- 1 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107692 OF 2025 (CS-EL/M) BETWEEN: SRI. BHIMSEN BALLAPAP BAGI S/O BALLAPPA BAGI, AGED ABOUT 40 YEARS, OCC. AGRICULTURIST AND DIRECTOR, MADHIHAL CREDIT CO-OPERATIVE SOCIETY, MADHIHAL, HUKKERI TALUK, BELAGAVI DISTRICT. …PETITIONER (BY SRI. A.P. HEGDE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND DISTRICT CO-OPERATIVE ELECTION OFFICER, BELAGAVI DC OFFICE, BELAGAVI- 01. 2. THE RETURNING OFFICER AND ASSISTANT COMMISSIONER TO CONDUCT ELECTIONS TO THE DCC BANK BELAGAVI, DIST. BELAGAVI, BELAGAVI- 01. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE BHAVAN BELAGAVI DIVISION, BELAGAVI- 590001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DIVISION, CO-OPERATIVE BHAVAN, BELAGAVI- 590001. 5. THE DISTRICT CO-OPERATIVE CENTRAL BANK, BELAGAVI REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 6. THE MADHIHALLI CREDIT CO-OPERATIVE SOCIETY, MADHIHALLI HUKKERI TALUK, BELAGAVI DISTRICT- 590001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 7. SRI. SHIVAJI SIDRAM GOTURI S/O SIDRAM GORURI, AGE. MAJOR, OCC. AGRICULTURIST AND DIRECTOR MADHIHALLI CREDIT CO-OPERATIVE SOCIETY,MADHIHALLI, HUKKERI TALUK, BELAGAVI DISTRICT. 8. THE CO-OPERATIVE ELECTION AUTHORITY DEPARTMENT OF CO-OPERATION 3RD FLOOR, SHANTINAGAR, TTMC A BLOCK KENGAL HANUMATHAIAH ROAD, RAJARAM MOHANROY EXTENSION, SHANTI NAGAR, BENGALURU- 27. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R2, SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R8, SRI. PRASHANT F. GOUDAR, ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A. ISSUE A WRIT, ORDER OR DIRECTION, DECLARING THAT THE PETITIONER IS DULY ELECTED REPRESENTATIVE/DELEGATE OF THE RESPONDENT NO. 6 SOCIETY TO CONTEST AND VOTE IN THE ELECTIONS SCHEDULED TO BE HELD ON 19.10.2025 FROM - 3 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 HUKKERI TALUK CONSTITUENCY IN TERMS OF THE RESOLUTION DATED 08.09.2025 AS PER ANNEXURE-B AND CONSEQUENTLY SET ASIDE THE RESOLUTION AT SUBJECT NO.2 DATED 24.09.2025 SO FAR AS ELECTING THE RESPONDENT NO.7 AS NOMINEE/DELEGATE OF THE RESPONDENT NO.6 SOCIETY AS PER ANNEXURE-D; B. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE FINAL VOTER LIST OF HUKKERI CONSTITUENCY OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES, ANNEXURE-G PUBLISHED FOR THE PURPOSE OF HOLDING ELECTION TO THE 5TH RESPONDENT BANK IN SO FAR AS NON-INCLUSION OF THE NAME OF THE PETITIONER AS DELEGATE OF THE RESPONDENT NO. 6 SOCIETY AND CONSEQUENTLY DELETE THE NAME OF THE 7TH RESPONDENT FROM THE FINAL VOTER LIST; C. ISSUE, A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO. 1 AND 2 TO PERMIT THE PETITIONER TO CONTEST AND VOTE IN THE ELECTIONS SCHEDULED TO BE HELD ON 19.10.2025 FOR THE 5TH RESPONDENT BANK BY ACCEPTING THE NOMINATION OF THE PETITIONER AS A REPRESENTATIVE/DELEGATE OF THE RESPONDENT NO. 6 SOCIETY IN TERMS OF THE RESOLUTION DATED 08.09.2025 VIDE ANNEXURE-B; D. ISSUE INCIDENTAL OR ANY OTHER RELIEF/S AS THIS HON BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN AID OF THE MAIN RELIEF SOUGHT FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. - 4 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows: “8. In the light of these rival submissions, the question for consideration is: Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners. 9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder: (3) The Election Officer shall take steps for publication of voters list in the following manner, namely:- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election. (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. The underlining is by this Court. 10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity - 5 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated 8.11.20211 does not meet these requirements. In fact, it is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices. 11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows: ‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of 1 This Public Notice reads as follows: ¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï-16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ. ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ ¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ. vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ. - 6 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society. 12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal.’ 12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act2. 2 70. Disputes which may be referred to Registrar for decision.- (1) Notwithstanding anything contained in any law for the time being - 7 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co-operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record. Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,— (a) xxxxxxxxx (2). For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:— (a). XXXXXXXXXXX (b). XXXXXXXXXXXXX (c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society. - 8 - HC-KAR NC: 2025:KHC-D:14434 WP No. 107692 of 2025 in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.” 2. Learned counsel would submit that, if the same order is passed, it would suffice in this case also. 3. In that light, the writ petition is disposed calling upon the respondent – Returning Officer to announce the result forthwith including the votes cast by the petitioners. All the contentions are left open for consideration in appropriate proceedings, if commenced. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 2 Sl No.: 11