- 1 - HC-KAR NC: 2025:KHC:44539 WP No. 18112 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. 18112 OF 2025 (CS-EL/M) BETWEEN: H D YOGENDRA S/O M B DEVEGOWDA AGED ABOUT 65 YEARS DELEGATE OF SNEHANIDHI MULTIPURPOSE CO-OPERATIVE SOCIETY LTD MYSURU, MYSURU DISTRICT - 570 001, REPRESENTED BY IT VICE PRESIDENT (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT -1959) (SR.CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (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 - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR TTMC A BLOCK K H ROAD SHANTINAGARA BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY 3. DISTRICT ELECTION OFFICER AND DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU -571105 4. THE ELECTION OFFICER AND ASSISTANT COMMISSIONER Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44539 WP No. 18112 of 2025 MYSURU DIVISION, MYSURU -571105 5. MYSURU AND CHAMARAJANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD NEHRU CIRCLE ASHOKA ROAD MYSURU -571105, REPRESENTED BY CEO, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 6. THE RETURNING OFFICER MYSURU AND CHAMARJANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU - 571 105 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 & R6 SRI. T.L. 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 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTES LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTION TO THE RESPONDENTS NO.5 WHICH IS SCHEDULE TO BE HELD ON 26.06.2025.(ANNEXURE-A) AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:44539 WP No. 18112 of 2025 ORAL ORDER Heard Sri. Sandesh TB, learned counsel for the petitioner 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. Perused the materials on record. 2. Petitioner being the delegate of Snehanidhi Multipurpose Co-operative Society Limited, Mysuru, has approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 6 to include the name of the petitioner in the eligible voters list and to permit the petitioner to vote in the election of respondent No.5 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 petitioner was permitted to cast vote in the election that was held on 26.06.2025, subject to the final outcome of the petition. It is ordered that the petitioner shall not claim any equities in this - 4 - HC-KAR NC: 2025:KHC:44539 WP No. 18112 of 2025 regard. Pursuant to the interim order, the petitioner has exercised his right and cast vote. 4. Since the petitioner is challenging Annexure-A, he 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 petitioner 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 petitioner. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 5