- 1 - NC: 2025:KHC-D:3437 WP No. 100787 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100787 OF 2025 (CS-EL/M) BETWEEN: 1. PAMPAPATI S/O. NARAYANAPPA ARALIKATTI, AGE. 61 YEARS, OCC. AGRICULTURE, R/O DOTIHAL, TQ. KUSTAGI, DIST. KOPPAL, PIN CODE-583278. (SL.NO. 236 , MEMBERSHIP NO. 594) 2. NARAYANAPPA S/O. VEERUPAKSHAPPA KOLLI, AGE. 64 YEARS, OCC. AGRICULTURE, R/O DOTIHAL, TQ. KUSTAGI, DIST. KOPPAL, PIN CODE-583278. (SL. NO. 5 MEMBERSHIP NO.10) 3. SHANKRAPPA S/O. RAMANNA VADDARA, AGE. 39 YEARS, OCC. AGRICULTURE, R/O DOTIHAL, TQ. KUSTAGI DIST. KOPPAL -583278 (SL.NO. 95 MEMBERSHIP NO. 222) 4. HANAMANTAPPA S/O. BASAPPA GANAKI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. WARD NO.2, SHUKAMUNI MATHA, NEAR NEKARA ONI, DOTIHAL, TQ. KUSTAGI, DIST. KOPPAL, PIN CODE- 583278. (SL.NO. 254, MEMBERSHIP NO. 633) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3437 WP No. 100787 of 2025 5. NAGARAJ S/O. SHANKRAPPA MALAGI, AGE. 34 YEARS, OCC. AGRICULTURE, R/O: WARD NO. 2, DOTIHAL, TQ. KUSTAGI, DIST. KOPPAL, PIN CODE. 583278. (SL NO.70. MEMBERSHIP NO. 163) 6. NAGARAJ S/O. VEERABHADRAPPA KALAGI, AGE. 51 YEARS, OCC. AGRICULTURE, R/O: MARUTI NAGAR, WARD NO.3 DOTIHAL, TQ. KUSTAGI DIST. KOPPAL, PIN CODE -583278 (SL.NO. 8 MEMBERSHIP NO. 23). 7. SRINIVAS S/O VITHTHAPPA KANTLI, AGE. 58 YEARS, OCC. AGRICULTURE, R/O WARD NO. 3, DOTIHAL, TQ. KUSTAGI DIST. KOPPAL PIN CODE -583278. …PETITIONERS (BY SRI A. B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, 6TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK BENGALURU -560027. - 3 - NC: 2025:KHC-D:3437 WP No. 100787 of 2025 3. DISTRICT ELECTION OFFICER AND THE DEPUTY REGISTRAR OF CO-OP SOCIETIES, KOPPAL, DIST. KOPPAL- 583231. 4. THE RETURNING OFFICER, KAIMAGGA NEKAARA SAHAKARI UTPADAKA MATTU MAARAATA SANGHA NI, DOTIHAL, TQ. KUSHTAGI, DIST. KOPPAL PIN CODE- 583278 DIST. KOPPAL. 5. KAIMAGGA NEKAARA SAHAKARI UTPADAKA MATTU MAARAATA SANGHA NI, DOTIHAL, TQ. KUSHTAGI, DIST. KOPPAL, PIN CODE- 583278, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO a) ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(2)9a-iv) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES AND LEGISLATIVE COMPETENCE AND ARTICLE 243 ZI AND 243 ZO OF THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY. b) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE QUASHING THE IMPUGNED LIST OF NON-ELIGIBLE VOTERS MEMBERS OF 5TH RESPONDENT SOCIETY/KAIMAGGA NEKAARA SAHAKARI UTPADAKA MATTU MAARAATA SANGHA NI, DOTIHAL, TQ.KUSHTAGI, DIST.KOPPAL DTD. NIL, PREPARED BY THE 4TH RESPONDENT HEREIN AND CONFIRMED BY THE 5TH RESPONDENT HEREIN PRODUCED AT ANNEXURE-D, IN SO FAR AS THE PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. c) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE RESPONDENTS 2 TO 5 HEREIN TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER MEMBERS LIST OF 5TH RESPONDENT - 4 - NC: 2025:KHC-D:3437 WP No. 100787 of 2025 SOCIETY/KAIMAGGA NEKAARA SAHAKARI UTPADAKA MATTU MAARAATA SANGHA NI, DOTIHAL, TQ.KUSHTAGI, DIST.KOPPAL, FOR THE CONDUCT OF THE ELECTION TO THE BOARD OF MEMBERS TO THE 5TH RESPONDENT SOCIETY, WHICH IS SCHEDULED TO BE HELD ON 16/02/2025, IN THE INTEREST OF JUSTICE AND EQUITY. d) GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST EVEN INCLUDING THE COSTS OF THIS PETITION IN THE INTEREST OF THE JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Heard the learned counsel Sri A. B. Patil appearing for the petitioners and the learned HCGP Smt. Kirtilata R. Patil representing the respondent-State. 2. The learned counsel for the petitioners submits that the petition is rendered infructuous by efflux of time. 3. Submission is placed on record. 4. Petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 115