- 1 - HC-KAR NC: 2025:KHC-D:13603 WP No. 107235 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107235 OF 2025 (CS-EL/M) BETWEEN: 1. THE VYAVASAYA SEVA SAHAKARI SANGHA SAHAKARI NIYAMIT, BHAVIKERI NOW CALLED AS VIVIDHODDESH PRATHAMIK GRAMINA KRISHI SAHAKAR SANGH, NIYAMIT, BHAVIKERI, TAL. ANKOLA, DIST. UTTARA KANNADA, REP. BY ITS CHIEF EXECUTIVE OFFICER, SRI. PRANAV B.NAYAK, AGE. 25 YEARS, OCC. CEO, R/O. BHAVIKERI, TAL. ANKOLA-581353, DIST. UTTARA KANNADA, KARWAR. 2. SRI. HARISH BOMMAYYA NAYAK AGE. 42 YEARS, OCC. AGRICULTURE, DIRECTOR OF VIVIDHODDESH PRATHAMIK GRAMINA KRISHI SAHAKAR SANGH, NIYAMIT, BHAVIKERI, TAL. ANKOLA-581353, DIST. UTTARA KANNADA, KARWAR. …PETITIONERS (BY SRI. SRINAND A.PACHAPURE, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, 6TH FLOOR, BENGALURU-560001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13603 WP No. 107235 of 2025 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTINAGAR, T.T.M.C., ”A” BLOCK, SHANTINAGAR, BENGALURU-560027, REPRESENTED BY ITS SECRETARY. 3. THE REGISTRAR OF CO-OPEATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560052. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI REGION, BELAGAVI, ADMINISTRATIVE BHAVAN, 2ND FLOOR, JAKKERI HONDA, BELAGAVI-590001. 5. THE DISTRICT CO-OPERATIVE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, KARWAR-581301. 6. THE RETURNING OFFICER, ANKOLA TALUKA KRISHI HUTTUVALI MARAT SAHAKARI SANGHA NIYAMIT, ANKOLA, TAL. ANKOLA-581314, DIST. UTTARA KANNADA, KARWAR. 7. ANKOLA TALUKA KRISHI HUTTUVALI MARAT SAHAKARI SANGHA NIYAMIT, ANKOLA, TAL. ANKOLA-581314, DIST. UTTARA KANNADA, KARWAR, REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. RAMESH B.CHIGARI, AGA FOR R1, R3, R5 AND R6; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2; SRI. N.V. YAJI, ADVOCATE FOR C/R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL ELIGIBLE AND - 3 - HC-KAR NC: 2025:KHC-D:13603 WP No. 107235 of 2025 INELIGIBLE ELECTORAL ROLL DATED NIL PREPARED BY THE 6TH AND 7TH RESPONDENT MARKED AT ANNEXURE-E AND F RESPECTIVELY. B) ISSUE A WRIT OF MANDAMUS TO RESPONDENT NO.6 TO CONDUCT THE ELECTIONS BY PERMITTING THE PETITIONER SOCIETY TO PARTICIPATE IN THE ELECTION PROCESS TO BE HELD ON 27/09/2025 TO THE 7TH RESPONDENT SOCIETY. C) PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 6. 2. Shri S.V.Yaji., learned counsel is directed to accept notice for respondent No.7. 3. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ of certiorari quashing the Final Eligible and Ineligible electoral roll dated NIL prepared by the 6th and 7th Respondent marked at Annexure-E and F respectively. b) Issue a writ of mandamus to Respondent No.6 to conduct the elections by permitting the petitioner - 4 - HC-KAR NC: 2025:KHC-D:13603 WP No. 107235 of 2025 society to participate in the election process to be held on 27/09/2025 to the 7th Respondent society. c) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 4. The short grievance of the petitioners is that petitioners’ name being found in the ineligible list of voters, notice has been issued to the petitioners on 03.04.2025, which is not 15 days prior to six months of the date of election since the election now is scheduled on 27.09.2025. 5. On enquiry with the learned counsel for the petitioners, whether the petitioners have replied to the notice dated 03.04.2025, he submitted that the petitioners have not so replied. When the petitioners had received the notice, it was for the petitioners to have replied to the same, the respondents could have considered the said reply and passed necessary orders. - 5 - HC-KAR NC: 2025:KHC-D:13603 WP No. 107235 of 2025 6. The petitioners having chosen not to do so for more than 5 ½ months have suddenly awakened two days before the election. Without even replying to the said notice, I do not find any equity in favour of the petitioners to interfere at this stage. The calendar of events having already been issued, I restrain my hands from interfering in the matter. 7. Hence, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT: UMD List No.: 1 Sl No.: 38