODIYAPPA GOWDA AGED ABOUT 54 YEARS MEMBER NO.2647 5. MAHAMMAD SHAREEF S/ YAROOB BYARI AGED ABOUT 48 YEARS MEMBER NO.2650 6. MONAPPA POOJARY S/O BABU POOJARY Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4654 WP No. 36132 of 2024 AGED ABOUT 58 YEARS MEMBER NO.2679 7. RUKMAYYA GOWDA S/O VASAPPA GOWDA AGED ABOUT 59 YEARS MEMBER NO.2690 8. BABY W/O MAHAMMAD ASHRAF AGED ABOUT 34 YEARS MEMBER NO.2716 9. JEEVITH KUMAR S/O SUDARSHAN AGED ABOUT 36 YEARS MEMBER NO.2724 10. HARISH GOWDA S/O SHIVAPPA GOWDA AGED ABOUT 39 YEARS MEMBER 2753 11. KHUHLEJAMMA W/O ABBUBAKAR AGED ABOUT 60 YEARS MEMBER NO. 2783. 12. KITTU MUGERA S/O KARIYA MUGERA AGED ABOUT 51 YEARS, MEMBER NO. 2845 13. RAMESH S/O BHOJA AGED ABOUT 40 YEARS, - 3 - NC: 2025:KHC:4654 WP No. 36132 of 2024 MEMBER NO. 2853. 14. BOMMA GOWDA S/O BABU GOWDA AGED ABOUT 55 YEARS MEMBER NO. 2881. 15. SEETHAMMA W/O CHANDRAPPA POOJARY AGED ABOUT 65 YEARS MEMBER NO. 2884 16. MAHAMMAD S/O AVUDRAM BYARI AGED ABOUT 50 YEARS MEMBER NO.2906 17. LALITHA W/O KORAGAPPA AGED ABOUT 61 YEARS, MEMBER NO. 2922. 18. SOORAPPA S/O GURUVA AGED ABOUT 59 YEARS, MEMBER NO. 2923. 19. THIMAPPA KUMBARA S/O BOMMA KUMBARA AGED ABOUT 55 YEARS, MEMBER NO. 2937 20. AKKU W/O HUKKRAPPA KUMBARA AGED ABOUT 69 YEARS, MEMBER NO. 2939 - 4 - NC: 2025:KHC:4654 WP No. 36132 of 2024 21. VISHWANATHA KUMBARA S/O KORAGAPPA KUBARA AGED ABOUT 50 YEARS, MEMBER NO. 2952. 22. BASEER K., S/O ABDUL RAHIMAN AGED ABOUT 49 YEARS, MEMBER NO. 2955 23. ISUBU BYARI S/O ABDUL RAHIMAN AGED ABOUT 48 YEARS MEMBER NO. 2956 24. SULEMAN S/O HUSSAIN BYARI AGED ABOUT 54 YEARS, MEMBER NO.2166. 25. RAVI NAIKA S/O JANARDHANA NAIKA, AGED ABOUT 50 YEARS, MEMBER NO.2185 26. UMESHA GOWDA S/O BABU GOWDA, AGED ABOUT 38 YEARS, MEMBER NO.2473 27. KESHAVA ACHARI S/O VEERAPPA ACHARI AGED ABOUT 42 YEARS, MEMBER NO.1370 - 5 - NC: 2025:KHC:4654 WP No. 36132 of 2024 28. RAFEEQ S/O HAMODY BYARI AGED ABOUT 38 YEARS MEMBER NO. 2561 29. RAFEEQ S/O HASANABBA BYARI AGED ABOUT 42 YEARS, MEMBER NO.2561 30. SHANKARA BHATT K., S/O RAMAMKRISHNA BHATT AGED ABOUT 64 YEARS MEMBER NO.2571 31. HEMAVATHI W/O HARISHCHANDRA POOJARY AGED ABOUT 62 YEARS MEMBER NO.2643 32. DAAVOOD K., S/O ADAM BYARI AGED ABOUT 49 YEARS MEMBER NO. 2661 33. SAKINABI W/O SULTHAN SAHEB AGED ABOUT 39 YEARS, MEMBER NO.2668 34. HEMALATHA W/O RAVIRAJA HEGDE AGED ABOUT 59 YEARS MEMBER NO.2726 - 6 - NC: 2025:KHC:4654 WP No. 36132 of 2024 35. ISMAIL BYARI S/O HAMOD BYARI AGED ABOUT 54 YEARS MEMBER NO. 2728 36. RAMESH POOJARY S/O JEENAPPA POOJARY, AGED ABOUT 39 YEARS, MEMBER NO.2735 37. SESSAPPA POOJARY S/O DOMBAIAH POOJARY AGED ABOUT 69 YEARS, MEMBER NO.2736 38. JOHN D COSTA, S/O DUMANG D COSTA, AGED ABOUT 60 YEARS, MEMBER NO.2795 39. PETER VINCENT REGO S/O GABRIEL REGO, AGED ABOUT 63 YEARS, MEMBER NO.2803 40. ANNU S/O KARIYA AGED ABOUT 60 YEARS, MEMBER NO.2831 41. KRISHNA MUGERA S/O GURUVA MUGERA AGED ABOUT 65 YEARS MEMBER NO.2837 - 7 - NC: 2025:KHC:4654 WP No. 36132 of 2024 42. UMMAR FAROOQI S/O SULEMAN BYARI AGED ABOUT 50 YEARS MEMBER NO.2880. 43. RAZAAK S/O HAMOD BYARI, AGED ABOUT 54 YEARS, MEMBER NO. 2904 44. KAIRUNNISA W/O ABDUL NAZEER AGED ABOUT 39 YEARS, MEMBER NO.3088 45. ABBAS P.K., S/O IBRAHIM AGED ABOUT 42 YEARS MEMBER NO.3193. 46. SUNDARI W/O GANGAIAH POOJARY AGED ABOUT 52 YEARS MEMBER NO.3337 47. CHANDRASHEKAR S/O MUTTAPPA GOWDA AGED ABOUT 43 YEARS MEMBER NO.3339 48. SOORAPPA POOJARY S/O THIMMA POOJARY AGED ABOUT 55 YEARS MEMBER NO.536 - 8 - NC: 2025:KHC:4654 WP No. 36132 of 2024 49. BABU POOJARY S/O VENKAPPA POOJARY AGED ABOUT 63 YEARS, MEMBER NO.447 50. VASUDEVA GOWDA S/O LINGAPA GOWDA AGED ABOUT 66 YEARS MEMBER NO.935 51. PRAKASHA POOJARY S/O BABU POOJARY AGED ABOUT 48 YEARS, MEMBER NO.1155. 52. PRASADA POOJARY S/O BABU POOJARY, AGED ABOUT 46 YEARS, MEMBER NO. 1156. 53. MEDHAPPA GOWDA S/O MONTA GOWDA, AGED ABOUT 61 YEARS, MEMBER NO. 1451. 54. SHEENAPPA POOJARY S/O KARIYA POOJARY, AGED ABOUT 59 YEARS, MEMBER NO. 1543. 55. ITHAPPA MUGERA, S/O KORAGU MUGERA, AGED ABOUT 66 YEARS, MEMBER NO.1841. - 9 - NC: 2025:KHC:4654 WP No. 36132 of 2024 56. ADARSHA V., W/O JAGANATHA SHETTY, AGED ABOUT 38 YEARS, MEMBER NO.3419. 57. VAMANA GOWDA S/O VEERAPPA GOWDA, AGED ABOUT 61 YEARS, MEMBER NO.1865. 58. CHANDRAPPA S/O SANNA KENCHA, AGED ABOUT 62 YEARS, MEMBER NO.1869. 59. MEDHAPPA GOWDA S/O NEMANNA GOWDA, AGED ABOUT 68 YEARS, MEMBER NO.2099. 60. LEELAVATHI W/O KRISHNAPPA GOWDA, AGED ABOUT 59 YEARS, MEMBER NO.2105 61. NEELAVATHI W/O DOMBAIAH GOWDA, AGED ABOUT 60 YEARS, MEMBER NO.2107 62. VEDAVATHI W/O DUGGAPPA GOWDA, AGED ABOUT 64 YEARS, MEMBER NO.2125. - 10 - NC: 2025:KHC:4654 WP No. 36132 of 2024 63. MOOSAN AGED ABOUT 42 YEARS, S/O SULEMAN, MEMBER NO.2277. 64. SHYAMA BHATT S/O MAHALINGA BHATT, AGED ABOUT 62 YEARS, MEMBER NO.2296. 65. GOWRI AGED ABOUT 61 YEARS, W/O PODIYA, MEMBER NO.2337. 66. VINEETH KUMAR S/O DHARNAPPA GOWDA, AGED ABOUT 40 YEARS, MEMBER NO. 2354. 67. DHARNAPPA GOWDA S/O PERNU GOWDA, AGED ABOUT 61 YEARS, MEMBER NO.2495. 68. SHARADA W/O KARIYAPA , AGED ABOUT 60 YEARS, MEMBER NO.4000. 69. SIYABUDDIN S/O MAHAMMAD K., AGED ABOUT 35 YEARS, MEMBER NO.4021. - 11 - NC: 2025:KHC:4654 WP No. 36132 of 2024 70. NAGABHOOSHAN S/O UDAYA KUMAR MELANTA, AGED ABOUT 38 YEARS, MEMBER NO.3707. 71. MAHAMMAD SAFAN S/O MAHAMMAD N.H., AGED ABOUT 29 YEARS, MEMBER NO.4168. 72. BHAVANI W/O BIRVANATHA GOWDA, AGED ABOUT 48 YEARS, MEMBER NO. 3850. 73. AZEED S/O ABDUL REHAMAN AGED ABOUT 46 YEARS MEMBER NO.4189. 74. UMESH P S/O KORAGAJJA GOWDA AGED ABOUT 51 YEARS MEMBER NO. 3872 75. NAVEEN MUGERA S/O KITTU MUGERA, AGED ABOUT 41 YEARS, MEMBER NO. 3885. 76. ANANDA B., S/O CHINNAPPA MADIWALA AGED ABOUT 38 YEARS, MEMBER NO. 3889. - 12 - NC: 2025:KHC:4654 WP No. 36132 of 2024 77. JAGADEERA K S/O NEELAYA GOWDA AGED ABOUT 40 YEARS MEMBER NO.3893 78. SAFIYA W/O RAFIQ AGED ABOUT 38 YEARS, MEMBER NO. 3895. 79. THIMMAPPA W/O KORAGAJJA GOWDA AGED ABOUT 40 YEARS, MEMBER NO. 3908. 80. DAMODARA S/O SANKAPA GOWDA AGED ABOUT 36 YEARS, MEMBER NO.3930. 81. LEELAVATHI W/O DOMBAIAH PARAVA AGED ABOUT 42 YEARS, MEMBER NO.3927. 82. PURANDARA K., S/O JARAPPA GOWDA, AGED ABOUT 39 YEARS MEMBER NO. 3933 83. MAHAMMAD NASIRUDDIN S/O SULEMAN, AGED ABOUT 41 YEARS, MEMBER NO.3949. - 13 - NC: 2025:KHC:4654 WP No. 36132 of 2024 84. CHETANA W/O DEJAPA, AGED ABOUT 40 YEARS, MEMBER NO.3954. 85. SHEENAPPA GOWDA S/O THIMMAIAH GOWDA, AGED ABOUT 36 YEARS, MEMBER NO.3977. 86. RAVINDRA S/O ANNU AGED ABOUT 44 YEARS, MEMBER NO.3978. 87. SADANANADA S/O DEJAPPA AGED ABOUT 47 YEARS, MEMBER NO.3980. 88. ANANDA S/O BORA MUGERA AGED ABOUT 26 YEARS MEMBER NO.3986 89. SURESHA B K S/O CHARMBA AGED ABOUT 41 YEARS MEMBER NO. 3999 90. CHANDAPPA GOWDA S/O BALU GOWDA AGED ABOUT 46 YEARS MEMBER NO. 4003 - 14 - NC: 2025:KHC:4654 WP No. 36132 of 2024 91. SOORAPPA POOJARY S/O THIMMA POOJARY AGED ABOUT 47 YEARS MEMBER NO.536 92. BABU POOJARY S/O VENKAPPA POOJARY AGED ABOUT 40 YEARS MEMBER NO.447 93. KUSUMA S/O DHARMAPPA GOWDA AGED ABOUT 51 YEARS MEMBER NO.2961 94. KRISHNAPPA POOJARI S/O H0NNAPPA POOJARY AGED ABOUT 62 YEARS MEMBER NO.2985 95. DINESH GOWDA S/O DUGGA GOWDA AGED ABOUT 45 YEARS MEMBER NO.3005 96. SHASHIDHAR S/O VASAPPA GOWDA AGED ABOUT 55 YEARS MEMBER NO.3022 97. LOHITH BANGERE S/O DEJAPPA POOJARI AGED ABOUT 35 YEARS MEMBER NO. 3029 - 15 - NC: 2025:KHC:4654 WP No. 36132 of 2024 98. BABU ACHARYA S/O ACHYUTH ACHARYA AGED ABOUT 55 YEARS, MEMBER NO. 3031 99. PRASHANTH SUBRAYA HEGDE, AGED ABOUT 45 YEARS, MEMBER NO.3032. 100. VISHWANATH GOWDA KRISHNAPPA GOWDA, AGED ABOUT 53 MEMBER NO.3035 101. PRAVEEN CHEENKRA MUGERA, AGED ABOUT 49, MEMBER NO.3038. 102. BHADRAPPA GOWDA, S/O. BABU GOWDA, AGED ABOUT 55 YEARS, MEMBER NO.3058. 103. BALAKRISHNA GOWDA, S/O. BABU GOWDA, AGED ABOUT 53 MEMBER NO.3062 104. NEBISAMMA, W/O. MOHAMMED RAFIQ, AGED ABOUT 65 MEMBER NO.3075. 105. ABDUL JALEEL W/O. YAKUB, - 16 - NC: 2025:KHC:4654 WP No. 36132 of 2024 AGED ABOUT 35 MEMBER NO.3079. 106. KORAGAPPA GOWDA, S/O. BOOCHA GOWDA, AGED ABOUT 55 MEMBER NO.3092. 107. REVATHI W/O. UMESH POOJARI, AGED ABOUT 35 MEMBER NO.3100 108. RAFIQ S/O. LADRAM BYARI, AGED ABOUT 41 MEMBER NO.3146 109. CHETAN S/O. KANTHAPPA SIRIAN AGED ABOUT 50 MEMBER NO.3166 110. SUMITHRA S/O. GOPALA POOJARI AGED ABOUT 40 MEMBER NO.3169. 111. VASANTHA S/O. ANNU MUGERA, AGED ABOUT 46 MEMBER NO.3201 112. RADHA S/O. RUKMINI POOJARI, - 17 - NC: 2025:KHC:4654 WP No. 36132 of 2024 AGED ABOUT 61 MEMBER NO.3293 113. ADAM BYARI, S/O. ABDUL REHMAN, AGED ABOUT 61 MEMBER NO.2239 114. DASANNA NAYAKA S/O. CHELUVA NAYAKA, AGED ABOUT 64 YEARS MEMBER NO. 2275 115. AVVAMMA S/O. ISUBU BYARI AGED ABOUT 80 YEARS MEMBER NO.2281 116. ISAMMA ABU BAKAR AGED ABOUT 58 YEARS MEMBER NO.2305 117. KASIM HAJI S/O MADANI P K AGED ABOUT 51 YEARS MEMBER NO. 2322 118. MOHAMMED N. S/O. ABUBAKAR AGED ABOUT 41 MEMBER NO.2485 119. IMAMBI BYARI S/O. USMAN SAHIB AGED ABOUT 44 YEARS - 18 - NC: 2025:KHC:4654 WP No. 36132 of 2024 MEMBER NO. 1315 120. KUSUMA W/O. SHIVAPPA POOJARI, AGED ABOUT 48 YEARS MEMBER NO.2523 121. SHIVAPRASAD SHETTY S/O. VITTALA SHETTY, AGED ABOUT 64 YEARS MEMBER NO. 908 122. JAGANNATH SHETTY S/O. BABU SHETTY AGED ABOUT 68 YEARS MEMBER NO.1432 123. CHANDRAVATHI W/O. SHEENA SHETTY AGED ABOUT 44 YEARS MEMBER NO. 1455 124. KAVERI W/O. SUNDARA SHETTY, AGED ABOUT 49 YEARS MEMBER NO.1481 125. VANITHA RAI W/O. RAVINDRANATH RAI AGED ABOUT 55 MEMBER NO. 1539 126. SARASWATHI W/O. VIJAYAMOHAN AGED ABOUT 54 MEMBER NO. 1524 - 19 - NC: 2025:KHC:4654 WP No. 36132 of 2024 127. BHAVANI W/O. DEVAPPA GOWDA, AGED ABOUT 44 YEARS, MEMBER NO.1601. 128. GIRISH MOLANTA W/O. UDAY KUMAR MELANTA AGED ABOUT 75 YEAR MEMBER NO.1705 129. BABY W/O UPENDRA POOJARI AGED ABOUT 64 YEARS MEMBER NO.1708 130. SUMANGALA W/O RAJEEV N AGED ABOUT 53 YEARS MEMBER NO. 2114 131. RAJESHWARI W/O SHYAMA SHASTRI, AGED ABOUT 50 YEARS, MEMBER NO. 2142 132. RAKMAIAYYA GOWDA W/O PINIJA GOWDA AGED ABOUT 55 YEARS MEMBER NO.2143 133. HARISH B., S/O POOVAPPA AGED ABOUT 44 YEARS MEMBER NO.2160 - 20 - NC: 2025:KHC:4654 WP No. 36132 of 2024 134. PRADEEP SHETTY S/O BABU SHETTY AGED ABOUT 47 YEARS, MEMBER NO. 2155 135. VEERAMMA W/O ANNU GOWDA AGED ABOUT 70 YEARS, MEMBER NO.477. 136. LINGAPPA GOWDA S/O KARIYA GOWDA AGED ABOUT 87 YEARS, MEMBER NO.660. 137. LINGAPPA GOWDA S/O NAGAPPA GOWDA, AGED ABOUT 75 YEARS. MEMBER NO. 689. 138. DEJAPPA GOWDA S/O KUNNI GOWDA AGED ABOUT 70 YEARS, MEMBER NO. 472 139. MONAMMA HENGSU W/O ANNE POOJARI, AGED ABOUT 60 YEARS, MEMBER NO.1118 140. UMAKKA W/O. KUNNI POOJARI AGED ABOUT 62 YEARS, MEMBER NO. 1321 - 21 - NC: 2025:KHC:4654 WP No. 36132 of 2024 141. NETHRAVATHI, W/O SHENAPAP GOWDA, AGED ABOUT 30 YEARS, MEMBER NO. 1331 142. IBRAHIM BYARI S/O ABUBEKAR AGED ABOUT 61 YEARS MEMBER NO. 1410 143. SHEELA T GOWDA W/O THIMMAIAH GOWDA AGED ABOUT 69 YEARS, MEMBER NO.1419. 144. UMARABBA H S/O AHAMED KUNNI AGE ABOUT 63 YEARS, MEMBER 1511 145. ISUBU V., S/O ABBAS V., AGED ABOUT 64 YEARS, MEMBER NO. 1512 146. SHEKAR S K S/O KOONAPPA POOJARI AGED ABOUT 54 YEARS MEMBER NO. 1522 147. RAVI SALIYAN S/O MUTHAPPA POOJARI AGED ABOUT 45 YEARS MEMBER NO. 1672 - 22 - NC: 2025:KHC:4654 WP No. 36132 of 2024 148. RAVINDRA POOJARI S/O SHIVAPPA POOJARI AGED ABOUT 52 YEARS MEMBER NO. 1681 149. SHANKAR NARYAN K S/O SRINIVAS RAO AGED ABOUT 58 YEARS MEMBER NO. 1693 150. GOVINDA RAO S/O BABU RAO AGED ABOUT 78 YEARS MEMBER NO. 1706 151. NEBISAMMA W/O ADAM BYARI AGED ABOUT 71 YEARS, MEMBER NO.1716 152. SULAIMAN V., S/O ABBAS BYARI V., AGED ABOUT 64 YEARS, MEMBER NO. 1770 153. ABBAS S/O KUNHI MONU AGED ABOUT 62 YEARS MEMBER NO.1783 154. RAFIQ S/O MOHAMMED AGED ABOUT 39 YEARS MEMBER NO. 1837 - 23 - NC: 2025:KHC:4654 WP No. 36132 of 2024 155. VEERAMMA S/O RAMAIH GOWDA, AGED ABOUT 60 YEARS, MEMBER NO.1855 ALL ARE MEMBERS OF PADMUNJA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 159. PADMUNJA, BELTHANGADY TALUK, D.K. DISTRICT 574 236 …PETITIONERS (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE 560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMA A BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE 560 027, REP. BY ITS SECRETARY. 3. PADMUNJA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., A SOCIETY REGISTERED UNDER KARNATAKA, CO-OPERATIVE SOCIETY ACT 1959, PADMUNJA, BELTHANGADY TALUK, D.K. DISTRICT 574 236. REP. BY ITS CEO. - 24 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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 WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 UPCOMING ELECTIONS OF THE R3 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: 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 - 25 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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: “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 - 26 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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.– (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 - 27 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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. (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 - 28 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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; (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. - 29 - NC: 2025:KHC:4654 WP No. 36132 of 2024 (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 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. - 30 - NC: 2025:KHC:4654 WP No. 36132 of 2024 (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 (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. - 31 - NC: 2025:KHC:4654 WP No. 36132 of 2024 (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.” 5. 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 1 ILR 2024 KAR 1901 - 32 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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: “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) - 33 - NC: 2025:KHC:4654 WP No. 36132 of 2024 6. 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 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. - 34 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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: (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. - 35 - NC: 2025:KHC:4654 WP No. 36132 of 2024 (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.” 7. Section 70 of the KCS Act, 1959 reads as under: “70. Disputes which may be referred to Registrar for decision.–(1) Notwithstanding 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 - 36 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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. (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; - 37 - NC: 2025:KHC:4654 WP No. 36132 of 2024 (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 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. - 38 - NC: 2025:KHC:4654 WP No. 36132 of 2024 (4) x x x x x (5) x x x x x” 8. 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 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 - 39 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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 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. - 40 - NC: 2025:KHC:4654 WP No. 36132 of 2024 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 TIN List No.: 1 Sl No.: 39 CT:SNN