- 1 - NC: 2025:KHC:7501 WP No. 3450 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3450 OF 2025 (CS-EL/M) BETWEEN: 1. IQBAL AHAMED S/O ABDUL RAZAK, AGED ABOUT 45 YEARS, R/AT HEMAVATHI BADAVANE, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 2. ZAHEER AHAMAD, S/O AMEER JAN, AGED ABOUT 51 YEARS, R/AT TALUK OFFICE ROAD, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 3. AJMAL PASHA, S/O AFZAL PASHA, AGED ABOUT 39 YEAR, R/AT NO.131, KUMBAA STREET, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 4. A.M.USMAN, S/O AMEER JAN, AGED ABOUT 63 YEARS, R/AT NO.189, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 5. ABDUL KHALEEL, S/O ABDUL SUBHAN, AGED ABOUT 51 YEARS, R/AT MUSLIM BLOCK, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7501 WP No. 3450 of 2025 6. ZIHAN, S/O A M USMAN, AGED ABOUT 44 YEARS, R/AT NO.1503, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 7. NAYAZ PASHA, S/O ABDUL HAMEED KHAN, AGED ABOUT 47 YEARS, R/AT NO.117, NEAR GANAPATHI PARK, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 8. RIYAZ PASHA, S/O ABDUL HAMMED KHAN V C, AGED ABOUT 44 YEARS, R/AT NO.63, 1ST FLOOR, 4TH CROSS, SIDDIQUI NAGAR, BANNIMANTAPA, MYSORE, MYSURU DISTRICT-570 015. 9. MOHAMED ASADPASHA, S/O ABDUL GAFFAR, AGED ABOUT 43 YEARS, R/AT NO.2463, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 10. SHOWKATH PASHA, S/O MAHAMED MASTHAN SAB, AGED ABOUT 66 YEARS, R/AT SINDAGATTA, K.R.PET TALUK, MANDYA DISTRICT - 571 426. 11. MOHAMMED ILIYAZ S/O LATE ABDUL RASHEED, AGED ABOUT 46 YEARS, R/AT CHAKANAYAKANAHALLI, K.R.PET TALUK, SHEELANERE HOBLI, MANDYA DISTRICT - 571 426. 12. MATEEN SHAREEF, S/O ILYAS BABU, AGED ABOUT 39 YEARS, R/AT NO.3184, NAGAMANGALA ROAD, - 3 - NC: 2025:KHC:7501 WP No. 3450 of 2025 K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 13. HAFEEZ AHAMED, S/O MOHAMMED ANWAR, AGED ABOUT 39 YEARS, R/AT KUMBARABEEDI, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 14. K.S.JAYARAMU, S/O SUBBEGOWDA, AGED ABOUT 45 YEARS, R/AT KAIGONAHALLI VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 15. AMBAREESH J.G, S/O GIRIGOWDA, AGED ABOUT 38 YEARS, R/AT JAGINAKERE, SANTEBACHAHALLI HOBLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 436. 16. KUMAR, S/O DODDEGOWDA, AGED ABOUT 50 YEARS, R/AT SHARIHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 17. M.K.KHALEEL AHAMMAD, S/O MOHAMMED AKBAR SAB, AGED ABOUT 55 YEARS, R/AT NO.886, SUBHAS NAGARA, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 18. RIHAN KHAN, S/O MOHAMMED ISMAIL, AGED ABOUT 43 YEARS, R/AT TALUK OFFICE BACK SIDE, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 - 4 - NC: 2025:KHC:7501 WP No. 3450 of 2025 19. UMESH, S/O MARIBASAPPA, AGED ABOUT 49 YEARS, R/AT 69, PURA.K, HIREKALALE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 20. ZIYAULLA, S/O ABDUL GAFAR, AGED ABOUT 43 YEARS, R/AT NO.469, 1ST CROSS, BASAVANAGUDI TOAD, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 21. GOUSE PASHA, S/O MOHAMED, AGED ABOUT 44 YEARS, R/AT CHAKANAYAKANAHALLY, SINDAGHATTA, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 22. ABDUL GAFAR, S/O MOHAMMED AKBAR SAB, AGED ABOUT 52 YEARS, R/AT 886, SUBHAS NAGARA,, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 23. BABULAL, S/O DAWAR RAMJI, AGED ABOUT 41 YEARS, R/AT BASAVESWARA NAGAR, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 24. SAFEER ULLA SHAREEF, S/O NOOR ULLA SHAREEF, AGED ABOUT 50 YEARS, R/AT 3RD CROSS, BEHIND TOWN CLUB, HEMAVATHI BADAVANE, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 25. PARAMESHA, S/O MYLARAIAH, - 5 - NC: 2025:KHC:7501 WP No. 3450 of 2025 AGED ABOUT 39 YEARS, R/AT BASAVESHWARA NAGARA, KIKKERE ROAD, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 26. DEVARAJEGOWDA, S/O DEVEGOWDA, AGED ABOUT 54 YEARS, R/AT CHIKKONAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 27. SAGEER AHAMAD, S/O USMAN A.M, AGED ABOUT 33 YEARS, R/AT NO.189, TALUK OFFICE ROAD, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 28. SAFI ULLA, S/O HABEEB ULLA, AGED ABOUT 38 YEARS, R/AT TALUK OFFICE ROAD, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 29. HIDAYATH UR REHAMAN, S/O MOHAMED ANWAR, AGED ABOUT 32 YEARS, R/AT 2462, KRUSHI ILAKE ROAD, KUMBAR BEEDI, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 30. VAZIR KHAN, S/O IBRAHIM KHAN, AGED ABOUT 77 YEARS, R/AT NAGAMANGALA ROAD, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 31. ABDUL KHALIL.M, S/O MOHAMMED UMAR, AGED ABOUT 48 YEARS, R/AT HEMAVATHI EXTENSION, - 6 - NC: 2025:KHC:7501 WP No. 3450 of 2025 K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 32. ARIEF PASHA, S/O SYED ABDUL GAFOOR, AGED ABOUT 77 YEARS, R/AT NO.2140, OLD KIKKERI ROAD, BEHIND PLD BANK, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 33. KHAMMARUNNISA, W/O SYED IBRAHIM, AGED ABOUT 72 YEARS, R/AT ALAMBADI KAVAL, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 34. SYED MUJIB, S/O SYED AHMED, AGED ABOUT 52 YEARS, R/AT BASAVANAGUDI BEEDI, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 35. IRFAN KHAN, S/O MASOOD KHAN, AGED ABOUT 36 YEARS, R/AT NO.400, BASVESHWARA, K.R.PETE TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 36. MUQTHAR KHAN, S/O SALAR KHAN, AGED ABOUT 65 YEARS, R/AT ALAMBADIKAVAL, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 37. S.C.NAGESH, S/O CHIKKEGOWDA, AGED ABOUT 59 YEARS, R/AT SINDUGHATTA, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 - 7 - NC: 2025:KHC:7501 WP No. 3450 of 2025 38. HAJIRA BANU, W/O ABDUL FAREED, AGED ABOUT 44 YEARS, R/AT ALAMBADIKAVAL, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 39. ABDUL FAREED, S/O ABDUL GAFUR, AGED ABOUT 55 YEARS, R/AT ALAMBADIKAVAL, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 40. DHARMENDRA SHIRAVI, S/O SHITIRAL SHIRAVI, AGED ABOUT 42 YEARS, R/AT K.R.PET TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 41. SABIHA BANU, W/O MOHAMMED KHAN, AGED ABOUT 44 YEARS, R/AT K.R.PET TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 42. NAGESH.R, S/O RAMAKRISHNEGOWDA, AGED ABOUT 36 YEARS, R/AT ANNECHAKANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 43. MANJUNATH.T, S/O THIMMANNA Y.R, AGED ABOUT 50 YEARS, R/AT K.R.PET TOWN, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 44. NANJAPPA, S/O NINGEGOWDA, AGED ABOUT 80 YEARS, R/AT ANNECHAKANAHALLI, - 8 - NC: 2025:KHC:7501 WP No. 3450 of 2025 K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 45. PRASANNA, S/O GAVIGOWDA, AGED ABOUT 52 YEARS, R/AT ANNECHAKANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 46. RAJAMMA, W/O NINGARAJU, AGED ABOUT 54 YEARS, R/AT ANNECHAKANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 47. APPAJI, S/O CHIKKA LINGAPPA, AGED ABOUT 44 YEARS, R/AT ANNECHAKANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 48. MANJAMMA, W/O SURESH, AGED ABOUT 44 YEARS, R/AT ANNECHAKANAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 49. RAMEGOWDA, S/O KARIGOWDA, AGED ABOUT 78 YEARS, R/AT CHIKONAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 50. GIRI GOWDA, S/O VENKATEGOWDA, AGED ABOUT 56 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. - 9 - NC: 2025:KHC:7501 WP No. 3450 of 2025 51. KARTHIK GOWDA K.G., S/O GIRIGOWDA, AGED ABOUT 32 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 52. SUMITHRA, W/O GIRIGOWDA, AGED ABOUT 54 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 53. RANI.M.N, W/O KUMARE GOWDA, AGED ABOUT 52 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 54. KUMARE GOWDA, S/O PUTTEGOWDA, AGED ABOUT 59 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 55. BHAGYAMMA, W/O NANJEGOWDA, AGED ABOUT 59 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 56. LAKSHMI.K.G, S/O JAGADEESHA, AGED ABOUT 35 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 57. HIRANNEGOWDA I C, S/O CHIKKANNA D, AGED ABOUT 47 YEARS, R/AT TEGANAHALLI, - 10 - NC: 2025:KHC:7501 WP No. 3450 of 2025 K.R.PETE TALUK, MANDYA DISTRICT - 571 426 58. S M MANJESH, S/O MARIGOWDA, AGED ABOUT 36 YEARS, R/AT SINDHUGHATTA, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 59. JAYAPALA, S/O CHANNEGOWDA, AGED ABOUT 52 YEARS, R/AT JAINHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 60. H.S.ESHWARACHARI, S/O SRIKANTACHARI, AGED ABOUT 53 YEARS, R/AT HIRIKALALE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 61. H.S.KOMALACHARI, D/O SRIKANTACHARI, AGED ABOUT 57 YEARS, R/AT HIRIKALALE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 62. SATISH J.G, S/O JEVESHGOWDA.G.N, AGED ABOUT 53 YEARS, R/AT JAINAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426 63. JALENDRA GOWDA.J.L, S/O LAKKEGOWDA, AGED ABOUT 58 YEARS, R/AT JAINAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. - 11 - NC: 2025:KHC:7501 WP No. 3450 of 2025 64. RAMESH, S/O GOWDEGOWDA, AGED ABOUT 57 YEARS, R/AT YELADAHALLI.S, K.R.PETE TALUK, MANDYA DISTRICT - 571 436. 65. MENAKSHAMMA, W/O RAJEGOWDA, AGED ABOUT 48 YEARS, R/AT KOMMENAHALLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. 66. YASHODAMMA.H.S, W/O MANJEGOWDA, AGED ABOUT 54 YEARS, R/AT YELADAHALLI.S, K.R.PETE TALUK, MANDYA DISTRICT - 571 436. 67. BORALINGEGOWDA S.H, S/O HANUMEGOWDA, AGED ABOUT 76 YEARS, R/AT HODAKESHETTAHALLI VILLAGE, BOOKANAKERE HOBLI, VITTALAPURA, K.R.PETE TALUK, MANDYA DISTRICT-571426. …PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY CO-OPERATION DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. “A” BLOCK, K.H. ROAD, BENGALURU - 560 027. - 12 - NC: 2025:KHC:7501 WP No. 3450 of 2025 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI-ASKAR ROAD, BENGALURU - 560 052. REPRESENTED BY REGISTRAR. 4. THE DISTRICT CO-OPERATIVE RETURNING OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA-571401. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA MANDYA - 571434 6. RETURNING OFFICER, PRATHAMIKA SAHAKARA KRISHI MATHU GRAMEENA ABHIVRUDHI BANK NIYAMITHA, KRISHNARAJAPETE, MANDYA- 571 423. 7. PRATHAMIKA SAHAKARA KRISHI MATHU GRAMEENA ABHIVRUDHI BANK NIYAMITHA, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER KRISHNARAJAPETE, MANDYA 571426 REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SHIVARAN R. BHAT; ADVOCATE FOR R7) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246(3) OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 13 - NC: 2025:KHC:7501 WP No. 3450 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- i) Issue a writ of appropriate nature to declare the 97th amendment to the constitution by inserting Part IXB to the Constitution of India, is in violation of Article 368(2) of the Constitution of India and also against the basic structure of the Constitution of India and Article 246(3) of the Constitution of India. ii) Declare that section 20(2) (a-iv) (a-v) is consequential and illegal and even otherwise, is ultravires the constitutional mandate under Article 243(ZO) (2) and Article 19(1) (c) read with Article 19 (4) of the Constitution of India and is therefore void under Article 13 of the Constitution of India. iii) Permit the Petitioners/Members of 7th respondent Co- operative society to vote in the elections to the 7th Respondent Co-Operative Society which is schedule on 08.02.2025 as per Annexure-A dated 23.01.2025. AND iv) Issue any incidental or consequential relief/s as deemed fit in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity. - 14 - NC: 2025:KHC:7501 WP No. 3450 of 2025 2. Learned counsel for the petitioners does not press prayer Nos.i and ii and hence, consideration of prayer Nos.i and ii would not arise. 3. This Court by way of an interim arrangement on 06.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 08.02.2025 subject to final outcome of this petition. 4. Heard Sri Roopesha .B, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1, 3 to 6, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Shivaran R. Bhat, learned counsel for respondent No.7. 5. Counsel for the petitioners submits that the election has been held as scheduled on 08.02.2025 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that the petitioners are - 15 - NC: 2025:KHC:7501 WP No. 3450 of 2025 included in the ineligible voters list on the ground of not attending three annual general body meeting. It is submitted that the notice of the annual general body meeting, which was conducted in 2016-2017, 2017-2018, 2018-2019 did not incorporate or intimate the member of the disqualification which would be suffered on account of non-participation. It is submitted that the society has conducted only four meetings and the requirement of five meetings was not complied with. 7. Learned counsel appearing for the respondent- society submits that the petitioners having been permitted to cast their votes in the elections that was scheduled on 08.02.2025, the cast votes of the petitioners to be included and results be announced reserving liberty to the aggrieved party to approach the appropriate authority under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). - 16 - NC: 2025:KHC:7501 WP No. 3450 of 2025 8. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Act, whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 08.02.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, 1 2022 (4) AKR 775 - 17 - NC: 2025:KHC:7501 WP No. 3450 of 2025 if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. - 18 - NC: 2025:KHC:7501 WP No. 3450 of 2025 vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 33