- 1 - HC-KAR NC: 2025:KHC-D:13827 WP No. 107510 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. 107510 OF 2025 (CS-EL/M) BETWEEN: SHRI. GOPALKRISHNA S/O. NARASHIMHA GAONKAR, AGE: 31 YEARS, OCC: SECRETARY, R/O: SHREE NILAYA, RAVINDRA NAGARA, YALLAPUR, UTTARA KANNADA – 581 359. …PETITIONER (BY SRI. GURUDAS KANNUR, SENIOR ADVOCATE FOR SRI. SOURABH HEGDE AND SRI. SRIPRASAD JOSHI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, M.S.BUILDING, BANGALORE – 590 001. 2. THE CO-OPERATIVE ELECTION AUTHORITY, R/BY ITS COMMISSIONER TTMC BLOCK, SHANTI NAGAR, BANGALORE – 590 027. 3. THE JOINT REGISDTRAR OF COOPERATIVE SOCIETIES, BELAGAVI REGION BELAGAVI AND ELECTION OFFICER TO ALL SECONDARY SOCIETIES AND BELAGAVI REGION – 590 001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13827 WP No. 107510 of 2025 4. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, UTTARA KANNADA, DIST: KARWAR – 581 342. 5. THE RETURNING OFFICER DCC LTD., SIRSI, UTTARA KANNADA 581 412. 6. NANDOLLI VIVIDODDESHA PRATAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITHA NADOLLI TQ: YALLAPUR, UTTARA KANNADA – 581 359, R/BY ITS DELEGATED MEMBER SHRI. TIMMANNA VENKATRAMAN BHAGWAT. 7. THE CANARA DCC BANK LTD SIRS, UTTARA KANNADA, R/BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3, R4 AND R5; SRI. A.P.HEGDE, ADVOCATE FOR R6; SRI. G.V.BHARAMAGOUDA, ADVOCATE FOR R2; SRI. VSHWANATH HEGE, 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 AND QUASH THE IMPUGNED LIST AS ANNEXURE-A SO FAR AS ITS RELATES TO SERIAL NO.15, DELEGATE NO.79 IN RESPECT OF RESPONDENT NO.6 STAY AND ITS DELEGATE 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:13827 WP No. 107510 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 and quash the impugned list as Annexure-A so far as its relates to serial No.15, delegate No.79 in respect of respondent no.6 stay and its delegate. B. Issue any other Writ or order as this Hon’ble Court may deems fit in circumstances of the case including the cost of these proceedings, in the ends of justice. 2. Heard the learned senior counsel Sri.Gurudas Kannur for Sri.Sourabh Hegde and Sri.Shriprasad Joshi appearing for the petitioner, learned AGA-Sri.Ramesh Chigari, appearing for respondent Nos.1,3,4 and 5, learned counsel Sri.G.V.Bharamagoudar, appearing for respondent No.2, learned counsel Sri.A.P.Hegde, appearing for respondent No.6 and learned counsel Sri.Vishwanath Hege, appearing for respondent No.7 - 4 - HC-KAR NC: 2025:KHC-D:13827 WP No. 107510 of 2025 3. Elections were held on 27.07.2024 to the Uttara Kannada Zilla Sahakari Union Niyamit, Kumta. 4. The delegate of respondent No.6 is said to have represented respondent No.6 previously in the elections held for the aforesaid Union, which was held on 27.07.2024. Respondent No.6 again was delegated to cast his vote in the election of another society in the elections that were held on 28.09.2025, as a delegate of respondent No.6. 5. The issue now is with regard to whether respondent No.6 can now again cast his vote, as a delegate in the ensuing elections. 6. Learned Senior counsel Sri.Gurudas S. Kannur submits that there is a clear bar under Section 21(3) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Act’ for short). Section 21 reads as follows: 21. Manner of exercising vote:- (1) Every member, [every representative,] every delegate and every nominee shall exercise his vote in person and not by proxy] [at a general - 5 - HC-KAR NC: 2025:KHC-D:13827 WP No. 107510 of 2025 meeting or an election of the members of the [board] of a cooperative society] [Explanation.—For the purposes of Section 20 and this section and wherever else it occurs, the word ‘delegate’ means a member of a cooperative society to represent that society in other cooperative societies.] (2) Notwithstanding anything contained in sub-section (1),— [(a) the [board] of a co-operative society which is a member of another co-operative society may appoint one of the members of the [board] to vote on its behalf in the affairs of that other society;] [Provided that where a new [board] has been elected to a cooperative society, such newly elected [board] shall send a delegate or nominee to any other cooperative society where it is a member.] [(b) where the Life Insurance Corporation of India, the State Warehousing Corporation or such other institutions approved by the State Government or a market [board] or a local authority or a firm, [or a self-help group] a company or any other body corporate constituted under any law for the time being in force is a member of a co-operative society, a person nominated by such institution, market [board] or local authority or a firm, [or a self-help group] a company or any other body corporate constituted under any law for the time being in force, may vote on its behalf in the [general meeting or the election of the members of the [board]] of the society;] (3) A member once nominated by the board of a Co-operative Society under clause (a) of sub-section (2) to vote on its behalf in any meeting of any other Co-operative Society shall not be changed except by a resolution passed with substantial reasons in a board meeting by a two third majority of the members present and voting in such meeting. However a Cooperative Society shall not nominate or appoint any member of the board to vote - 6 - HC-KAR NC: 2025:KHC-D:13827 WP No. 107510 of 2025 on behalf of it in more than two co- operative societies. 7. Section 21(3) of the Act bars a member once nominated by the Board of the Co-operative Society to vote in an election twice over, as the said Co-operative society should not nominate or appoint any member of the board to vote on its behalf in more than two Co-operative societies. It is an admitted fact that respondent No.6 has been nominated twice over, to vote as a delegate of respondent No.6-Society, in two of the elections that were held on 27.07.2024 and 28.09.2025. Therefore, the bar under Section 21(3) would kick in. 8. Learned counsel appearing for the respondent would submit that the Society should be permitted to delegate any other member of the Society to represent it in the ensuing elections, if the law would permit, this Court would not put fetters on such liberty of respondent No.6. 9. In that light, respondent No.6 now being ineligible in terms of Section 21(3) of the Act, he shall not - 7 - HC-KAR NC: 2025:KHC-D:13827 WP No. 107510 of 2025 be permitted to delegate the respondent No.6-Society, and cast a vote in the ensuing elections. With the aforesaid observation the petition stands disposed of. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 2 Sl No.: 1