- 1 - HC-KAR NC: 2025:KHC-D:15028 WP No. 107919 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107919 OF 2025 (CS-EL/M) BETWEEN: DO. MARUTI JATTENNAVAR, S/O. ITTAPPA JATTENNAVAR, AGE: 50 YEARS, OCC: AGRI., AT/POST: CHUNCHANUR-591114. TQ: RAMADURG. DIST: BELAGAVI. …PETITIONER (BY SRI. VIDYAVATI M. KOTTUR SHETTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, 6 TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS COMMISSIONER, 3 RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, BENGALURU- 560 027. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY/ DISTRICT ELECTION OFFICER, BELAGAVI-590001, DIST-BELAGAVI. 4. ASSISTANT REGISTRAR CO-OPERATIVE, SOCIETY/ KENDRA STANIK SAHAYAKARU, OFFICE OF THE JRCS BELAGAVI. BELAGAVI DIVISION, DIST: BELGAVI-590001. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15028 WP No. 107919 of 2025 5. ASSISTANT REGISTRAR CO-OPERATIVE, SOCIETY, MINI VIDAN SOUDHA, POST & TQ: BAILHONGAL. DIST: BELAGAVI-591102. 6. RETURNING OFFICER, VIVIDHODHESHA PRATAMIKA GRAMINA KRUSHI SAHAKAR SANGA NIYAMIT. CHUNCHANUR-591114, TQ: RAMADURGA, AND CO-OPERATIVE DEVELOPMENT OFFICER, RAMADURGA, DIST: BELAGAVI. 7. VIVIDHODHESHA PRATAMIKA GRAMINA KRUSHI SAHAKAR SANGA NIYAMIT. CHUNCHANUR-591114, TQ: RAMADURGA, DIST: BELAGAVI. REPT BY CHIEF EXECUTIVE OFFICER. 8. FAKKIRAPPA VADEKANNAVAR S/O: LAKKAPPA VADEKANNAVAR, AGE: 70 YEARS, OCC: AGRI, AT/POST:CHUNCHANUR- 591114. TQ: RAMADURG. …RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA FOR R1 TO R6; SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE QUASHING THE RESULT SHEET VIDE ANNEXURE-D ISSUED BY RESPONDENT NO.6 DATED 25.10.2025 IN SO PER AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE - 3 - HC-KAR NC: 2025:KHC-D:15028 WP No. 107919 of 2025 RESPONDENTS 3,4 AND 6 ISSUE FORM NO.XXI IN THE NAME OF PETITIONER AND DIRECT THE RESPONDENT NO.6 TO ISSUE CERTIFICATE OF DECLARATION OF ELECTION IN FORM NO.XXXII TO THE PETITIONER AS PER ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY. C) CALL FOR THE ENTIRE RECORDS OF THE PROCESS OF ELECTION OF RESPONDENT NO.7 SOCIETY, WHICH IS IN CUSTODY OF RESPONDENT NO.6, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking quashment of an order dated 25.10.2025 and seeks declaration of counting of the petitioner to be erroneous. 2. This Court on 28.10.2025 has passed the following Order: “Learned AGA is directed to produce the entire record of the election/voting held on 25.10.2025, along with the DVR, and shall also produce the CCTV footage of the counting by placing the same in a pen drive. List this matter on 30.10.2025. - 4 - HC-KAR NC: 2025:KHC-D:15028 WP No. 107919 of 2025 The respondent shall not precipitate the matter till the next date of hearing.” 3. The Learned counsel Sri.Shivaraj P. Mudhol appearing for the respondent No.8 submits that the results have been declared on 25.10.2025 itself, long before passing of the interim order on 28.10.2025. In the light of the results being declared, the petition in the form that is presented would not be entertainable. 4. The learned counsel Smt. Vidyavathi M.Kotturshettar appearing for the petitioner would project a different circumstance. According to the learned counsel, the petitioner has secured 108 votes in four booths and it is deliberately corrected to 78 only to defeat the right of the petitioner. 5. The learned counsel for the respondent submits that all the votes that the petitioner has got, if added together, will not amount to one vote beyond 78. Therefore, 78 votes was to be returned, and it is out of inadvertence 108 was printed. Therefore, the correction has happened at a subsequent point in time. - 5 - HC-KAR NC: 2025:KHC-D:15028 WP No. 107919 of 2025 6. The learned counsel for the petitioner seeks to place reliance upon Rule 14-X of the Karnataka Co-operative Societies Rules, 1960 to buttress her submission that once the counting has happened, it cannot be changed. The Rule itself says the counting should take place in the presence of the contesting candidate, if that is not done it is violation of the Statute. The learned counsel submits that when the votes were declared to be 108, the petitioner was present, but when it was changed to 78, it was not within the knowledge of the petitioner. Therefore would submit this Court should entertain the petition and obliterate the voting process and direct recounting of the votes. 7. In the light of the results of the election being declared, I deem it appropriate to dispose the petition as is being done in every other case, leaving open all the contents to be urged before the competent authority in a dispute being raised under Section 17 of the Karnataka Co-operative Societies Act, 1959 before the Assistant Registrar of Co-operative Societies, before whom a dispute, if presented shall consider this issue at the outset as it requires evidence as to whether what are the - 6 - HC-KAR NC: 2025:KHC-D:15028 WP No. 107919 of 2025 votes held by and what are the votes held in favour of the petitioner, whether it is 108 or 78? 8. Leaving open all contentions to be heard before the concerned Authority, I deem it appropriate to dispose the petition, as is done in every case before this Court. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 66