- 1 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100600 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. VENKATESH NARAYANA CHOUDHARI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNADA, SL NO 366. 2. GAYATRI ASHOK NAYAK, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. HADALAGI, TQ: SIRSI, DIST: UTTAR KANNDA. SL NO 389. 3. SRI. SATISH MALLESHAPPA VARAD, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: BANAVASI, DIST: UTTAR KANNDA. SL NO 399 4. MOHAN PARASAPPA KELAGINMANI, AGE: 53, OCC: AGRICULTURE R/O. YEDURBAIL, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 198 5. SMT. RENUKA NAGAPPA KELAGINMANI, AGE: 55, OCC: AGRICULTURE, R/O. YEDURBAIL, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 347 6. SMT. VEENA VASUDEV HEGDE, AGE: 56, OCC: AGRICULTURE R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 372. 7. NAGESH DATTRAY DIXIT, AGE: 76, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 298. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 8. RAMA TOPANNA ACHARI, AGE: 75, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 233. 9. RAJESHWARI BANURAJ MANGALURU, @ RAJESHWARI ANANTH HEGDE, AGE: 57, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 288. 10. SMT. PADMA RAVINDRA DIXIT, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 269. 11. CHANDRSHEKAR SOMASHEKAR CHAKRASALI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 390. 12. BASAVARAJ MALAKAPPA CHANNAYA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 220. 13. GANGAMMA GANAPATI DANNAJJER, AGE: 74 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 372. 14. GANGA RAMCHANDRA BHAT, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 255. 15. VIJAYLAXMI MAHESHWAR DIXIT, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 292. 16. SHARDA SUKUMAR AREAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 294. - 3 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 17. RAVI @ RAVINDRA KOLEKAR, AGE: 59, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 305. 18. SMT. YASHODA GANAPATI NAIK, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. BASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 277. 19. RAJU GIDDAPPA NAIK, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. NAROR, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 376. 20. GUNASHEKAR S. PILLAI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. BANAVAS, TQ: SIRSI DIST: UTTAR KANNDA SL NO 280 21. CHITRA LOKESH MADIVAL, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. MATAGUNI, TQ: SIRSI DIST: UTTAR KANNDA SL NO 372. 22. KUSUMA S. MADIWAL, AGE: 39 OCC: AGRICULTURE, R/O. MATAGUNI, TQ: SIRSI DIST: UTTAR KANNDA SL NO 322. 23. MAHADEV BOTEPPA CHENNAYA, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. BASI, TQ: SIRSI DIST: UTTAR KANNDA SL NO 405. 24. NAVEEN MANJAPPA NAIK, AGE: 39, OCC: AGRICULTURE, R/O. CHIKKABENGALI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 343. 25. ANAND B. NAIK, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. GUNDNAPUR, TQ: SIRSI DIST: UTTAR KANNDA SL NO 173. - 4 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 26. SITARAM KERIYAPPA NAIK, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. GUNDNAPUR, TQ: SIRSI DIST: UTTAR KANNDA SL NO 400. 27. ZAHEER A. SHAIK, AGE: 80, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI DIST: UTTAR KANNDA SL NO 245. 28. MUSTIHUDDIN ABDUL HALAM, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI DIST: UTTAR KANNDA SL NO 287. 29. FAIZULLA MARDHANSAB, AGE: 65, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 388. 30. MOUSIN MUNEER SAHIK, AGE: 34 OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 401. 31. MUJAMIL MUNEER SAHIK, AGE: 36, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 402. 32. ZAHEERAHAMAD M. SHAIK, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 317. 33. ABDUL REHAMAN ABDUL SAMAD, AGE: 55, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 337. 34. MAIMUNISSA ABDUL MUNAF, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 203. - 5 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 35. ABDUL KAREEM ABDUL ROUF SHAIK, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 330. 36. MOHAMMAD SALEEM A. JAWALI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 213. 37. ABDUL KHADAR ABDUL AZEEZ ANNI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 231. 38. ALEEM SHABZAN SAB, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. BANAVASI, TQ: SIRSI, DIST: UTTAR KANNDA SL NO 409. …PETITIONERS (BY SRI. VIJAY MALALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-01 2. CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, SHANTINAGAR, BANGALORE-560027. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT, KARWAR. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SIRSI SUB-DIVISION, SIRSI, UTTARA KANNADA DISTRICT-581302. 5. RETURNING OFFICER, BANAVASI VIVIDODDESH PRATHAMIK GRAMEEN SAHAKAR SANGH NIYAMIT, TQ: SIRSI, - 6 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 DIST: UTTAR KANNADA-581302. 6. BANAVASI VIVIDODDESH PRATHAMIK GRAMEEN SAHAKAR SANGH NIYAMIT, TQ: SIRSI, DIST: UTTAR KANNADA-581302 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1, R3 & R4; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2 & R5; SRI. J.S. SHETTY, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST DATED 10-01-2025 AS PER ANNEXURE-B AND PERMIT THE PETITIONERS TO CAST VOTE IN THE ELECTION OF 6TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 31-01-2025 (AS PER CALENDAR OF EVENTS) PRODUCED AT ANNEXURE-A DATED 10-01-2025 PASSED BY 5TH RESPONDENT FOR THE TERM 2024-2029 PERMITTING THE PETITIONERS TO CAST THEIR VOTE AND PARTICIPATE IN THE ELECTION IN TERMS AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. The present petition is filed by the petitioners seeking a writ of mandamus directing respondent No.5 to include the name of the petitioners in the final eligible voters list and permit them to cast vote in the 6th respondent- Society scheduled to be held on 31.01.2025 and for other consequential orders. - 7 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 2. The petitioners are duly admitted members of the 6th respondent-Society registered under the Co-operative Societies Act, 1959 (hereinafter referred to ‘the Act’, for short) in order to combat indebtedness and to empower citizens in the rural sector. 3. The District Election Officer declared the election to the 6th respondent-Society pursuant to which calendar of events were issued by the Returning Officer-5th respondent dated 10.01.2025. It is the contention of the learned counsel for the petitioners that the Returning Officer as well as the 6th respondent have not followed the procedure contemplated under the Act in preparation of the draft voters list and in the matter of issuing notices to attend the meeting of the society and not providing information to defaulters of the society. It is also the contention of the learned counsel for the petitioners that the respondents conducted the process of election in violation to the mandatory provisions of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960. It is the contention of the learned counsel for - 8 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 the petitioners that having violated the provisions of the Act and the Rules, a direction be issued to respondent No.5 to include the names of the petitioners in the final voters list. He contends that the right to form a co-operative society is a constitutional right and for the members to contest and cast their vote is a statutory right provided. It is further contended that 6th respondent-Society did not issue or serve the General Body Meeting notice to the petitioners, the date of the meeting and hence they were unable to attend the General Body Meeting. Therefore, non-attendance of the meeting leading to disqualification of the petitioners to vote for the election cannot amount to violation of the Rules and regulations of the Society. It is further contended that the Society has disqualified the petitioners for not attending the meeting of the Society and also for having been defaulters in the Society. Therefore, the petitioners are before this Court seeking direction to include their names in the final eligible voters list for participation in the election scheduled to be conducted by the Society. - 9 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 4. Per contra, learned counsel representing the State and other respondents contend that the action of 5th respondent does not call for interference, as final eligible voters list and non-eligible voters list have been published prior to calendar of events. On these grounds, they seek dismissal of the petition. 5. I have heard the learned counsel for the petitioners and the learned counsel for the respondents. 6. This Court vide order dated 29.01.2025 permitted the petitioners to cast their vote based on which the petitioners have cast their vote and it is submitted that the elections is also over. However, the results of the election ordered not to be declared without leave of this Court. 7. Learned counsel for the Society contends that six months is already over and the elected body has not been declared in view of the pendency of this petition and due to interference by the petitioners in the election process. It is further contended that now the election has been conducted - 10 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 and the petitioners have participated in the election, it would be in the interest of the petitioners as well the respondents to declare the results including the vote cast by the petitioners and if any person is aggrieved by the result of the election, they would be at liberty to challenge the same in the manner known to law before the appropriate forum. I am in agreement with the learned counsel for the petitioners and the respondents that since the petitioners were permitted to cast their vote, if the election results are announced which are not seriously objected by respondent No.6, the petitioner-society can proceed further in its day to day activities. 8. under the circumstances, I pass the following order: i. The petition is disposed of. ii. The results of the election shall be declared and announced taking into consideration to vote cast by the petitioners. If any of the - 11 - HC-KAR NC: 2025:KHC-D:7853 WP No. 100600 of 2025 parties are aggrieved by the result of the election, they are at liberty to file appropriate proceedings before the appropriate forum in the manner known to law. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK