- 1 - NC: 2025:KHC:8019 WP No. 1541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1541 OF 2025 (CS-EL/M) BETWEEN: THE AMARA JYOTHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. NO.40, LAKSHMI COMPLEX, 3RD FLOOR, KR ROAD, BENGALURU-560 002 REPTD. BY ITS PRESIDENT. …PETITIONER (BY SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR SRI.NATARAJU T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU- 560 001. REPTD. BY ITS REGISTRAR FOR CO-OPERATION. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDHA, NO.146, 3RD FLOOR, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8019 WP No. 1541 of 2025 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES(I&D), O/O. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU – 560 001. 4. KARNATAKA CO-OPERATIVE ELECTION AUTHORITY TTMC BUILDING, SHANTHINAGAR, BANGALORE-560 020 BY ITS SECRETARY. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 04.01.2025 IN NO.AANI(KY AND HY)/CHUNAVANE/129/2024-25 ISSUED BY R-3 VIDE ANNX-D AND DIRECT THE R-3 TO APPOINT A RETURNING OFFICER TO CONDUCT ELECTION TO THE PETITIONER SOCIETY AS PER THE LETTER DATED 13.01.2025 VIDE ANNEXURE-F REF AHBCS/012/2024-25. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:8019 WP No. 1541 of 2025 ORAL ORDER The petitioner is seeking for the following reliefs: “a) Issue a writ in the nature of certiorari quashing the letter dtd. 04.01.2025 in No. AaNi(KY and HY)/Chunavane/129/2024-25 issued by Respondent No.3 vide Annexure-D. b) Issue a writ in the nature of mandamus, directing the respondent No.3 to appoint a Returning Officer to conduct election to the petitioner society as per the letter dtd:13.01.2025 vide Annexure-F Ref AHBCS /012/2024-25.” 2. Heard the learned Senior counsel Sri Jaykumar S Patil, for the petitioner and the learned AGA for the respondents and perused the material on record. 3. The petitioner is a house building Co-operative Society (‘Society’ for short) registered under the Karnataka Cooperative Society Registration Act, 1959, (“Act” for short). The election of the Board of the Society was conducted on 21.01.2020 and the term of the Board of the petitioner-Society expires after a period of 5 years i.e., on 18.01.2025. On 29.10.2024 the Board of the - 4 - NC: 2025:KHC:8019 WP No. 1541 of 2025 petitioner-Society passed a resolution by resolving to submit a letter to the respondent No.4-Authority to conduct the election and a letter was submitted on 20.12.2024 to the Authority to conduct the election in accordance with law. Respondent No.3, by a letter of communication dated 04.01.2025 indicated that the requisition of the petitioner-Society is submitted to respondent No.3 belatedly and hence the request of the petitioner-Society was forwarded to respondent No.2 for further action. 4. Learned Senior counsel for the petitioner submits that on 07.05.2024, the petitioner-Society issued a letter to respondent No.4-Authority indicating the term of the Board of the Society expires on 18.01.2025 and the election process needs to be started in respect of the petitioner-Society. It is submitted that the petitioner- Society had issued notices as contemplated under Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (“Rules” for short) to the ineligible voters. However, the - 5 - NC: 2025:KHC:8019 WP No. 1541 of 2025 receipt of the objections by the ineligible voters was not communicated to respondent No.4-Authority and there is a minor lapse on part of the Society in not sending a communication to the Authority about any objections received under Rule 13-D of the Rules from the ineligible voters. 5. Learned AGA files an affidavit of respondent No.3-Additional Registrar of Co-operative Society and Election Officer, indicating that the Society has not completed the requirement as per Rule 13-D(5) of the Rules and the proceedings were not initiated by the petitioner before 120 days, before the expiry of the term of the Board. It is submitted that the respondents would conduct the election of the Board on or before 30.04.2025. 6. In this context, learned Senior counsel appearing for the petitioner submits that as respondent No.3 indicates about the conduct of the election, the present Board of management should not be subjected to - 6 - NC: 2025:KHC:8019 WP No. 1541 of 2025 any disqualification on account of non-conducting of election as the Society has set in motion the process of election. However, in light of minor lapses on the part of the Board in not intimating the concerned Authority in time could not make the Board of the petitioner-Society disqualified or penalized. Further, it is submitted by the counsel for the petitioner that the benefit be given to the Directors and Board of the Management in terms of the decision of the Division Bench of this Court in the case of Mysore & Chamarajanagar District Cooperative Bank Ltd., and others vs. The State of Karnataka, Dept. of Cooperation and others1 (Mysore & Chamarajanagar District Cooperative Bank). 7. The material on record would indicate that the petitioner - Society has taken steps for conducting the election before the expiry of the term of the office within the stipulated time. Having perused the material on record, the decision of the Mysore and 1 MANU/KA/008/2024 (W.A. No.1333/2023) - 7 - NC: 2025:KHC:8019 WP No. 1541 of 2025 Chamarajanagar District Co-operative Bank, stated supra aptly applies to the present facts and this Court is of the considered opinion that benefit be given to the Board members. There appears to be sufficient force in the submission made by the learned Senior counsel for the petitioner for the sole reason that the material on record clearly indicates that the petitioner had informed the Authority on 07.05.2024 about the term of the Board being expiring on 18.01.2025 and the petitioner has set in motion the election process by issuing notice under Rule 13-D(2-A) of the Rules. The non-intimating of the procedure, which was followed under Rule 13-D of the Rules to the concerned Authority should not make the Board for any disqualification or penalization. In the peculiar facts and circumstances, this Court pass the following order. ORDER i. The writ petition is allowed in part. ii. The respondent Nos.2 and 4 are directed to conduct the election of the petitioner- - 8 - NC: 2025:KHC:8019 WP No. 1541 of 2025 Society on or before 30.04.2025 by issuance of calendar of events and appointing Returning Officer. iii. The Board of the petitioner-Society not to be penalized or disqualified on account of non-conducting the election within the expiry period of the term. Sd/- ____________________ JUSTICE K.S. HEMALEKHA YKL List No.: 1 Sl No.: 35