- 1 - HC-KAR NC: 2025:KHC-D:13479-DB WA No. 100624 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100624 OF 2025 (CS-EL/M) BETWEEN: 1. SATISHGOUDA S/O. SHANKARGOUDA PATIL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. F. BADNI, TQ. LAKSHMESHWAR, DIST. GADAG. 2. NARENDRA S/O. TIPPANNA JALAWADGI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. BALEHOSUR, TQ. LAKSHMESHWAR, DIST. GADAG. …APPELLANTS (BY SRI. MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATIVE, REPRESENTED BY IT’S PRINCIPAL SECRETARY, M. S. BUILDING, BANGALORE-560001. 2. THE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, “A” BLOCK, K. H. ROAD, SHANTINAGAR, TTMA, BENGALURU-560027. 3. THE RETURNING OFFICER, LAXMESHWAR TALUK AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LIMITED, (T.A.P.C.M.S), LAXMESHWAR, DIST. GADAG-582116. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13479-DB WA No. 100624 of 2025 4. THE CHIEF EXECUTIVE OFFICER, LAXMESHWAR TALUK AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LIMITED, (T.A.P.C.M.S), LAXMESHWAR, DIST. GADAG-582116. 5. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, ADARAKATTI, TQ. LAXMESHWAR, DIST. GADAG, REPRESENTED BY ITS DIRECTOR/DELEGATE VEERABHADRAPPA S/O. MAHADEVAPPA SHIGLI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. ADARAKATTI, TQ. LAXMESHWAR, DIST. GADAG-582116. 6. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, SURANAGI, TQ. LAXMESHWAR, DIST. GADAG, REPRESENTED BY ITS DIRECTOR/DELEGATE IRAPPA S/O GUTTEPPA MEGALAMANI, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. SURANAGI, TQ. LAXMESHWAR, DIST. GADAG-582116. 7. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, AKKIGUND, TQ. LAXMESHWAR, REPRESENTED BY ITS DIRECTOR/DELAGATE DIST. GADAG, BASAVARAJ S/O. RAMAPPA WALIKAR, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. AKKIGUND, TQ. LAXMESHWAR, DIST. GADAG-582116. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1; SRI. G. V. BHARAMAGOUDA, ADV. FOR R2 AND R3; SRI. S. S. BETURMATH, ADV. FOR R5 AND R6; NOTICE TO R4 IS DIEPSENSED WITH) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE INTERIM ORDER GRANTED BY THE HON’BLE LEARNED SINGLE JUDGE DATED 18/09/2025 AND ORDER 23/09/2025 IN WRIT PETITION NO.106990/2025 BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13479-DB WA No. 100624 of 2025 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal is filed against the interim order dated 18.09.2025 whereby the Chief Executive Officer of the society was directed to include the names of the petitioners before the learned Single Judge in the list of eligible voters and to permit the said petitioners-society to cast their votes and contest election proposed to be held on 28.09.2025. 2. Learned counsel for the appellants who are the private respondents and contestants state that the writ petition would be rendered infructuous unless the votes cast by the petitioners are directed to be kept in separate ballet boxes, as the contentions raised including as regards valid membership of the petitioners-society. 3. After hearing both sides, while we clarify that the interim order passed in exercise of judicial discretion cannot be faulted while the arguments of learned counsel for the appellants - 4 - HC-KAR NC: 2025:KHC-D:13479-DB WA No. 100624 of 2025 is well taken and the votes of the petitioners- societies are to be kept in a separate ballet box, so that they are identifiable. With such observations and modifications of the order of the learned Single Judge, while reiterating that the other operative portion of the order remains untouched, the appeal is disposed off. 4. All other contentions are kept open. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 3