- 1 - HC-KAR NC: 2025:KHC-D:16894 WP No. 107842 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107842 OF 2025 (CS-EL/M) BETWEEN: SHRI. NANDAKISHOR S/O. BHIKAJI NAIK AGE: 54 YEARS, OCC: MEMBER MULTIPURPOSE PRIMARY RURAL KRISHI PATTINA SAHAHKARI SANGHA, HOSALI, KARWAR R/O: H.NO. 219, DUGANAWADA, HOSALI TQ. KARWAR, DIST. UTTARA KANNADA 581354. …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 560006. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLORE SHANTI NAGAR, TTMC, A BLOCK KH ROAD, SHANTI NAGAR, BENGALORE 560027 R/BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND INSPECTION OFFICER KDCC BANK SIRSI UTTAR KANNADA 581354. 4. THE RETURNING OFFICER AND DEPUTY COMMISSIONER UTTARA KANNADA OF KDCC BANK, SIRSI, TQ. SIRSI, DIST. UTTAR KANNADA 581354. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16894 WP No. 107842 of 2025 5. THE MANAGING DIRECTOR KDCC BANK LTD., SIRSI, TQ. SIRSI, DIST. UTTAR KANNADA 581354. 6. THE ASSISTANT REGISTER CO OPERATIVE SOCIETY TQ. SUB DIVISION KARWAR DIST. UTTAR KANNADA 581354. 7. VIVIDDHESH PRATHAMIK GRAMEEN KRISHI PATTINA SAHAKARI SANGHA, CHANDIYA KARWAR UTTARA KANNADA-581354. 8. SHRI VENKATARAMAN THAKU GUNAGI AGE: 61 YEARS, OCC: MEMBER MULTIPURPOSE PRIMARY RURAL KRISHI PATTINA SAHAKARI SANGHA CHENDIYA R/O CHENDIYA TQ. KARWAR, DIST. UTTARA KANNADA 581354. …RESPONDENTS (BY SMT. NANDINI SOMAPUR, ADVOCATE FOR R1, R3, R4 AND R6; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2; SRI. VISHWANATH HEGDE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN FAVOUR OF PETITIONER BY QUASHING THE FINAL LIST PREFERRED BY THE RESPONDENT NO 3 TO 6 SO FAR AS RESPONDENT NO 8 IS CONCERNED AS DELEGATED OF RESPONDENT NO. 7/SOCIETY TO CASTE VOTE AS HIS DELEGATE NO 009 AND MEMBERSHIP NO 527 OF UPCOMING ELECTION OF RESPONDENT NO 5 WHICH TO BE HELD ON VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY. B) THE HONBLE COURT BE KINDLY ISSUE WRIT OF MANDAMUS DIRECTING TH RESPONDENT NO 3 TO 5 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 18/10/2025 AND CANCEL THE VOTING RIGHT OF THE RESPONDENT NO 8 OF VIDE ANNXURE- H. - 3 - HC-KAR NC: 2025:KHC-D:16894 WP No. 107842 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 or any other writ or order in favour of petitioner by quashing the Final list preferred by the respondent no 3 to 6 so far as respondent no 8 is concerned as delegated of respondent No.7/society to caste vote as his delegate no 009 and membership no 527 of upcoming election of respondent No 5 which to be held on vide Annexure-G 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 consider the representation of the petitioner dated 18/10/2025 and cancel the voting right of the respondent no 8 of vide Annexure- H. C) Any other writ deemed fit in the circumstances of the case be awarded. 2. The elections, which were ensuing at the time of filing the petition, are now over. Therefore, the remedy available to the petitioner to urge all contentions lies before the Assistant Registrar of Cooperative Societies and not by way of a properly drawn election petition before this Court in the subject petition. Reserving such liberty to the petitioner, the petition stands disposed of, as is done in a plethora of cases by this Court upon completion of elections. Moreover, in cases where an interim - 4 - HC-KAR NC: 2025:KHC-D:16894 WP No. 107842 of 2025 order is subsisting in the case at hand there is not even an interim order granted. Therefore the petitioner is at liberty to avail of such remedy as is available in law before the appropriate fora. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 1 Sl No.: 101