- 1 - HC-KAR NC: 2025:KHC-D:12691 WP No. 106973 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106973 OF 2025 (CS-EL/M) BETWEEN: SRI SIDDI VINAYAKA VIVIDODDESHA PRATHAMIKA GRAMEEN KRISHI SAHAKAR SANGHA NIMYAMITHA CHANDAGULI UPALESHWARA-581 359, TQ. YELLAPUR, UTTARA KANNADA DISTRICT, REP. BY CHIEF EXECUTIVE OFFICER, PRASHANT G BHAT. …PETITIONER ((BY SRIYUTHS. A.P. HEGDE JANMANE AND VIJAY M. MALALI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, 6TH FLOOR, BANGALORE -01. 2. CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, SHANTINAGAR, BENGALURU-560027. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI REGION, BELAGAVI AND ELECTION OFFICER TO ALL SECONDARY SOCIEITES BELAGAVI REGION-590001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12691 WP No. 106973 of 2025 4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITES, UTTARA KANNADA DISTRICT, KARWAR, U K DISTRICT-581342. 5. RETURNING OFFICER T.A.P.C.M.S, LTD. YELLAPUR AND CO-OPERATIVE DEVELOPMENT OFFICER, YELAPUR, U.K. DISTRICT-581342. 6. YELLAPUR TALUKA AGRICULTURAL PRODUCE CO-OP MARKETING SOCIETY LTD., YELLAPUR, UTTARA KANNADA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-581342. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1, R3, R4 & R5; G.V. BHARAMAGOUDAR, ADVOCATE FOR R2; N.V.YAJI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.5 TO PERMIT THE PETITIONER SOCIETY TO CONTEST AND CAST VOTE IN THE BOARD OF ELECTION OF RESPONDENT NO.6 SOCIETY VIDE ANNEXURE-H, ELECTION TO BE HELD ON 28.09.2025 A.A. ISSUE WRIT IN THE NATURE OF CERTIORAI BY QUASHING THE ENDORSEMENT DATED 01.09.2025 BEARING NO.JRL/A/CR-84/2025-26 ISSUED BY RESPONDENT NO.3 AS PER ANNEXURE D1.B. ANY OTHER RELIEF AS THIS HON BLE COURT DEEMS FIT IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRILIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12691 WP No. 106973 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue writ in the nature of mandamus by directing the respondent no.5 to permit the petitioner society to contest and cast vote in the board of election of Respondent No.6 society vide Annexure-H, election to be held on 28.09.2025. a.1. Issue writ in the nature of certiorari by quashing the endorsement dated 01.09.2025 bearing No.JRL/A/CR-84/2025-26 issued by respondent no.3 as per Annexure D1. b. Any other relief as this Hon’ble Court deems fit in the ends of justice. 2. The issue in the present matter has been dealt with today in a detailed order passed in W.P.No.106972 of 2025. For the very same reasons, the present petition would be required to be allowed. 3. The reasoning in W.P.No.106972 of 2025 is made part of this order. - 4 - HC-KAR NC: 2025:KHC-D:12691 WP No. 106973 of 2025 4. The petitioner had applied for membership of respondent No.6 society on 14.10.2022, which came to be rejected on 10.11.2022. The same having been challenged before the DRCS, the DRCS, by order dated 30.01.2023, set aside the order of rejection dated 10.11.2022. The said order had been challenged before the JRCS. The JRCS dismissed the appeal on 19.08.2024. 5. In that view of the matter, I hold that the petitioner had become a member of respondent No.6 Society on 30.01.2023, if not on 10.11.2022, on account of the deeming fiction under Section 16 (4) of the KCS Act. 6. Accordingly, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondent No.5 to permit the petitioner Society to contest and cast its - 5 - HC-KAR NC: 2025:KHC-D:12691 WP No. 106973 of 2025 vote in the election to the Board of Directors of respondent No.6 Society to be held on 28.09.2025. iii. Respondent No.6 shall act on the operative portion of the order without insisting for the entire order. iv. Respondent No.6 is also directed to act on a printout of the uploaded copy of this order without insisting on a certified copy. v. Learned counsel for respondent No.6 is directed to inform respondent No.6 about the above order. Learned AGA is also directed to inform the Returning Officer about the above order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 21