- 1 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 33836 OF 2025 (CS-EL/M) BETWEEN: SINGANAYAKANAHALLI RYTHARA SEVA SAHAKARA SANGHA LTD., HAVING ITS REGISTERED OFFICE AT SINGANAYAKANAHALLI YELAHANKA TALUK BENGALURU URBAN DISTRICT, BENGALURU-560064 REPRESENTED BY ITS DIRECTOR/DELEGATE MS. VANISHREE VISHWANATH THE SOCIETY IS REGISTER UNDER THE KARNATAKA CO-OPERATIVE ACT 1960 & PETITIONER (BY SRI. D.R. RAVI SHANKAR, SR. ADVOCATE FOR SRI. ARUN .G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDINGS DR. BR AMBEDKAR ROAD BENGALURU 560 001. REPRESENTED BY ITS SECRETARY. 2. STATE CO-OPERATION ELECTION AUTHORITY, 3RD FLOOR, TTMC 'A' BLOCK, SHANTHINAGAR BENGALURU - 560 027. REPRESENTED BY ITS ELECTION COMMISSION Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 3. BANGALORE URBAN, BANGALORE RURAL AND BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD. BENGALURU 560 018. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003 ... RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA R1 & 4 SRI. A. DEVARAJ, ADVOCATE FOR R2 SRI. S. RAJASHEKAR, ADVOCATE FOR SRI. NATARAJ BABU K., ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE VOTERS LIST PUBLISHED BY THE 3RD RESPONDENT BANK, DATED 17.10.2025 WHEREIN, THE PETITIONER SANGHA HAS BEEN DECLARED AS AN INELIGIBLE VOTER AT SL.NO.5 OF THE BENGALURU NORTH DIVISION, VIDE ANNEXURE-A AND DIRECTING THE 3RD RESPONDENT BANK TO DECLARE THE PETITIONER SANGHA AS AN ELIGIBLE VOTER, ENTITLED TO VOTE AND CONTEST IN THE ELECTIONS TO THE 3RD RESPONDENT BANK SCHEDULED TO BE HELD ON 07.12.2025. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 20.11.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MRS JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 CAV ORDER The petitioner-Society has approached this Court seeking issuance of writ in the nature of Certiorari, to set aside the ineligible voters list published by respondent No.3-Bank dated 17.10.2025, produced as per Annexure-A, declaring that the petitioner - Society is ineligible to vote, and to issue writ of Mandamus directing respondent No.3 to permit the petitioner - Society to contest and vote in the election that is scheduled to be held on 07.12.2025. 2. Heard Sri. D.R.Ravishnakar, learned senior advocate for Sri Arun G., learned counsel for the petitioner, Sri.Yogesh D. Naik, learned Additional Government Advocate for respondents No.1 and 4 and Sri. S. Rajashekar, learned counsel for Sri. Nataraj Babu K., learned counsel for respondent No.3. Perused the materials on record. 3. Learned senior advocate for the petitioner contended that only on the ground that the petitioner has not availed the minimum service as per Byelaw No.4(8)(vi), it has been disqualified from either contesting or voting in the election. While drawing the attention of the Court to Bye-laws produced - 4 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 as per Annexure-E, he contended that the amendment disqualifying the petitioner - Society either to contest or vote in the election was brought with effect from 21.09.2022. Further the Bye-law was approved by the Joint Registrar of Co- operative Societies as per Annexure-F and the amendment came into force with effect from 03.12.2022. Therefore, the petitioner - Society is having two more years to comply with the requirements and in the meantime, Society cannot be held to be ineligible either to contest or to vote in the election on such ground. 4. Learned senior advocate further contended that disqualification from voting as provided under Section 17 of KCS Act is entirely different from disqualification from membership under Section 20(2) of KCS Act. While drawing the attention of the Court to Annexure-R1, learned senior advocate for the petitioner contended that the said amendment which was brought with effect from 03.02.2016, is referable only to Section 17 and not to Section 20 of KCS Act. Now the relevant portion of the amendment, amending Section 20 was approved on 21.09.2022 in the General Body and brought into effect from 03.12.2022. Therefore, learned senior advocate - 5 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 contended that the amendment of the year 2022 makes it clear that, if minimum service is not availed as per Byelaws for any 2 Co-operative years out of the last 5 Co-operative years, as referred to in Section 20(2)(a-v) of KCS Act, such members will not have a right to vote at a general meeting or an election of members of the Board for a period of one year. Therefore, the petitioner-Society is still having 2 more years within which it can satisfy the requirement by utilizing the minimum service. 5. Learned Senior advocate contended that the petitioner -Society is ready to file an affidavit undertaking to avail the minimum service as required under Section 20(2)(a-v) read with the amended Byelaws of the Society, within next 2 cooperative years. Under these circumstances, he contends that Annexure-A - the ineligible voters list published by respondent No.3 is liable to be quashed in view of the ensuing election that is scheduled to be held on 07.12.2025. Accordingly, he prays for allowing the petition. 6. Per contra, learned counsel for respondent No.3 and learned AGA for respondent Nos.1 and 4, opposing the petition submit that the Co-ordinate Bench in KC Nagaraja v. State of - 6 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 Karnataka and Ors1 in a similar situation, considered as to whether the Society had availed minimum service for a period of 5 Co-operative years or not, and held that, under Section 20(2)(a-v) of KCS Act, the member therein was ineligible to vote if it fails to avail the minimum service for 2 years out of 5 preceding years. Therefore, the dispute is no more res integra to consider it once again. 7. Learned counsel for respondents also contended that Annexure-R5 is the order dated 23.11.2020 in KR Puttaraju and Ors v. The State of Karnataka and Ors2 passed by the Co-ordinate Bench of this Court wherein, the petitioner-Society had approached this Court challenging similar order and was successful in obtaining the interim order, permitting it to contest and vote in the election for respondent No.3 therein, without reference to Section 20(a-iv-v) of the KCS Act. Therefore, the petitioner-Society was aware of such disqualification even in the year 2020. But again after 5 years when the election is to be held, the petitioner has approached 1 W.P No. 20979 of 2024 DD. 19.08.2024 2 W.P No. 13176 of 2020 DD 23.11.2020 - 7 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 this Court with a similar prayer and therefore, the same is liable to be rejected. 8. Learned counsel for respondents, drawing the attention of the Court to Annexure-F produced by the petitioner contended that the date of amendment was not relevant to be taken into consideration to hold that the petitioner-Society is having 2 more years to comply with the conditions and to qualify for voting in view of the amended Byelaws. Learned counsel contended that as per Annexure-R1, it could be seen that similar condition was there even earlier, but the period of 3 years that was prevailing was reduced to 2 years by amending the Bye-laws. Hence, the petitioner is not entitled for any relief in the present petition. 9. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition?" - 8 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 My answer to the above point is in the 'affirmative' for the following: REASONS 10. The petitioner is challenging Annexure-A-the ineligible voters list issued by respondent No.3, disqualifying the petitioner either to contest or to vote in the election that is scheduled to be held on 07.12.2025, for the reason that as per Byelaw No.4(8)(vi), it has not availed minimum service of availing KCC loan and to disburse the same to its members. The said Byelaw referred to in Annexure-A is produced as per Annexure-E. Clause-4(8)(vi) of the Byelaw refers to the requirement for the member to avail minimum service for a period of 3 years, failing which, getting disqualified to be a member. The minimum service referred to therein also includes availing loan from District Central Bank and to disburse the same to its members. 11. Annexure-E refers to the amendment brought to this Clause during 2022. Annexure-F issued by the Joint Registrar of Co-operative Societies approving the Byelaw pertaining to the District Central Co-operative Bank, Bengaluru, - 9 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 highlighted the requirement of Byelaw as prevailing from 2016 till just before bringing the amendment into effect. The proposed amendment which was accepted and approved under Clause-4(8)(vi) referred to in Annexure-F makes it clear that during the preceding 5 years, if the Society fails to avail the minimum services atleast for a period of 2 years, a delegate or a member will be disqualified from voting in the election for a period of 1 year in the General Body Meeting or in the election that is to be held to elect the Board members. 12. When Annexure-A specifically refers to Byelaw No.4(8)(vi) to disqualify the petitioner-Society from voting, obviously it is for not availing the minimum service of availing the loan from the District Central Co-operative Bank and disbursing it to its members. Therefore, the petitioner - Society can avail such service within a period of 5 years. Since the amendment was brought into force in the year 2022, the said service can be availed in the next two Co-operative years, as from the date of amendment only 3 years have lapsed. Hence, the petitioner can avail such benefit within next 2 years, failing which, it would be disqualified from voting as per the Byelaws. Under such circumstances, I find considerable force in the - 10 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 contentions taken by the learned senior advocate for the petitioner. When there are no other serious lapse are made out as a ground for disqualification, I am of the opinion that the petitioner may be permitted to contest and vote in the election that is scheduled to be held on 07.12.2025, subject to the condition that, within 5 years the petitioner-Society shall avail such minimum service and satisfy the requirements of the Byelaws. 13. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Writ petition is allowed. (ii) The voters list published by respondent No.3 dated 17.10.2025, produced as per Annexure- A disqualifying the petitioner - Society from contesting and voting, is hereby quashed insofar it relates to the petitioner. (iii) The petitioner is permitted to contest and vote in the election that is scheduled to be held on 07.12.2025, subject to the condition that the - 11 - HC-KAR NC: 2025:KHC:48499 WP No. 33836 of 2025 petitioner - Society shall avail minimum service and satisfy the requirements of Byelaws. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 30