- 1 - NC: 2025:KHC:7598 WP No. 3749 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3749 OF 2025 (CS-EL/M) BETWEEN: 1. ANASUYAMMA W/O K. RAMEGOWDA AGED ABOUT 65 YEARS SHARE NO. 7774 R/A ALPAHALLI VILLAGE HOONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432 2. MADHU A.R W/O RAVI KUMAR AGED ABOUT 44 YEARS SHARE NO. 7775 R/A R/A ALPAHALLI VILLAGE HOONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432 3. NAGAMANI.B.K W/O A.R.HARISHA AGED ABOUT 32 YEARS SHARE NO. 7769 R/A ALPAHALLI VILLAGE HOONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7598 WP No. 3749 of 2025 4. DAMENTHAMMA W/O RAMEGOWDA AGED ABOUT 59 YEARS SHARE NO. 8195 R/A R/A ALPAHALLI VILLAGE HOONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432 5. SAHANA W/O DHARMENDRA AGED ABOUT 31 YEARS SHARE NO. 8194 R/A ALPAHALLI VILLAGE HOONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 432 6. DAYAMANI.H.S W/O NARASIMHEGOWDA AGED ABOUT 33 YEARS SHARE NO. 7311 R/AT CHOWDUGONAHALLI VILLAGE HONAKERE HOBLI NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432 …PETITIONERS (BY SRI. PUTTARAJU A C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING DR. B R.AMBEDKAR VEEDHI - 3 - NC: 2025:KHC:7598 WP No. 3749 of 2025 BANGALORE -01 REP. BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, 'A' BLOCK, TTMC, SHANTHI NAGARA BANGALORE-560027 REP ITS COMMISSIONER 3. JOINT REGISTRAR OF CO OP SOCIETIES. MYSORE DIVISION, MYSORE 570 024 4. DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OP SOCIETIES, MANDYA DISTRICT, MANDYA- 571 401 5. ASSISTANT REGISTRAR OF CO-OP SOCIETIES PANDAVAPURA MANDYA DISTRICT- 571 401 6. THE RETURNING OFFICER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA / EXECUTIVE OFFICER, TALUK PANCHAYATH NAGAMANGALA-571 432 7. PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, NAGAMANGALA (SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE - 4 - NC: 2025:KHC:7598 WP No. 3749 of 2025 SOCIETIES ACT 1959) NAGAMANGALA TALUK MANDYA DISTRICT- 571 432 BY ITS MANAGER …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R7 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELIGIBLE VOTER LIST OF THE 7TH RESPONDENT SOCIETY VIDE ANNEXURE-A PREPARED BY THE 7TH RESPONDENT SOCIETY FOR NON BORROWERS CONSTITUENCY IN SO FAR AS PETITIONERS ARE CONCERNED AND ETC. THIS 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 ORAL ORDER The petitioner seeks for the following prayers: i. Issue Writ of Certiorari quashing the eligible voter list of the 7th Respondent Society vide Annexure A prepared by the 7th Respondent Society for non borrowers constituency, in so far as Petitioners are concerned. ii. Issue writ of Mandamus or any other appropriate writ or direction, directing the respondents to conduct the election to the 7th - 5 - NC: 2025:KHC:7598 WP No. 3749 of 2025 Respondent Bank for the term 2025-2030 by including the Petitioners in the voter list of 7th Respondent Bank in the 1st constituency (Borrowers Constituency) and permit the Petitioners to vote in the 1st constituency (Borrowers Constituency) in the election of the 7th Respondent Bank to be held on 08/02/2025. iii. Pass such other writ or orders as may be appropriate in the facts and circumstances of the case, in the ends of justice. 2. Heard the learned counsel appearing for the petitioners, learned AGA for the State and Sri.T.L.Kiran Kumar, learned counsel for Respondent No.2/authority. 3. Though the Society has been served with the notice they have chosen to remain absent. 4. The petitioners contend that they have borrowed the loan from the 7th respondent - Bank and they come under the first (borrowers) constituency of the Society. The members of the Society who have borrowed the loan and residents of the village come under the Cheenya and Hoonakere Panchayats, which comes under the first (borrowers) constituency. It is the case of the petitioner that the names of the petitioners are included in the Non - 6 - NC: 2025:KHC:7598 WP No. 3749 of 2025 Borrowers Constituency. As such, the petitioners gave representation to the 7th respondent/Society to remove their names from the non-borrowers constituency, i.e., the general constituency and include the name in the first (borrowers) constituency of Society. 5. The elections of the 7th respondent-Society was scheduled on 08.02.2025. This Court by way of an interim arrangement, on 07.02.2025, permitted the petitioners to cast their votes in the election of the constituency No.1 and the managing committee of the 7th respondent/Society to be scheduled on 08.02.2025 subject to the final outcome of this petition. 6. The material on record reveals that the petitioners were borrowers and are eligible to vote in the First Borrowers Constituency, including the petitioners in the non borrower constituency takes away the right to participate in the election, in the peculiar facts and circumstances, this Court deems it appropriate to direct the returning officer to include the votes of the petitioners - 7 - NC: 2025:KHC:7598 WP No. 3749 of 2025 in the first (borrowers) constituency and this Court passes the following: ORDER i) The Writ Petition is allowed. ii) The returning officer is directed to count the votes of the petitioners casted in the first (borrowers) constituency and declare the results of the first (borrowers) constituency to the election held on 08.02.2025. Sd/- JUSTICE K.S. HEMALEKHA BNV List No.: 2 Sl No.: 34 CT:SNN