- 1 - NC: 2025:KHC:8054 WP No. 3682 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.3682 OF 2025 (CS-EL/M) BETWEEN: S. ANANTH S/O LATE S. SHIVASHANKER AGE ABOUT 57 YEARS, R/O 1016, 46TH CROSS, 4TH BLOCK DR. RAJKUMAR ROAD, BENGALURU-560010. … PETITIONER (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, 6TH FLOOR, 3RD BLOCK, M.S. BUILDING, BANGALORE-560001. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER (ICDP), ALI ASKER ROAD BENGALURU- 560001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8054 WP No. 3682 of 2025 4. RETURNING OFFICER, THE SOMAVAMSHA SAHASRARJUNA KSHATRIYA CO-OPERATIVE SOCIETY LTD., NO.43, GOPALAKRISHNASWAMY, TEMPLE STREET CHICKPET CROSS BANGALORE-560053. 5. THE SOMAVAMSHA SAHASRARJUNA KSHATRIYA COOPERATIVE SOCIETY LTD., NO.43, GOPALAKRISHNASWAMY, TEMPLE STREET CHICKPET CROSS BANGALORE-560053 REPRESENTED BY ITS CEO. … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-4; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI G. CHANDRASEKHARAIAH, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.3, 4 AND 5 TO INCLUDE THE NAME OF THE PETITIONER AS ELIGIBLE MEMBER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CONTEST, VOTE PARTICIPATE IN THE ELECTION TO BE HELD TO BE HELD TO THE RESPONDENT NO.5 SOCIETY ON 16-02-2025; DIRECTING THE RESPONDENT NO.4 ACCEPT THE NOMINATION PAPERS OF THE PETITIONER IN THE LIST OF ELIGIBLE CANDIDATES TO CONTEST IN THE ELECTION FOR THE RESPONDENT No.5 SOCIETY SCHEDULED TO BE HELD ON 16/02/2025. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:8054 WP No. 3682 of 2025 ORAL ORDER The petitioner is seeking for the following prayers: “i) Issue a writ in the nature of mandamus directing the Respondent No.3, 4 and 5 to include the name of the petitioner as eligible member in the eligible voters list and permit the petitioner to contest, vote participate in the election to be held to be held to the Respondent No.5 society on 16-02- 2025. ii) Issue a writ in the nature of mandamus directing the Respondent No.4 accept the nomination papers of the petitioner in the list of eligible candidates to contest in the election for the Respondent No.5 society scheduled to be held on 16/02/2025. iii) Issue such any other order or writ or direction that this Hon’ble Court may deems fit in the facts and circumstances of the case, in the interest of Justice and Equity.” 2. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioner to contest and cast his vote in the election of board of directors of respondent - 4 - NC: 2025:KHC:8054 WP No. 3682 of 2025 No.5-society scheduled on 16.02.2025 made subject to final outcome of this petition. 3. Heard Sri Devi Prasad Shetty, learned counsel for the petitioner, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri G. Chandrasekharaiah, learned counsel for respondent No.5. 4. Counsel for the petitioner submits that the election has been held as scheduled on 16.02.2025 and the petitioner has cast his vote. 5. Learned counsel for the petitioner submits that the petitioner was included in the defaulters list, the petitioner paid the installment due of Rs.48,500/- on 27.01.2020 and accordingly, respondent No.5-society issued an endorsement stating that the petitioner has paid the installment due and that the petitioner does not have any due amount to the society. It is submitted that in spite of the petitioner having repaid the entire borrowed amount, the petitioner has been included in the ineligible - 5 - NC: 2025:KHC:8054 WP No. 3682 of 2025 voters list on the ground that his wife, who had availed loan, has not repaid the amount. Taking the Court to Section 29-C (1) (a) of the Karnataka Co-Operative Societies Act, 1959 (‘Act’ for short) learned counsel submits that including the name of the petitioner in the ineligible voters list is contrary to the said provision. 6. Learned counsel for the respondent-society submits that the petitioner has paid the loan installment in respect of his loan amount, however, he was a co- applicant in respect of the loan borrowed from his wife and his mother and thus, the petitioner has been included in the ineligible voters list. 7. Section 29-C (1-a) of the Act reads as under: “29-C. Disqualification for membership of the [board]. – (1) No person shall be eligible for being elected or appointed or continued as a member of the [board] of any co-operative society], if. – (a) he is in default to that society or any other co- operative society or souhardha in respect of any dues from him as borrower” - 6 - NC: 2025:KHC:8054 WP No. 3682 of 2025 8. A plain reading of the aforementioned section clearly indicates that no person shall be elected as a Director if he is in default to the said society or to any other cooperative society in respect of any dues from him as a borrower, the embargo is that the person seeking to be elected should not be a borrower. The petitioner who had obtained the loan has closed the loan account, which is not disputed by respondent No.5-society and also available from the material placed before this Court. The petitioner is only a co-applicant in respect of the loan borrowed by his wife and his mother and thus, the inclusion of the name of the petitioner in the ineligible voters list on the ground that the petitioner is a defaulter is unsustainable. In the said circumstances, this Court pass the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioner and - 7 - NC: 2025:KHC:8054 WP No. 3682 of 2025 announce the results of the election, which was scheduled on 16.02.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 13