- 1 - HC-KAR NC: 2025:KHC-D:12996 WP No. 107099 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107099 OF 2025 (CS-EL/M) BETWEEN: 1. AGRICULTURE SERVICES AND DEVELOPMENT CO-OP SOCIETY, SIRSI, UTTAR KANNADA 581401, R/BY ITS DELEGATE, SHRIPAD RAMAKRISHNA HEGDE, AGE. 45 YEARS,OCC. AGRICULTURE, R/O. KADAVE, TAL. SIRSI 581401, UTTAR KANNADA. 2. SIDDAPURA TALUKA AGRI. PRO. CO-OP. MARKETING SOCIETY, SIDDAPURA, UTTAR-KANNADA-581335, R/BY, ITS DELEGATE RAMCHANDRA MABLESHWAR HEGDE AGE: 75 YEAS, OCC: ADVOCATE, R/O. NEW MARKET YARD, SIDDAPUR 581335, UTTAR KANNADA. 3. SIRSI CONSUMER SAHAKARI SANGH, SIRSI, UTTAR-KANNADA-581401 R/BY, ITS DELEGATE, GANESH GANAPATI HEGDE AGE: 75 YEARS, OCC: TRADING, R/O. C. P. BAZAR, SIRSI, UTTAR KANNADA. 4. NELEMAOV SEVA SHAKARI SANGH, NELEMAOV, SIDDAPUR, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12996 WP No. 107099 of 2025 UTTAR-KANNADA 581335 R/BY, ITS DELEGATE, NARAHARI NARASIMHA HEGDE, AGE: 60 YEAR, OCC: AGRICULTURE R/O. KULIMANE, TAL. SIDDAPUR, UTTAR KANNADA. 5. SHREE MAHAGANAPATI VIVIDDHOSHAGAL SEVA SAHAKARI SANGH, SUGAVI SIRSI, UTTAR-KANNADA-581318 R/BY, ITS DELEGATE, SHRIPAD NARAYAN RAYSAD, AGE: 65 YEAR, OCC: AGRICULTURE R/O. VADDINKOPPA, SIRSI 581401, UTTAR KANNADA. …PETITIONERS (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BENGALURU-560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI-ASKAR ROAD, BENGALURU-560052. 3. CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTINAGAR, T.T.M.C, “A” BLOCK, SHANTINAGAR, BENGALURU-560027, REP.BY ITS SECRETARY, 4. DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, KARWAR DIST: UTTARA KANNADA-581301. - 3 - HC-KAR NC: 2025:KHC-D:12996 WP No. 107099 of 2025 5. RETURNING OFFICER, MANAGER/JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KENDRA SAHAKARI SAGATU MARATA MALIGE NIYAMITA (JANATA BAJAR) SIRSI, UTTARA KANNADA – 581401. 6. KENDRA SAHAKARI SAGATU MARATA MALIGE NIYAMITA TQ: SIRSI, DIST: UTTARA KANNADA-581402 REP.BY IT’S CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. RAMESH B.CHIGARI, AGA FOR R1, R3 TO R5; SRI. G.V. BHARMAGOUDAR, ADV. FOR R2; SRI. VIJAY M.MALALLI, ADV. FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL INELIGIBLE VOTERS LIST ISSUED BY RESPONDENT NO.5 MARKED AT ANNEXURE C IN SO FAR AS PETITIONERS ARE CONCERNED IN THE ELECTION TO THE BOARD OF 6TH RESPONDENT SOCIETY FOR THE TERM 2025 TO 2029. B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 3 TO 6 TO CONDUCT THE ELECTIONS TO THE 6TH RESPONDENT SOCIETY FOR THE TERM 2025-2029 SCHEDULED TO BE HELD ON 27.09.2025, PERMITTING THE PETITIONERS TO CAST THEIR VOTE AND PARTICIPATE IN THE ELECTION PROCESS IN TERMS OF ANNEXURE A DATED 11.09.2025 ISSUED BY RESPONDENT NO.5 AND ETC.,. - 4 - HC-KAR NC: 2025:KHC-D:12996 WP No. 107099 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondent Nos.1, 3 to 5. Sri G.V. Bharmagoudar, learned counsel, accepts notice for Respondent No.2. Sri Vijay Malali, learned counsel is directed to accept notice for Respondent No.6. 2. The petitioners are before this Court seeking for the following reliefs: a) Issue a Writ of Certiorari quashing the final ineligible voters list issued by Respondent No.5 marked at Annexure C in so far as petitioners are concerned in the election to the Board of 6th respondent Society for the term 2025 to 2029. b) Issue a writ of mandamus directing the respondents 3 to 6 to conduct the elections to the 6th respondent society for the term 2025-2029 scheduled to be held on 27.09.2025, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A dated 11.09.2025 issued by respondent no.5. c) Pass such other orders a this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC-D:12996 WP No. 107099 of 2025 3. The petitioners are similarly situated to the petitioners in W.P. No.106957 of 2025. Respondent No.6 herein was also Respondent No.6 in the said writ petition. For the very same reason as detailed in the order dated 17.09.2025, I pass the following order: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the inclusion of the petitioner’s name in the ineligible voter list at Annexure-C is set-aside. iii. Respondent No.6 is directed to include the name of the petitioner in the eligible voters list as done in the provisional list and permit the petitioner to contest/vote at the elections to be held on 27.09.2025. In view of disposal of the petition, pending I.A’s, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT: UMD/List No.: 5 Sl No.: 20