- 1 - HC-KAR NC: 2025:KHC-D:16037 WP No. 107798 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. 107798 OF 2025 (CS-EL/M) BETWEEN: 1. SHRI. KAMALKANT S/O. NAGESH NAIK, AGE: 76 YEARS, OCC: DIRECTOR MULTIPURPOSE PRIMARY RURAL KRUSHI PATTIN SAHAKARI SANGH, GOTEGALI, R/O: 117, HINDUWADA, MALLAPUR, TQ: KARWAR, DIST: UTTARA KANNADA – 581. 2. SHRI. ANIL S/O. NARAYAN BHAVANAKAR, AGE: 61 YEARS, OCC: DIRECTOR, MULTIPURPOSE PRIMARY RURAL KRUSHI PATTIN SAHAKAR SANGH, GOTEGALI, R/O: MAARATHAWAD, BHAIRE, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA – 581. 3. SHRI. DEVIDAS S/O. LAXMAN LOLEKAR, AGE: 61 YEARS, OCC: DIRECTOR, MULTIPURPOSE PRIMARY RURAL KRUSHI PATTIN SAHAKAR SANGH, GOTEGALI, R/O: GOTEGALI, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA – 581. 4. SMT. AHILYA W/O. MURARI PADAWALKAR, AGE: 85 YEARS, OCC: DIRECTOR, MULTIPURPOSE PRIMARY RURAL KRUSHI PATTIN SAHAKAR SANGH, GOTEGALI, R/O: GOTEGALI, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA – 581. 5. SMT. SHOBHA W/O. MADHU MHASLEKAR, AGE: 61 YEARS, OCC: DIRECTOR, MULTIPURPOSE PRIMARAY RURAL KRUSHI PATTIN SAHAKAR SANGH GOTEGALI, R/O: MAARATHAWAD, BHAIRE, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA – 581. …PETITIONERS (BY SRI. VENKATESH M. KHARVI, ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16037 WP No. 107798 of 2025 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 AUTHOTIRY, 3RD FLORE SHANTI NAGAR, TTMC, A BLOCK KH ROAD, SHANTI NAGAR, BENGALORE – 560 027, R/BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, AND INSPECTION OFFICER KDCC BANK, SIRSI, UTTAR KANNADA. 4. THE RETURNING OFFICER AND DEPUTY COMMISSIONER, UTTARA KANNADA OF KDCC BANK, SIRSI, TQ: SIRSI, DIST: UTTAR KANNADA. 5. THE MANAGING DIRECTOR, KDCC BANK LTD., SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA. 6. THE CHIEF EXECTUTIVE, THE MULTIPURPOSE PRIMARAY RURAL KRUSHI PATTIN SAHAKAR SANGH, GOTEGALI – BALNI, KARWAR, UTTAR KANNADA. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 & R3; SRI. VISHWANATH HEGDE, ADVOCATE FOR R4 & R5; SRI. SADIQ N. GOODWALA, ADVOCATE FOR PROP R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN FAVOUR OF PETITIONER NO.2 BY DIRECTING THE RESPONDENT NO.3 AND 4 TO CONSIDER REPRESENTATION DATED 04/10/2025 VIDE ANNEXURE-G AND PASS SUITABLE ORDER ACCORDING TO THE LAW IN THE INTEREST OF JUSTICE AND EQUITY. CONSEQUENTLY THE HON’BLE COURT BE KINDLY ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 AND 4 TO CONSIDER THE PETITIONER NO.2 AS DELEGATE AND IMPLEED THE PETITIONER IN THE VOTER LIST AND - 3 - HC-KAR NC: 2025:KHC-D:16037 WP No. 107798 of 2025 PARTICIPATE IN THE ELECTION OF THE RESPONDENT NO.5 BANK AND CAST VOTE ON BEHALF OF RESPONDENT NO.6 SOCIETY WHICH IS TOO BE HELD ON 25/10/2025 AND ETC., 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 petitioners are before this Court seeking the following prayer: A. Issue a Writ of Mandamus or any other writ or order in favour of petitioner no.2 by directing the respondent no.3 and 4 to consider representation dated 04/10/2025 vide Annexure-G and pass suitable order according to the law in the interest of justice and equity. B. Consequently the Hon’ble court be kindly issue writ of Mandamus directing the respondent no.3 and 4 to consider the petitioner no.2 as delegate and impleed the petitioner in the voter list and participate in the election of the respondent no.5 bank and cast vote on behalf of respondent no.6 society which is too be held on 25/10/2025. C. Any other writ deemed fit in the circumstances of the case be awarded. 2. The prayer of the petitioners is seeking a direction to respondent Nos.3 and 4 to consider the representation dated 04.10.2025. It transpires that the present representation is submitted after the elections are over, complaining about the conduct of the elections. The elections to the society was held on - 4 - HC-KAR NC: 2025:KHC-D:16037 WP No. 107798 of 2025 25.10.2025. The writ petition though had been preferred on 23.10.2025 seeking a direction for issuance of a writ in the nature of mandamus to consider the representation, today, it remains that the election is already over and all the grievances that is projected in the representation with regard to the voters list being faulty or any other complaint, now cannot be directed to be considered at the hands of the respondent No.3 by way of a representation. The petitioner is reserved liberty to urge all these before the appropriate forum in an appropriately drawn Election Petition, in the event, he so desires. No mandamus can be issued that would run counter to law. 3. Therefore, the petition stands dismissed reserving the aforesaid liberty. As a consequence, I.A.1/2025 for impleading do not survive for consideration. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC