- 1 - HC-KAR NC: 2025:KHC-D:17046 WP No. 107623 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107623 OF 2025 (CS-EL/M) BETWEEN: SHRI. NARENDRA S/O. RAMA TALEKAR, AGE. 48 YEARS, OCC. PRESIDENT AMADALLI SEVA SAHAKARI SANGHA NIGAMA LTD., AMADALLI, R/O. 43, BRAMHADEVAVADA, TQ. KARWAR, DIST. UTTARA KANNADA – 581 354. …PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY DEPARTMENT OF CO OPERATION, M S BUILDING, BANGALORE – 560 006. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY, 3RD FLORE SHANTI NAGAR, TTMC, A BLOCK, K H ROAD, SHANTI NAGAR, BENGALURU 560 027, R/BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, AND INSPECTION OFFICER, UTTAR KANNADA. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17046 WP No. 107623 of 2025 4. THE RETURNING OFFICER (AMADALI CO-OPERATIVE SOCIETY) AND SALE OFFICER, CORPORATIVE SOCIETY ASST REGISTER OFFICE, KARWAR, DIST. UTTAR KANNADA – 581 301. 5. THE MANAGING DIRECTOR, KDCC BANK LTD. SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA – 581 301. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 TO R4; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R5; SRI. SADIQ N. GOODWALA, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN FAVOUR OF PETITIONER BY QUASHING THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.5 VIDE REFERENCE NO.AADALITA/CHUNAVANE/9908/2025-26 DATED 26/09/2025 VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY. THE HON’BLE COURT BE KINDLY ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO 5 TO IMPLEAD THE PETITIONER NAME AND ALLOW HIM TO PARTICIPATE IN THE ELECTION PROCESS OF THE RESPONDENT NO.5 WHICH IS TO BE HELD ON 25/10/2025 AND CAST VOTE IN THE UPCOMING ELECTION VIDE ANNEXURE-L DATED 4/10/25 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17046 WP No. 107623 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: "a. Issue a writ of certiorari or any other writ or order in favour of petitioner by quéshing the endorsement issued by the resonant No.5 vide reference dated No.Aadalita /Chunavane/ 9908/2025-26 26.09.2025 vide Annexure-H in the interest of justice and equity. b. The Hon'ble Court be kindly issue writ of mandamus directing the respondent No.3 to 5 to implead the petitioner name and allow him to participate in the election process of the respondent No.5 which is to be held on 25.20.2025 and cast vote in the upcoming election vide annexure-L dated 4.10.2025. c. Any other writ deemed fit in the circumstances of the case be awarded." 2. Heard the learned counsel Sri. Venkatesh M. Kharvi appearing for the petitioner, learned AGA Sri. Ramesh Chigari for respondent Nos.1 to 4 and learned counsel Sri. G.V. Bharamagoudar for respondent No.5. 3. Owing to the submissions made on 15.10.2025 with regard to the ensuing elections, as was directed, as the Co- ordinate Benches have always held, voting rights were granted to the petitioner to vote in the ensuing elections. The petitioner - 4 - HC-KAR NC: 2025:KHC-D:17046 WP No. 107623 of 2025 has cast his vote. In the normal circumstance, the Co-ordinate Benches have relegated such petitioners under Section 70 of the Karnataka Co-operative Societies Act to raise a dispute if there is any other issue that remains on the merit of the matter. The same order is to be passed in the case at hand, but, the learned counsel appearing for the petitioner submits that he wants an answer on the merit of the matter. Therefore, the issue is taken up on its merit. 4. The petitioner's society was registered under the Karnataka Co-operative Societies Act, 1923 in the name of Amadalli Seva Sahakari Sangha Nigama limited. The society then ran into certain financial constraints and was closed down for 11 years. This is an admitted fact. On the score that the society was closed down for a period of 11 years and an amount of ₹21,29,789/- was due to be recovered, the petitioner's society when it revived in the year 2023 was not permitted to vote, nor represent itself in any election. Therefore, the petitioner has approached this Court in the subject petition. 5. The learned counsel appearing for the petitioner Sri. Venkatesh Kharvi submits that if reasonable time is granted - 5 - HC-KAR NC: 2025:KHC-D:17046 WP No. 107623 of 2025 amount of Rs.21,29,789/- will be recovered and the petitioner's right is to be restored. To that effect the petitioner is said to have submitted a representation. 6. The learned counsel Sri. Sadiq Godwala appearing for the impleading applicant would submit that he would have no objection or the respondents would have no objection if the matter is relegated under Section 70 of the ACt before the ARCS as is done in every case. But if the answer is to be rendered on its merit, it should be taken note of that the petitioner's society is in due for ₹21,29,789/-, as it was closed down for 11 years and now the petitioner cannot, by way of a representation, get the society resurrected and seek time for recovery of the said amount. Submission of the other respondents also would toe the lines of the counsel representing the impleading applicant. 7. The afore-narrated facts are not in dispute. The petitioner's society which comes to be registered suffered financial constraints and had to close down in the year 2012 and comes to be resurrected only in the year 2023, 11 years thereafter. But the amount that is in due is ₹21,29,789/-. The law is clear in this regard. If a society is in due of huge amounts - 6 - HC-KAR NC: 2025:KHC-D:17046 WP No. 107623 of 2025 and has not been recovered, the said society would not be permitted to vote in terms of the Karnataka Co-operative Societies Act. 8. In the light of the admitted fact that the society was closed down for 11 years and is back to life only in 2023, the recovery is still hanging on its head. Therefore, the writ petition being devoid of merit, stands dismissed. The voting rights that had been granted was only an interim order. The vote that the petitioner has cast, shall not thus count for any purpose, whatsoever, in the direk ensuing elections. The interim order that is subsisting stands vacated. The election that is held is directed to be taken to its logical conclusion. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC