- 1 - HC-KAR NC: 2025:KHC:40589 WP No. 7785 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 7785 OF 2022 (CS-RES) BETWEEN: 1. SRI. PRASANNA KUMAR S/O. LATE SRI. SAVANDAYYA, AGED ABOUT 42 YEARS R/AT. DODDAVADAGERE MADHURE HOBLI, DODDABALLAPURA TALUK KARNATAKA - 561 203 2. SMT. PREMA W/O. SRI. SHIVAKUMAR V.S., AGED ABOUT 38 YEARS, R/AT CHIKKAVADAGERE KANNAMANGALA POST, DODDABALLAPUR BENGALURU RURAL DISTRICT, KARNATAKA - 561203 3. SRI. SHIVAKUMAR S/O. LATE SRI. KENCHAIAH, AGED ABOUT 55 YEARS, R/AT. CHIKKAVADAGERE, KANNAMANGALA POST, DODDABALLAPUR BENGALURU RURAL DISTRICT, KARNATAKA - 561203 4. SRI. HAMZATH KHAN S/O. LATE SRI. REHAMATH KHAN, AGED ABOUT 45 YEARS, R/AT. DODDAVADAGERE, MADHURE HOBLI, KANNAMANGALA POST DODDABALLAPUR BENGALURU RURAL DISTRICT, KARNATAKA - 561203 5. SRI. NAGADEV V.C. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40589 WP No. 7785 of 2022 S/O. LATE SRI. CHANDRASHEKARAIAH, AGED ABOUT 55 YEARS, R/AT. CHIKKAVADAGERE, KANNAMANGALA POST, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT KARNATAKA - 561 203 &PETITIONERS (BY SRI. R.B. SADASIVAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPT. OF CO-OPERATIVE SOCIETY, M.S. BUILDING, BENGALURU - 560001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD NEAR RAJBJHAVAN, VASANTH NAGAR, BENGALURU - 560 052 3. THE SECRETARY CHIKKAVADAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY, CHIKKAVADAGERE, KANNAMANGALA POST, DODDABALLAPUR BENGALURU RURAL DISTRICT, KARNATAKA - 561 203 4. THE RETURNING OFFICER THE ASSISTANT REGISTRAR CHIKKAVADAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY, CHIKKAVADAGERE KANNAMANGALA POST DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT, KARNATAKA - 561 203 &RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 & 2 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R4 (AB) R3 - SD/-) - 3 - HC-KAR NC: 2025:KHC:40589 WP No. 7785 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL LIST OF VOTERS ISSUED BY THE R-3 WHICH IS PRODUCED AT ANNX-C. AND DIRECT THE R-3 TO ISSUE FRESH LIST OF VOTERS BY INCLUDING THE NAME OF THE PETITIONERS TO ENABLE THE PETITIONERS TO EXERCISE THEIR VALUABLE RIGHT OF VOTING. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER It is noticed that the petitioners are seeking writ in the nature of Certiorari, to quash the final list of voters issued by respondent No.3 produced as per Annexure-C and direct him No.3 to issue fresh list of voters including the names of the petitioners to enable them to exercise their right of voting. 2. Learned Additional Government Advocate raised a dispute regarding maintainability of the petition on the ground that the petitioners were required to invoke Section 70 of the Karnataka Cooperative Societies Act (for short, 'the KCS Act'), to raise a dispute in that regard and therefore, the petition is not maintainable. - 4 - HC-KAR NC: 2025:KHC:40589 WP No. 7785 of 2022 3. Learned counsel for the petitioners, however, contends that since the date for election was already fixed, now the petitioners have approached this Court for the purpose of getting an interim order of stay. 4. This Court has passed the order and accordingly the election is already held, the votes were reserved without declaring the result. When admittedly the petitioners are having an efficacious remedy to invoke Section 70 of the KCS Act, and to raise the dispute before the Registrar, I do not find any reason to entertain the petition. Accordingly, it is dismissed. However, liberty is reserved with the petitioners to invoke Section 70 of the KCS Act and to raise the dispute before the appropriate authority, within ten days from today. Sd/- (M G UMA) JUDGE MKM CT:VS