- 1 - NC: 2025:KHC:8562 WP No. 3373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3373 OF 2025 (CS-EL/M) BETWEEN: SRI. SATHISH K R S/O RAMAIAH AGED 42 YEARS R/AT. KADATHANAMALE VILLAGE ARAKERE POST, HESRAGATTA HOBLI, BANGALORE NORTH TALUK AND MEMBERS OF KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE VILLAGE, BANGALORE NORTH -562 136 …PETITIONER (BY SRI. SHIVARAMU H.C., 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, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8562 WP No. 3373 of 2025 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT ALI ASKAR ROAD BANGALORE-560 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN DISTRICT ALI ASKAR ROAD, BANGALORE-560 001. 5. THE RETURNING OFFICER (SRI.T.C. MUNIYAPPA) KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, HESARAGHATTA HOBLI, BANGALORE -560 089 BANGALORE NORTH TALUK, 6. KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE. ARAKERE POST, BANGALORE NORTH TALUK-562 136 REP. BY ITS SECRETARY. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. VINOD C.S., ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 - 3 - NC: 2025:KHC:8562 WP No. 3373 of 2025 TO R6 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CONTEST AND VOTE IN THE ELECTIONS TO THE R6 WHICH IS SCHEDULED TO BE HELD ON 20/02/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following reliefs: "Issue a writ of mandamus directing the respondent No.2 to 6 to include the name of the petitioner in the eligible voters list and permit the petitioner to contest and vote in the elections to the respondent No.6 which is scheduled to be held on 20.02.2025. 2. The facts made out by the petitioner is that the father of the petitioner namely, one Ramaiah has been an initial member of the Society since the year 1988-1989. Due to the advanced age and associated health concerns, - 4 - NC: 2025:KHC:8562 WP No. 3373 of 2025 Ramaiah sought to transfer Share No.21 in favour of his son, the petitioner herein and Ramaiah submitted a detailed representation to the respondent No.6-Society on 04.05.2023. The respondent No.6-Society did not consider the representation submitted by the petitioner's father, inter alia the election process of the Managing Committee of the 6th respondent was initiated and the eligible and ineligible voters list was published and the petitioner has been included in ineligible list. The application submitted by the petitioner's father was considered and the share of the said Ramaiah was transferred in the name of Sathish K.R. i.e., the petitioner herein on 03.04.2024. The grievance of the petitioner is that the petitioner has been considered in ineligible list on the ground that the petitioner has not completed one year of membership. 3. It is the case of the petitioner that if the representation submitted by his father on 04.05.2023 was considered, the petitioner would not be ineligible to cast - 5 - NC: 2025:KHC:8562 WP No. 3373 of 2025 his vote in the elections that was scheduled on 20.02.2025. 4. The counsel appearing for the respondent- Society fairly submits that the petitioner's father had submitted his application in the year 2023 and the same was accepted only on 03.04.2024, which is nearly after a lapse of one year. 5. I.A.No.1/2025 is filed by the impleading applicants raising several contentions and contending that the petitioner is not entitled to contest and vote in the upcoming elections as the petitioner has not attended 3 general body meetings and the respondent No.6-Society has erroneously accepted the membership of the petitioner only on 03.04.2024 and as such, the petitioner was rightly included in the ineligible voters list. 6. Having heard learned counsel appearing for the parties and perused the materials on record. - 6 - NC: 2025:KHC:8562 WP No. 3373 of 2025 7. It is not in dispute that the petitioner's father submitted his representation on 04.05.2023 and the same was accepted by the Society only on 03.04.2024 transferring Share No.21 of his father in favour of petitioner/ Sathish.K.R. If the representation of the petitioner's father ought to have been accepted on 04.05.2023, the petitioner would have been qualified and eligible to contest and vote in the elections that was scheduled on 20.02.2025. In the exceptional circumstances made out, the vote cast by the petitioner to be included while counting the votes of the election that was scheduled on 20.02.2025 and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer shall announce the results of the election, which was scheduled on 20.02.2025 including the vote cast by the petitioner. iii. Liberty is reserved to the aggrieved party to approach the appropriate Forum under Section 70 of the Karnataka Co-operative - 7 - NC: 2025:KHC:8562 WP No. 3373 of 2025 Societies Act, 1959, if so advised in accordance with law. Sd/- JUSTICE K.S. HEMALEKHA PSJ List No.: 2 Sl No.: 5 CT:SNN