- 1 - HC-KAR NC: 2025:KHC:44540 WP No. 17737 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 17737 OF 2025 (CS-EL/M) BETWEEN: 1. MAHESH S/O T H SHANKARANARAYANA AGED ABOUT 50 YEARS DELEGATE OF MYSURU REGIONAL EMPLOYMENT AND TRAINING DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE PREMISES, N R MOHALLA, MYSURU-570007 2. RAJASHEKAR S/O LATE SHIVANANJAPPA AGED ABOUT 72 YEARS DELEGATE OF BHARATHIYA CO-OPERATIVE BANK LTD. CHAMARAJANAGAR-571313 (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44540 WP No. 17737 of 2025 REPRESENTED BY ITS SECRETARY. 3. DISTRICT ELECTION OFFICER AND DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU 571105 4. THE ELECTION OFFICER AND ASSISTANT COMMISSIONER MYSURU DIVISION, MYSURU -571105. 5. MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU-571105. REPRESENTED BY ITS CEO, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU-571105. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1, 3, 4 AND 6; SRI. TL KIRAN KUMAR., ADVOCATE FOR R2; SRI. K ANANDA., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO R6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 26/06/2025. AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44540 WP No. 17737 of 2025 CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard Sri. Sandesh TB, learned counsel for the petitioners and Sri. Yogesh D Naik, learned Additional Government Advocate for respondents No.1, 3, 4 and 6, Sri. TL Kiran Kumar, learned counsel for respondent No.2, Sri. K Ananda, learned counsel for respondent No.5. 2. Petitioners have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 6 to include their names in the eligible voters list and permit them to vote in the election to respondent No.5 - DCC Bank that was scheduled to be held on 26.06.2025 produced as per Annexure-A. 3. The election for the Society was held on 26.06.2025. As per the interim order, the petitioners were permitted to cast their votes in the election that was held on 26.06.2025, subject to the final outcome of the petition. It is ordered that the petitioners shall not claim any equities in this regard. Pursuant to the interim order, the petitioners have exercised their right and cast the votes. - 4 - HC-KAR NC: 2025:KHC:44540 WP No. 17737 of 2025 4. Since the petitioners are seeking to include their names in the eligible voters list, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act. 5. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of the copy of this order. The Returning Officer-Respondent No.6 is directed to declare the election result without counting the vote cast by the petitioners. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 4