- 1 - HC-KAR NC: 2025:KHC-D:12379 WP No. 106957 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106957 OF 2025 (CS-EL/M) BETWEEN: SHRI GANAPATI VENKATRAMAN JOSHI AGE 66 YEARS, OCC AGRICULTURE, R/O KOPPALA THOTA, SONDA, SIRSI, UTTARA KANNADA 581336. M.NO.763. …PETITIONER (BY SRI. SHREEVATSA HEGDE, ADVOCATE FOR 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, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12379 WP No. 106957 of 2025 UTTARA KANNADA, KARWAR, DIST. UTTARA KANNADA 581301. 5. RETURNING OFFICER ADHIKSHAKARU JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KENDRA SAHAKARI SAGATU MARATA MALIGE NIAYAMITA (JANATA BAJAR) SIRSI, UTTARA KANNADA 581401. 6. KENDRA SAHAKARI SAGATU MARATA MALIGE NIYAMITA TQ. SIRSI, DIST. UTTARA KANNADA 581 401, REP BY ITS CHIEF EXECUTIVE OFFICER, …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1, R2, R4 AND R5; SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R3; SRI. VIJAY M. MALALI, ADVOCATE FOR R6) THIS WP 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.4 MARKED AT ANNEXURE-C IN THE ELECTION TO THE BOARD OF 6TH RESPONDENT SOCIETY FOR THE TERM 2025 TO 2029. B) PASS SUCH OTHER ORDERS AS THIS HON BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRILIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No.1, 2, 4 and 5. Sri. G. V. - 3 - HC-KAR NC: 2025:KHC-D:12379 WP No. 106957 of 2025 Bharamagoudar, learned counsel accepts notice for respondent No.3. Sri. Vijay A. Malali, learned counsel accepts notice for respondent No.6. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari quashing the final ineligible voters list issued by Respondent No.4 marked at Annexure-C in the election to the board of 6th respondent society for the term 2025 to 2029. b. Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 3. The contention of learned counsel for the petitioner is that the name of the petitioner was found in the provisional list of eligible voters published at Annexure-B, but however, the name of the petitioner has been shifted to the ineligible list in the final voters list published. The procedure which is required to be followed under Rule 13-D, provides for the Society to publish a provisional list of ineligible voters and - 4 - HC-KAR NC: 2025:KHC-D:12379 WP No. 106957 of 2025 mandate that the Society issues notice to such ineligible voters calling upon them to show cause as regards the ineligibility mentioned in the provision list; thereafter consider the reply submitted and pass necessary orders holding the said person to be eligible or ineligible voter. 4. In the present case, the petitioner's name was found mentioned in the provisional eligible list. Therefore, the question of issuing any notice or affording an opportunity to the petitioner, was not required. Thereafter, the respondent- Society has shifted his name from eligible list to ineligible list, which could not have been done at the final stage. Once the respondent-Society had held the petitioner to be eligible, the question of declaring him to be ineligible and including him in the ineligible list of voters, in the final list of voters, is not permissible. 5. In that view of the matter, I pass the following: - 5 - HC-KAR NC: 2025:KHC-D:12379 WP No. 106957 of 2025 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. iv. In view of disposal of the petition, pending I.A’s, if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 5 Sl No.: 1