- 1 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100548 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. VINITHA W/O. MANOHAR M., AGE: 41 YEARS, OCC: SWR EMPLOYEE, R/O: PLOT NO.4, LAKSHMI LAYOUT, NEAR SHANTINAGAR CHURCH, HUBLI - 580032 MEMBERSHIP NO.: 15503 SL. NO. IN REJECTION LIST: 149 2. MANOHAR S/O. MAHADEVASWAMY, AGE: 40 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 39, AMTS COLONY, KARWAR ROAD, HUBLI - 580024 MEMBERSHIP NO.: 14735 SL. NO. IN REJECTION LIST: 110 3. PRASHANT CHOUGALE S/O. SIDDAPPA, AGE: 44 YEARS, OCC: SWR EMPLOYEE, R/O: DR. AMBEDKAR COLONY, AYODHYA NAGAR, HUBLI - 580024 MEMBERSHIP NO.: 01200514128 SL. NO. IN REJECTION LIST: 70 4. NAGARJUN S/O. PAPANNA, AGE: 37 YEARS, OCC: SWR EMPLOYEE, R/O: NO.666, CEMENT CHAWL, VINOBA NAGAR, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 23297 SL. NO. IN REJECTION LIST: 804 5. MANIKPRABHU S/O. NARAYAN PETKAR, AGE: 40 YEARS, OCC: SWR EMPLOYEE, R/O: NO.10, ULAVI CHENNABASAVESHWAR COLONY, GOPANAKOPPA, HUBLI – 580020, MEMBERSHIP NO.: 1200513476, SL. NO. IN REJECTION LIST: 30. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 6. PAVANKUMAR N. R. S/O. RANGASWAMY N, AGE: 35 YEARS, OCC: SWR EMPLOYEE, R/O: NUGGEHALLI POST, CHENNARAYAPATTANA TQ:HASSAN – 573 131, MEMBERSHIP NO.: 1200519566, SL. NO. IN REJECTION LIST: 422. 7. M. VENKATASWAMY S/O. M. C. NAGAIAH, AGE: 42 YEARS, OCC: SWR EMPLOYEE, R/O: H NO. 44/47, NEW KANYA NAGAR EXTENSION, NEAR CHETANA COLONY, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 1200520583 SL. NO. IN REJECTION LIST: 519 8. KRISHNA S/O. NAIDU V. K., AGE: 37 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 123/134, MANTOOR ROAD, NEAR ICE PLANT, MOULALI BLOCK, HUBLI - 580030 MEMBERSHIP NO.: 18291 SL. NO. IN REJECTION LIST: 312 9. SOMESH S/O. BASAVARAJ PADESUR, AGE: 42 YEARS, OCC: SWR EMPLOYEE, R/O: NO.1467/K, RAILWAY QUARTERS, TYPE 1, RAIL NAGAR, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 16432, SL. NO. IN REJECTION LIST: 198. 10. SANJAY S/O. UTTAM PAWAR, AGE: 37 YEARS, OCC.: SWR EMPLOYEE, R/O: #1144/B, RAILWAY QUARTERS, KESHWAPUR, CLUB ROAD, HUBLI - 580023 MEMBERSHIP NO.: 23365 SL. NO. IN REJECTION LIST: 821 11. DAVID AROKIASWAMY S/O. ADAIKALASWAMY, AGE: 37 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 497/B, CEMENT CHAWL, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 19747 SL. NO. IN REJECTION LIST: 446 - 3 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 12. SHANKAR LAMANI S/O. MOTHILAL WACHAPPA L., AGE: 40 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 1528/K, RAILWAY QUARTERS, NEW VINOBHA NAGAR, GADAG ROAD, HUBLI – 580020, MEMBERSHIP NO.: 1200518605 SL. NO. IN REJECTION LIST: 339 13. JAMEER MOHAMMED KHAN DANGE S/O. YAKUB, AGE: 37 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 662/A, CEMENT CHAWL, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 1200520559 SL. NO. IN REJECTION LIST: 510 14. NAGARAJ PERUR S/O. GANGAPPA PERUR, AGE: 44 YEARS, OCC: SWR EMPLOYEE, R/O: NO.24, INDIRA NAGAR, NEAR BANKAPUR CHOWK, P.B. ROAD, OLD HUBLI, HUBLI - 580024 MEMBERSHIP NO.: 22790 SL. NO. IN REJECTION LIST: 747 15. EDUKONDALU NAIK R S/O. DHARMA NAIK R., AGE: 57 YEARS, OCC: SWR EMPLOYEE, R/O: NO.1363/A, OPP. ELC SUB-STATION, KESHWAPUR, HUBLI - 580023 MEMBERSHIP NO.: 14750 SL. NO. IN REJECTION LIST: 111. 16. CHANDSAB D. PATIL, AGE: 43 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 1394/C, OPP. CHALUKYA INSTITUTE, RAILWAY QUARTERS, VINOBHA NAGAR, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 1200513809 SL. NO. IN REJECTION LIST: 51. 17. PREMKUMAR KUDALI S/O. SUMANT, AGE: 44 YEARS, OCC: SWR EMPLOYEE, R/O: H. NO. 222, MANTOOR ROAD, AMBEDKAR COLONY, HUBLI - 580020 MEMBERSHIP NO.: 18775, SL. NO. IN REJECTION LIST: 355. - 4 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 18. SHYAMALA N D/O. LINGAYYA, AGE: 33 YEARS, OCC: SWR EMPLOYEE, R/O: NO.72/A, GADAG ROAD, SLUM AREA, NEAR RAILWAY KANNADA SCHOOL, HUBLI – 580 020, MEMBERSHIP NO.: 19381 SL. NO. IN REJECTION LIST: 409 19. MADHUSUDHAN SHELLIKERI S/O. MOHANRAO, AGE: 40 YEARS, OCC: SWR EMPLOYEE, R/O: NO.225, VENKATESHWARA NAGAR, GOKUL ROAD, HUBLI – 580020, MEMBERSHIP NO.: 24795, SL. NO. IN REJECTION LIST: 1018. 20. RAVI HARIKANTH S/O. BABU, AGE: 40 YEARS, OCC.: SWR EMPLOYEE, R/O: BETKULI POST, KUMTA TQ., UTTARA KANNADA – 58133, MEMBERSHIP NO.: 18034 SL. NO. IN REJECTION LIST: 297 21. NINGAPPA HATTI S/O. TIPPANNA, AGE: 40 YEARS, OCC.: SWR EMPLOYEE, R/O: NO.122/B, KALE LAYOUT, BACKSIDE BENGERI, HUBLI – 580023, MEMBERSHIP NO.: 18606, SL. NO. IN REJECTION LIST: 340. 22. YASHWANT BANIKATTI S/O. NAGAPPA, AGE: 41 YEARS, OCC.: SWR EMPLOYEE, R/O: NO. 1528/1, RAILWAY QUARTERS, VINOBHA NAGAR, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 14227 SL. NO. IN REJECTION LIST: 77 23. RAMANJANEYLU B., AGE: 40 YEARS, OCC.: SWR EMPLOYEE, R/O: NO.34, NEHRU NAGAR, GADAG ROAD, HUBLI – 580 020, MEMBERSHIP NO.: 13785, SL. NO. IN REJECTION LIST: 50. 24. SUDHENDRA MUNDAGOD S/O. RAGHAVENDRA, AGE: 53 YEARS, OCC: SWR EMPLOYEE, - 5 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 R/O: SHANTI NAGAR, KESHWAPUR, HUBLI – 580023, MEMBERSHIP NO.: 21895, SL. NO. IN REJECTION LIST: 650. 25. VANI PUJARI D/O. NAGAPPA, AGE: 43 YEARS, OCC: SWR EMPLOYEE, R/O: NO.314/478, ANCHIGATTI GOVT. HIGHSCHOOL, ADRGUNCHI, HUBLI – 580028 MEMBERSHIP NO.: 1200523635 SL. NO. IN REJECTION LIST: 851 26. LATHA GOKAK D/O. TANAJI, AGE: 52 YEARS, OCC: SWR EMPLOYEE, R/O: NO.104, SPRINGWOOD APARTMENTS TEACHERS COLONY, BESIDE ST. MICHAEL SCHOOL, SULYA ROAD, HUBLI – 580023, MEMBERSHIP NO.: 1200514515, SL.NO. IN REJECTION LIST: 96. 27. VASUDEV NAIK S/O. VITTAL NAIK, AGE: 30 YEARS, OCC: SWR EMPLOYEE R/O #1508, RAILWAY QUARTERS, GADAG ROAD, HUBLI – 580020 MEMBERSHIP NO.: 1200521666 SL. NO. IN REJECTION LIST: 626 28. VENKATESH RATHOD S/O. MAHADEVAPPA, AGE: 33 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 14778, RAILWAY QUARTERS, TYPE-2, RAIL NAGAR, GADAG ROAD, HUBLI – 580020, MEMBERSHIP NO.: 1200519094, SL. NO. IN REJECTION LIST: 387. 29. MARUTEPPA SINDOGI S/O. HANUMANTHAPPA, AGE: 43 YEARS, OCC: SWR EMPLOYEE, R/O: DADEGAL, KOLUR POST, KOPPAL TQ., KOPPAL - 583231 MEMBERSHIP NO.: 1200517625 SL. NO. IN REJECTION LIST: 274 - 6 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 30. ANAND BADIGER S/O. SHIVARUDRAPPA, AGE: 35 YEARS, OCC: SWR EMPLOYEE, R/O ALALAGERI POST, BYADAGI TQ., HAVERI DIST – 581 106. MEMBERSHIP NO.: 1200518773 SL. NO. IN REJECTION LIST: 353 31. VISHNUCHARAN N. N. S/O. NINGACHARI N, AGE: 46 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 1508/E, RAILWAY QUARTERS, TYPE-1, RAIL NAGAR, GADAG ROAD, HUBLI – 580020, MEMBERSHIP NO.: 1200518778, SL. NO. IN REJECTION LIST: 356. 32. ANNAPPA ROTTIGWAD S/O. DHAMANNA, AGE: 38 YEARS, OCC: SWR EMPLOYEE, R/O: CHIKKANARTHI, HIRENARTHI POST, KUNDAGOL TQ., DHARWAD DIST. - 581113 MEMBERSHIP NO.: 1200519686 SL. NO. IN REJECTION LIST: 440. 33. IMAMHUSEN TAKKED S/O. DONGARISAB, AGE: 41 YEARS, OCC: SWR EMPLOYEE, R/O: HOLE ALUR POST, NEAR RAILWAY STATION, DHARWAD DIST. - 582203 MEMBERSHIP NO.: 1200519456 SL. NO. IN REJECTION LIST: 417 34. HUANAMAPPA BANDAKERI S/O. YAMANAPPA, AGE: 38 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 28, RAJ NAGAR, REVENUE COLONY, OPP. KENDRIYA VIDYALAYA, HUBLI – 580020, MEMBERSHIP NO.: 1200519751, SL. NO. IN REJECTION LIST: 447. 35. ASHOK MANJUNATH S/O. LAXMAN, AGE: 46 YEARS, OCC: SWR EMPLOYEE, R/O: KADAPATTI VILLAGE, HALYAL POST, KUNDAGOL TQ., HUBLI – 581113, MEMBERSHIP NO.: 1200513658, SL. NO. IN REJECTION LIST: 42. - 7 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 36. CHANDRU KURATTI S/O. VEERAPPA, AGE: 38 YEARS, OCC: SWR EMPLOYEE, R/O: IST CROSS, 5TH WARD, RANIPET, HOSPET, VIJAYANAGAR DIST – 583201, MEMBERSHIP NO.: 1200518600, SL. NO. IN REJECTION LIST: 337. 37. SYED MOHAMMED ALI S/O. SYED ANWAR, AGE: 38 YEARS, OCC: SWR EMPLOYEE, R/O: H. NO. 14/C, MANTOOR ROAD, VALLABH BHAI NAGAR, HUBLI - 580020 MEMBERSHIP NO.: 1200517419, SL. NO. IN REJECTION LIST: 250. 38. SOLOMON NADAKATTIN S/O. ABRAHAM, AGE: 44 YEARS, OCC: SWR EMPLOYEE, R/O: BASEL MISSION COMPOUND, NEAR SNEHALAYA BOYS HOME, BETAGERI-GADAG – 582 102, MEMBERSHIP NO.: 1200516431, SL. NO. IN REJECTION LIST: 197. 39. NAYEEM BASHA S/O. ABDUL SATTAR, AGE: 39 YEARS, OCC: SWR EMPLOYEE, R/O: NO. 1525/A, VINOBHA NAGAR, GADAG ROAD, HUBLI – 580020, MEMBERSHIP NO.: 1200517626, SL. NO. IN REJECTION LIST: 275. 40. GURUNATH S/O. RAMASWAMY, AGE: 43 YEARS, OCC.: SWR EMPLOYEE, R/O: NO. 907/H, RAILWAY QUARTERS, GADAG ROAD, HUBLI - 580020 MEMBERSHIP NO.: 1200522463 SL. NO. IN REJECTION LIST: 716 …PETITIONERS (BY SRI KIRAN ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA , REP. REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, #01, ALI ASKER ROAD, NEAR RAJ BHAVAN, VASANTH NAGAR, BENGALURU – 560 052, - 8 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 2. THE COMMISSIONER, CO-OPERATIVE ELECTION AUTHORITY, #3RD FLOOR, SHANTI NAGAR, TTMC, ‘A’ BLOCK, KENGAL HANUMANTHAIAH ROAD, RAJA RAM MOHAN ROY EXTENSION, BENGALURU - 560027 3. THE DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU – 570 001. 4. THE PRESIDENT, THE RAILWAY CO-OPERATIVE BANK LTD., SHESHADRI IYER ROAD, MYSURU – 570 001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R3; SRI G.V.BHARMAGOUDAR, ADVOCATE FOR R2; SRI IRJAN NAGARAJ, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(2)(A-IV) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES AND LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AN 243ZO OF THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE COMMITTEE OF MANAGEMENT OF THE 4TH RESPONDENT SOCIETY FOR THE TERM 2025-30 SCHEDULED TO BE HELD IN THE MONTH OF FEBRUARY, 2025 AND PERMIT THE PETITIONERS TO TAKE PART IN THE ELECTION PROCESS BY CONTESTING AND CASTING THEIR RESPECTIVE VOTES IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioners are before this Court seeking for the following reliefs : “A) Issue a writ of appropriate nature to declare that Section 20(2)(a-iv) the Karnataka Co- Operative Societies Act is ultra vires and legislative competence and Article 243ZI an 243ZO of the Constitution of India, in the interest of justice and equity. B) Issue a writ of mandamus directing the Respondents to conduct the Elections to the Committee of Management of the 4th Respondent Society for the term 2025-30 scheduled to be held in the month of February, 2025 and permit the Petitioners to take part in the election process by contesting and casting their respective votes in the interest of justice and equity. C) 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. During the pendency of the above matter, elections have been held and results are to be declared. A co-ordinate bench of this Court in its order dated 07.06.2022 in Writ Petition No.8502 of 2022 and connected mater has held in similar matters that the counting is required to be - 10 - NC: 2025:KHC-D:3992 WP No. 100548 of 2025 completed, results announced and liberty was reserved to avail the remedy of filing a election petition, if aggrieved by the results, I am of the opinion that the said order would also be applicable to the present matter. Hence, I pass the following : ORDER (i) Writ petition is disposed of. (ii) The Returning Officer is directed to announce the result after counting of the votes within 3 days from date of receipt of a copy of this order. (iii) All contentions and allegations of the petitioners are left open to be agitated in proceedings in election petition, if and so filed. (iv) Pending application, if any, does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE RHR/CT-ASC List No.: 2 Sl No.: 11