- 1 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106877 OF 2025 (CS-RES) C/W WRIT PETITION NO. 106878 OF 2025 WRIT PETITION NO. 106879 OF 2025 WRIT PETITION NO. 106880 OF 2025 WRIT PETITION NO. 106892 OF 2025 IN WP.NO.106877/2025: BETWEEN: VIVIDODDESHA PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, KURLI, TQ. NIPPANI, DIST. BELAGAVI-591241, R/BY. ITS CHIEF EXECUTIVE. …PETITIONER (BY SMT. SANJANA S. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU, PIN-560001. 2. THE CO-OPERTIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, BENGALURU, R/BY. ITS SECRETARY, PIN-560001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS 3. THE DEPUTY COMMISSIONER BELAGAVI AND THE RETURNING OFFICER THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, AT BELAGAVI, DIST. BELAGAVI, PIN-590001. 4. THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, R/BY. ITS MANAGING DIRECTOR, PIN-590001. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARMAGOUDAR, ADVOCATE FOR R2; P. ANANDSHETTY AND K. ANANDKUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 TO ISSUE DELEGATE FORM TO THE PETITIONER BY CONSIDERING THE REPRESENTATION 09/09/2025 VIDE ANNEXURE- E AND F BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 2. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. IN WP.NO.106878/2025: BETWEEN: SHRI GANARAJ VIVIDODDESHA PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, SHENDUR, TQ. NIPPANI, DIST. BELAGAVI- 591237, REPRESENTED BY ITS CHIEF EXECUTIVE. …PETITIONER (BY SMT. SANJANA S. MUDHOL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU, PIN-560001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, BENGALURU, REPRESENTED BY ITS SECRETARY, PIN-560001. 3. THE DEPUTY COMMISSIONER BELAGAVI AND THE RETURNING OFFICER, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, AT BELAGAVI, DIST. BELAGAVI, PIN-590001. 4. THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, R/BY. ITS MANAGING DIRECTOR, PIN-590001. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARMAGOUDAR, ADVOCATE FOR R2; P. ANANDSHETTY AND K. ANANDKUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 TO ISSUE DELEGATE FROM TO THE PETITIONER BY CONSIDERING THE REPRESENTATION 08/09/2025 VIDE ANNEXURE- E AND F BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. II. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. - 4 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS IN WP.NO.106879/2025: BETWEEN: MANKAPUR VIVIDODDESH PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, MANKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216, REPRESENTED BY ITS CHIEF EXECUTIVE. …PETITIONER (BY SMT. SANJANA S. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU, PIN-560001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, BENGALURU, REPRESENTED BY ITS SECRETARY, PIN-560001. 3. THE DEPUTY COMMISSIONER BELAGAVI AND THE RETURNING OFFICER, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, AT BELAGAVI, DIST. BELAGAVI, PIN-590001. 4. THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, R/BY. ITS MANAGING DIRECTOR, PIN-590001. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARMAGOUDAR, ADVOCATE FOR R2; P. ANANDSHETTY AND K. ANANDKUMAR, ADVOCATE FOR R4) - 5 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 TO ISSUE DELEGATE FORM TO THE PETITIONER BY CONSIDERING THE REPRESENTATION 09/09/2025 VIDE ANNEXURE- D AND E BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP.NO.106880/2025: BETWEEN: SHETKARI VIVIDODHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT., HADNAL, AT. HADNAL, TALUK. NIPANI, DIST. BELAGAVI, REPRESENTED BY ITS CHIEF EXECUTIVE 7875615248, PIN-590001. …PETITIONER (BY SMT. SANJANA S. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU, PIN-560001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, BENGALURU, REPRESENTED BY ITS SECRETARY, PIN-560001. 3. THE DEPUTY COMMISSIONER BELAGAVI AND THE RETURNING OFFICER, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, AT BELAGAVI, DIST. BELAGAVI, PIN-590001. - 6 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS 4. THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, R/BY. ITS MANAGING DIRECTOR, PIN-590001. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARMAGOUDAR, ADVOCATE FOR R2; P. ANANDSHETTY AND K. ANANDKUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 TO ISSUE DELEGATE FROM TO THE PETITIONER BY CONSIDERING THE REPRESENTATION 12/09/2025 VIDE ANNEXURE-F AND G BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP.NO.106892/2025: BETWEEN: VIVIDODDESHA PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, SHIRAGUPPI, TQ. NIPPANI, DIST. BELAGAVI- 591 237, REPRESENTED BY ITS CHIEF EXECUTIVE. …PETITIONER (BY SMT. SANJANA S. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU, PIN-560001. 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR, BENGALURU, REPRESENTED BY ITS SECRETARY, PIN-560001. - 7 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS 3. THE DEPUTY COMMISSIONER BELAGAVI AND THE RETURNING OFFICER, THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, AT BELAGAVI, DIST. BELAGAVI, PIN-590001. 4. THE BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMIT, BELAGAVI, R/BY. ITS MANAGING DIRECTOR, PIN-590001. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARMAGOUDAR, ADVOCATE FOR R2; P. ANANDSHETTY AND K. ANANDKUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED PRAYING TO,I. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 TO ISSUE DELEGATE FORM TO THE PETITIONER BY CONSIDERING THE REPRESENTATION 08/09/2025 VIDE ANNEXURE- E AND F BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING HEARING, THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners in the above petitions are before this Court seeking for the following reliefs: - 8 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS WP.NO.106877/2025: i. To issue writ in the nature of Mandamus directing the respondents no.3 and 4 to issue delegate form to the Petitioner by considering the representation 09/09/2025 vide Annexure- E and F by allowing this writ petition in the interest of justice and equity. ii. To issue any other order, directions as deems fit in the circumstances of the case. WP.NO.106878/2025: i. To issue writ in the nature of Mandamus directing the respondents no.3 and 4 to issue delegate form to the Petitioner by considering the representation 08/09/2025 vide Annexure- E and F by allowing this writ petition in the interest of justice and equity. ii. To issue any other order, directions as deems fit in the circumstances of the case. WP.NO.106879/2025: i. To issue writ in the nature of Mandamus directing the respondents no.3 and 4 to issue delegate form to the Petitioner by considering the representation 09/09/2025 vide Annexure- D and E by allowing this writ petition in the interest of justice and equity. ii. To issue any other order, directions as deems fit in the circumstances of the case. - 9 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS WP.NO.106880/2025: i. To issue writ in the nature of Mandamus directing the respondents no.3 and 4 to issue delegate form to the Petitioner by considering the representation 12/09/2025 vide Annexure- F and G by allowing this writ petition in the interest of justice and equity. ii. To issue any other order, directions as deems fit in the circumstances of the case. WP.NO.106892/2025: i. To issue writ in the nature of Mandamus directing the respondents no.3 and 4 to issue delegate form to the Petitioner by considering the representation 08/09/2025 vide Annexure- E and F by allowing this writ petition in the interest of justice and equity. ii. To issue any other order, directions as deems fit in the circumstances of the case. 2. In all the above matters, the petitioners are before this Court seeking for issuance of a duplicate delegate form on account of the earlier delegate form furnished by the Returning Officer having been misplaced. 3. There is no dispute over the petitioner being a member of respondent No.4 and as such, the petitioner would be entitled to participate in the - 10 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS election of respondent No.4, if the petitioner complies with the applicable provisions of law. 4. In that view of the matter, the petitioners cannot be deprived of the delegation form. As such, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued, directing respondent No.3 to issue a fresh duplicate delegation form to the respective petitioners within 24 hours from now, the order having been passed at 05:10 p.m. iii. It is made clear that, if anybody else claims under the earlier delegation form, both the delegation forms would stand rescinded and there would be no person who could vote on behalf of the petitioners, if two delegation forms - 11 - HC-KAR NC: 2025:KHC-D:12875 WP No. 106877 of 2025 C/W WP No. 106878 of 2025 WP No. 106879 of 2025 AND 2 OTHERS are presented at the time of voting for the elections of respondent No.4. iv. The respondents shall act on the operative portion of the order. v. Hand delivery of this order is permitted. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 281