- 1 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107446 OF 2025 (CS-EL/M) BETWEEN: SIDDAPUR TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD, SIDDAPUR BY ITS DELEGATE RAMACHANDRA MAHABALESHWAR HEGDE, AGE: 57 YEARS, OCC: PRESIDENT AND DELEGATE, R/O. SRI. MAHALAKSHMI APMC ROAD, SIDDAPUR, UTTARA KANNADA – 581 301. …PETITIONER (BY SRI. M.B.HIREMATH ADVOCATE ALONG WITH MISS. GAYATRI S. R., ADVOCATE) AND: 1. THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY THE COMMISSIONER, 3RD FLOOR, SHANTINAGAR TTMC, A BLOCK KENGAL HANUMANTHAIAH RD RAJA RAM MOHANROY EXTENSION SHANTI NAGAR, BENGALURU, KARNATAKA – 560 027. 2. DEPUTY COMMISSIONER, UTTARA KANNADA – 583 201. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KARWAR – 581 401. 4. THE RETURNING OFFICER, FOR THE ELECTION TO THE BOARD OF DIRECTORS, KARNATAKA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., KARWAD – 581 301. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 of 2025 5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BENGALURU – 560 052. 6. THE TOTAGARS CO-OPERATIVE SALE SOCIETY LTD., SIRSI TALUK, UTTARA KANNADA DISTRICT – 581 401, REPRESENTED BY ITS MANAGING DIRECTOR. 7. KANARA DISTRICT CENTRAL CO-OPERATVE BANK, BY ITS MANAGING DIRECTOR,, HEAD OFFICE, NEW MARKET YARD, SIRSI – 581 401. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R5; SRI. A.P.HEGDE, ADVOCATE FOR R6; SRI. VISHWANATH HEGDE, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ENDORSEMENT DATED 11.09.2025 ISSUED BY THE 2ND RESPONDENT WHICH IS PRODUCED AT ANNEXURE-E BEARING NO.SAHAKARA SANGHA (PA.SA.SAM CHAM/VIVA-58/2025-26 INSOFAR AS IT RELATES TO THE INCLUSION OF TOTAGARS CO-OPERATIVE SALE SOCIETY LTD., SIRSI (RESPONDENT NO.5) IN THE VOTERS LIST OF KDCC BANK ELECTIONS. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS 2 AND 3 NOT TO PERMIT RESPONDENT NO.6 TO PARTICIPATE IN THE ELECTIONS TO THE BOARD OF DIRECTORS OF KDCC BANK SCHEDULED FOR 25.10.2025 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 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 certiorari or any other appropriate writ, order or direction quashing the endorsement dated 11.09.2025 issued by the 2nd respondent which is produced at annexure-e bearing no.SAHAKARA SANGHA (PA.SA.SAM CHAM/VIVA-58/2025-26 insofar as it relates to the inclusion of Totagars Co-operative Sale Society LTD., Sirsi (Respondent No.5) in the voters list of KDCC Bank elections. B. Issue a writ of mandamus directing Respondents 2 and 3 not to permit Respondent No.6 to participate in the elections to the Board of Directors of KDCC Bank Scheduled for 25.10.2025, and c. Grant such other and further reliefs as this Hon’ble Court deems fit in the interest of justice and equity. 2. Heard the learned counsel Sri.Mallikarjunswamy B. Hiremath along with Miss. Gayatri S.R. appearing for petitioner, learned AGA, Sri.Ramesh Chigari, appearing for respondent Nos.1 to 5, learned counsel Sri.A.P.Hegde, appearing for respondent No.6 and learned counsel Sri.Vishwanth Hegde, appearing for respondent No.7. 3. The petitioner Siddapur Taluk Agricultural Produce Co-operative Marketing Society is at the doors of - 4 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 of 2025 this Court calling in question an order of inclusion of the respondent No.6-Co-operative Society in the voters’ list of the ensuing KDCC Bank Elections. 4. The issue lies in a narrow compass. According to the learned counsel appearing for the petitioner, Sri.Malikarjunswamy B. Hiremath, what can be included into a Co-operative Society for the purpose of elections depends upon the constitution of the society. The bye-laws of the Canara District Central Co-operative Bank, to which elections are now sought to be conducted is as follows: MANAGEMENT 20 (a)1 The Board of Directors shall consist of:- One Representative of the affiliated Agricultural Credit Co-operative Societies/ Vyavasaya Seva Sahakari Sangha/Large sized Co-operative Societies/Service Co-operative Societies/ Farmers Service Co-operative Societies and PACS by whatever name it is called Karwar Taluka 1 Sirsi Taluka 1 Siddapur Taluka 1 Yellapur Taluka 1 Mundgod Taluka 1 Hallyal Taluka 1 Ankola Taluka 1 Kumta Taluka 1 Honavar Taluka 1 Bhatkal Taluka 1 Jolda Taluka 1 - 5 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 of 2025 (2) One Representative from the affiliated Taluka Agricultural Produce Marketing Co-operative Societies in the District to be elected from amongst themselves. EXPLANATION: Taluka Agricultural Produce Marketing Co-operative Society includes commodity marketing society. (3) One Representative from the affiliated Consumers Co-operative Societies and Processing Co-operative Societies to be elected from amongst themselves. (4) One Representative from the affiliated Industrial Co- operative Societies including Weavers Co-operative Societies in the district to be elected from amongst themselves. (5) One Representative from the affiliated Urban Co- operative Banks and Non-Agricultural Co-operative Credit Societies in the District to be elected from amongst themselves. (6) One Representative from the affiliated Milk Produce Co-operative/ Labour Co-operatives and Other Miscellaneous types of Co-operative Societies, including Farming Co-operative Societies (Other than (1). (2), (3) (4) & (5) stated above) in the district to be elected from amongst themselves. (6) (6)(a) The Deputy Registrar of Co-operative Societies Uttara Kannada District as Ex-Officio Director. (Approved by the Joint Registrar, Co-operative Societies, Belgaum, vide Order No. JRL/A/RSR/Poneeti/CR-19/2018-19, Dated 18-11- 2019) (7) One Nominee of the Karnataka State Co-operative Apex Bank. (8) Chief Executive of the Bank i.e. Managing Director of the Bank. (9) The Board may co-opt professional persons not exceeding two having experience in the field of banking, management, finance or specialisation in any - 6 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 of 2025 other field relating to the objects and activities undertaken by the Bank to be the members of the Board. Such co-opted directors shall not have a right to vote in any election of the Bank or to be eligible for being elected as office bearers and shall not form a part of quorum for the Board Meeting. (Approved by the Joint Registrar, Co-operative Societies, Belgaum, vide Order No. JRL/G/85/KAB/2013-14, DATED 29-11-2013). (aa) The members of the Board of the Bank shall fulfill the criteria stipulated by the Reserve Bank. (Approved by the Joint Registrar, Co-operative Societies, Belgaust, vide Order No. JRL/E/150/Poneeti/2015-16, Dated 18-03-2016) 5. According to the Learned counsel, the explanation is imperative would take the forefront contending that the taluka Agricultural Produce Co- operative Society would include commodity marketing Society, and the respondent No.6 who is now sought to be included into the fold, for the purpose of election does not come within the definition or explanation, of commodity marketing Society. According to the learned counsel, the respondent No.6 is a sales marketing Society and not a commodity marketing Society. 6. The learned counsel to the respondent No.6 would however refute the submissions contending that the - 7 - HC-KAR NC: 2025:KHC-D:13833 WP No. 107446 of 2025 purpose for constitution of both the societies are similar, be it sales or be it commodity, the purpose is the same. Therefore, the same would get covered under clause 6 supra. 7. Be that as it may, if the submission of the learned counsel for the petitioner would be accepted and the relief is granted, it would be entering into an arena of hyper technicality, as what the difference between commodity marketing society and the sale marketing society is absolutely bleak. So is the submission of the counsel for the petitioner, absolutely bleak. In that light, finding no merit in the petition. The petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 2 Sl No.: 13