- 1 - HC-KAR NC: 2025:KHC:28583 WP No. 22356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22356 OF 2025 (CS-EL/M) BETWEEN: H C JAGADEESH SON OF H. CHANNAPPA AGED ABOUT 56 YEARS. OCC: AGRICULTURE. R/O NO. 245, PALLAGATTE VILLAGE, JAGALUR TALUK DAVANAGERE-DISTRICT.-577513 …PETITIONER (BY SRI. M.R. HIREMATRHAD., ADVOCATE FOR SRI. SARVAMANGALA CHIKKANAGOUDAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC 'A' BLOCK, SHANTINAGAR, BANGALORE-560002 3. THE DISTRICT CO OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY DAVANAGERE DISTRICT DAVANAGERE-577002. 4. THE RETURNING OFFICER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28583 WP No. 22356 of 2025 TO THE ELECTIONS TO THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. PALLAGATTE, JAGALUR TALUK DAVANAGERE DISTRICT-577238 5. THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER PALLAGATTE, JAGALUR TALUK DAVANAGERE DISTRICT …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2 V/O/D 24.7.25 NOTICE TO R5 IS DEFERRED FOR NOW) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE UNNUMBERED, DATED 20/07/2025, ISSUED BY THE RESPONDENT NO. 4 RETURNING OFFICER, LIST OF REJECTED CANDIDATES AT ANNEXURE-E AND DIRECT THE RESPONDENT NO. 4 TO ACCEPT THE NOMINATION OF THE PETITIONER AND ALLOW THE PETITIONER TO PARTICIPATE AND CONTEST THE ELECTION TO THE BOARD OF DIRECTORS OF THE RESPONDENT NO. 5 SOCIETY ON 27/07/2025 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. To issue a writ of Certiorari to quash the unnumbered, dated 20.07.2025, issued by the R4 Returning Officer, List of rejected Candidates at - 3 - HC-KAR NC: 2025:KHC:28583 WP No. 22356 of 2025 Annexure-E and direct the R4 to accept the nomination of the petitioner and allow the petitioner to participate and contest the election to the Board of Directors of the R5 Society on 27.07.2025. b. Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 2. The grievance of the petitioner is that the nomination submitted by the petitioner was not considered by respondent and as such he is not being permitted to contest the election to the Board of Directors of respondent No.5-Primary Society to be held on 27.7.2025. 3. Learned AGA on instructions submits that the petitioners name is found in the list of ineligible voters and it is for that reason that the nomination cannot be accepted. The further submission learned AGA is that number of candidates to the number of posts being the same, the persons who had contested have been declared to be unanimously elected in terms of Rule 14 (A)(G) and Form No.12 has been issued. - 4 - HC-KAR NC: 2025:KHC:28583 WP No. 22356 of 2025 4. In that view of the matter, elections having already been completed has held by this Court in Sri Chittaranjana.N.S.D vs. The State of Karnataka & ors. in WP No.6632/2025 dated 2.5.2025, the petitioner cannot now be permitted to file his nomination. 5. If at all, the petitioner is aggrieved by alleged election of any particular candidate and/or by the improper rejection of the nomination was of the petitioner, liberty is reserved to the petitioner to raise a dispute in terms of Section 70 of the KCS Act, 1959. 6. With the above observation, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 75