- 1 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14457 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 14472 OF 2025 (CS-EL/M) IN W.P.NO.14457/2025 BETWEEN PEDURU VYASAYA SEVA SAHAKARA SANGHA NIYAMITHA CHINTAMANI TALUK, CHIKKABALLAPURA-563 146, REPRESENTED BY ITS PRESIDENT/DELEGATE, LAKSHMAN REDDY. N, S/O. CHIKKANARAYANAPPA, AGED ABOUT 58 YEARS, (REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959) ...PETITIONER (BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR SRI. DEVIPRASAD SHETTY., ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE SOCIETIES, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. R Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 3. DEPUTY COMMISSIONER/ELECTION OFFICER KOLAR DISTRICT, KOLAR-563 101. 4. RETURNING OFFICER KOLAR-CHIKKABALLAPURA DCC BANK LTD., DCC BANK ROAD, KOLAR-563 101. 5. KOLAR-CHIKKABALLAPURA DCC BANK LTD., DCC BANK ROAD, KOLAR-563 101. REPRESENTED BY ITS MANAGING DIRECTOR, (REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959) 6. SRI. N. NAGIREDDY S/O T. NAREPPA AGED ABOUT 60 YEARS DIRECTOR KALLAHALLI SFSCS, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125. RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. K.S. KALLESHAPPA., ADVOCATE FOR R5; SRI. DR. RAVISHANKAR., SR. ADVOCATE FOR SRI. SARAVANA .S., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R3 AND R4 TO ACCEPT THE DELEGATION FORM OF PETITIONER SOCIETY AND PERMIT THE PETITIONER SOCIETY TO CAST HIS VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 28.05.2025 TO THE R5 DCC BANK AND ETC. IN W.P.NO. 14472/2023 BETWEEN BATLAHALLI VYASAYA SEVA SAHAKARA SANGHA NIYAMITHA - 3 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 CHINTAMANI TALUK, CHIKKABALLAPURA-563 146, REPRESENTED BY ITS PRESIDENT/DELEGATE, VENKATASHIVAREDDY. M. P., S/O. M. M. PAPANNA, AGED ABOUT 62 YEARS, (REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959) ...PETITIONER (BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR SRI. DEVIPRASAD SHETTY., ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE SOCIETIES, 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. DEPUTY COMMISSIONER/ELECTION OFFICER KOLAR DISTRICT, KOLAR-563 101. 4. RETURNING OFFICER KOLAR-CHIKKABALLAPURA DCC BANK LTD., DCC BANK ROAD, KOLAR-563 101. 5. KOLAR-CHIKKABALLAPURA DCC BANK LTD., DCC BANK ROAD, KOLAR-563 101. REPRESENTED BY ITS MANAGING DIRECTOR, (REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959) - 4 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 6. SRI. N. NAGIREDDY S/O T. NAREPPA AGED ABOUT 60 YEARS DIRECTOR KALLAHALLI SFSCS, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563125. RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. K.S. KALLESHAPPA., ADVOCATE FOR R5; SRI. DR. RAVISHANKAR., SR. ADVOCATE FOR SRI. SARAVANA .S., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 AND 4 TO ACCEPT THE DELEGATION FORM OF PETITIONER SOCIETY AND PERMIT THE PETITIONER SOCIETY TO CAST HIS VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 28.05.2025 TO THE RESPONDENT NO.5 DCC BANK AND ETC. THESE WRIT PETITIONS COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 18.07.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CAV ORDER 1. The Petitioner in W.P.No.14457/2025 is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R3 and R4 to accept the delegation form of petitioner society and permit the petitioner society to cast his vote in the election scheduled to be held on 28.05.2025 to the respondent No.5 DCC Bank. - 5 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued. 2. The Petitioner in W.P.No.14472/2025 is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the R3 and R4 to accept the delegation form of petitioner society and permit the petitioner society to cast his vote in the election scheduled to be held on 28.05.2025 to the respondent No.5 DCC Bank. b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued. 3. Facts in WP No.14457 of 2025: 3.1. The last elections to the post of Directors of the Petitioner were held on 09.07.2020 and to the posts of President and Vice President on 20.07.2020. 3.2. On 31.08.2020 certain disputes were filed by some members to set aside the elections, which was considered. On 31.01.2025, Respondent No.1 had passed an order setting aside the election to the Petitioner-Society held on - 6 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 09.07.2020 as also the election of the Office Bearers held on 20.07.2020. This was challenged by the Directors of the Petitioner- Society before the Karnataka Appellate Tribunal in Appeal No.103/2025. 3.3. An interlocutory application for stay of the order dated 31.01.2025 having been filed and the Karnataka Appellate Tribunal vide its order dated 09.05.2025, stayed the said order. 3.4. In pursuance thereof, an emergent meeting of the Board of Directors was held on 12.05.2025, the Vice President was unanimously selected as a delegate to represent the Society to vote on behalf of the Petitioner-Society in the elections to the 5th Respondent-Federal Bank, which was scheduled on 28.05.2025. 3.5. The delegation having been conveyed and a representation was also submitted to the Deputy Commissioner to accept the delegation - 7 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 on behalf of the Petitioner-Society. Despite this, the same was not accepted, no action having been taken, and the Petitioner-Society or the name of the delegate was not included in the voters' list. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs. 4. Facts in WP No.14472 of 2025: 4.1. The facts in this matter are more or less similar to the facts in W.P.No.14457/2025, except that the dates are slightly different. 4.2. The election to the post of Directors in this matter was held on 09.07.2020, and the election to the posts of President and Vice President was held on 20.07.2020. 4.3. A dispute by some of the members was raised on 31.08.2020 as regards the elections. Respondent No.1 had, on 31.01.2025, passed an order setting aside the elections of the - 8 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Directors held on 09.07.2020 and that of the Office Bearer’s held on 20.07.2020, which came to be challenged in Appeal No.98/2025 filed before the Karnataka Appellate Tribunal, who had on 02.05.2025 dismissed the interlocutory application for stay filed by the Petitioner, which was challenged by the Petitioner in W.P.No.13992/2025 before a Co- ordinate Bench of this Court and this Court vide order dated 08.05.2025, had stayed the order dated 31.01.2025 passed by the Assistant Registrar of Co-operative Societies (hereinafter referred to as ‘ARCS’ for short). 4.4. In pursuance thereof, an emergent meeting was held by all the Board of Directors, a resolution was passed, and the President was unanimously selected as a delegate to represent the Society in the elections to the 5th - 9 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Respondent, which was scheduled on 28.05.2025. 4.5. A representation was also submitted to the Deputy Commissioner on 12.05.2025 to permit the delegate to vote at the said elections, when the same was not considered. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs. 5. In both matters, this Court had granted interim orders permitting the delegate of the Petitioner to vote at the elections. The said delegates of the Petitioner have voted at the elections. 6. When the petition was pending in W.P.No.14472/2025, Sri N.Nagireddy filed an application to implead himself as a party-respondent, claiming that since he was contesting for the post of Director from the Chintamani Constituency, if the - 10 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Petitioner's vote were to be counted, his interest would be adversely affected. In that view of the matter, I.A.No.1/2025 was allowed, and he was brought on record as Respondent No.6 in W.P.No.14472/2020. 7. A similar application was filed in W.P.No.14457/2025 by the very same Sri.N.Nagireddy, which also came to be allowed, and he was brought on record as Respondent No.6. 8. Sri.Jayakumar S. Patil, learned Senior Counsel for the Petitioner in both the matters, would submit that: 8.1. The Petitioner-Society in both matters was continuing to function without any interference till the order of the ARCS, which had been passed, allowing the elections dispute. 8.2. It is on account of the elections being set aside that there was no Board of Directors to the said - 11 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Society. It is in that background that a necessary meeting of the Directors could not be held, and the name of the delegate could not be forwarded insofar as the elections to be held on 28.05.2025. 8.3. The Karnataka Appellate Tribunal, having stayed the order of the ARCS in Appeal No.103/2025 and a Co-ordinate Bench of this Court having stayed the order of the ARCS in W.P.No.13992/2025, the Board of Directors was restored, and as such, a meeting was held and an unanimous resolution was passed to nominate the delegates. 8.4. The appointment of the Special Officer was in pursuance of the order of the ARCS in both the above matters. On account of the order of the ARCS being set aside, the appointment of the Special Officer would automatically be set aside and the Board is restored. - 12 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 8.5. With the restoration of the Board, the nomination of the delegate is proper and correct. The Society is not disqualified from voting, nor is it an ineligible Society for the purpose of voting in terms of Section 20(2) of the Karnataka Co-operative Societies Act, 1959, (hereinafter referred to as the 'KCS Act' for short). 8.6. The Petitioners in both matters has satisfied the requirements of law insofar as they are eligible to vote. The only reason why the delegation form could not be sent was on account of the order of the ARCS, which had been stayed. 8.7. There is no embargo on the part of the Society forwarding the delegation and nominating the delegates. These delegates ought to have been considered by the Respondent-Deputy Commissioner, but this was not done. - 13 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 8.8. This Court, vide interim orders, had permitted the delegate to vote. Now that the delegate has voted, he submits that the results of the elections could be declared. There is no particular aspect which needs to be decided, inasmuch as the eligibility of the Petitioner- Society to vote is accepted by one and all. 8.9. Until the final electoral list is finalised, there is a possibility to revise the electoral roll in terms of Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (hereinafter referred to as ‘the KCS Rules’ for short). The final eligible voters' list is required to be published 15 days prior to the date of the election. The election was scheduled on 28.05.2025. The final electoral list has been published on 12.05.2025. The delegation form of the Petitioner, having been submitted on 12.05.2025 itself, the pettitioner’s delegate’s name could have been - 14 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 included. The electoral list, including the name of the Petitioner, could have been published on 12.05.2025. It is on account of the same not being done that the Petitioner has approached this Court in both matters. 8.10. The Representation of the People Act, 1951 (hereinafter referred to as 'The RP Act' for short), more particularly, Sub-Section (3) of Section 23, makes necessary power available for change in the electoral roll until the date of election. 8.11. The Second proviso to Section 14 of the Karnataka Municipalities Act, 1964, (hereinafter referred to as 'the KM Act' for short) provides for a change in the electoral roll till the last date of nomination. There is no prejudice which would be caused to the impleaded respondent or anyone else, if the Petitioner's name had been included. If the nomination of a delegate - 15 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 is made prior to the last date of publication of the electoral roll, the same ought to have been included. 8.12. In that background, he submits that this Court may direct the announcement of results by counting the votes of the petitioners. 9. Sri.D.R.Ravishankar, learned Senior Counsel for respondent No.6, submits that: 9.1. Neither Section 23 of the RP Act nor the second Proviso to Section 14 of the KM Act would be applicable to the present proceedings. 9.2. In respect of parliamentary elections and/or elections to the municipalities, the preparation of the electoral roll is an ongoing process. Anybody could be added and deleted at any point in time, as long as the appropriate requirements of law are fulfilled. - 16 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 9.3. The procedure under the Karnataka Co-operative Societies Act and Rules is a separate independent procedure. The process and manner of preparing the electoral roll are specifically detailed in the KCS Act and Rules, and it is that procedure, which is required to be followed, more particularly that under Rule 13-D of the KCS Rules. 9.4. Insofar as the RP Act and the KM Act are concerned, the process is ongoing. There is only an exception created during the actual process of election when such changes cannot be carried out. Any such changes could have been made prior to the nomination date and after the election process is completed. 9.5. Insofar as the election process under the KCS Act and Rules, the eligibility of a voter is required to be determined in terms of procedure under Rule 13-D of the KCS Rules. - 17 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 If it is only if a Society, a person or a Society is found to be eligible, would the name of such person be printed in the list of eligible voters. If a person or a Society is ineligible, the name of such person or Society will be printed in the list of ineligible voters. 9.6. In terms of Rule 13-D of the KCS Rules, an Election Officer is required to, after due verification, send a consolidated list of all Cooperative Societies and Districts, where elections are due at least 120 days before the date of expiry of the term of the Office of the Board to the Co-operative Election Authority. The Election Authority, on receipt of the same, would have to publish the calendar of events for the preparation of electoral rolls and the conduct of elections to the Board of Co- operative Society. - 18 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 9.7. There are three baskets for preparation of the rolls. The first basket relating to preparing a draft list of eligible members or representatives and delegates with the right to vote would have to be published by following the procedure under Rule 13-D (2-A)(i) of the KCS Rule. 9.8. The second basket relating to the list of members, who have not paid the amounts due, that is, who are defaulters, would have to be published by following the procedure under Rule 13-D(iii) of the KCS Rule. 9.9. Third basket containing a list of members or representatives and delegates who are not eligible to vote for any other reason is required to be published by following the procedure in terms of Rules 13-D(vi) and 13-D(v) of the KCS Rule. 9.10. Once such a final list is published, there cannot be any changes made therein. Any changes can - 19 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 happen only between a draft list and the final list. The final list having been published on 12.05.2025. The Petitioner having furnished delegation Form on 12.05.2025. After such publication, the procedure could not be followed and as such, the delegate of the Petitioner has been rightly not permitted to vote at the elections. 9.11. On the above basis, he submits that though this Court had extended an indulgence to the Petitioner to vote at the elections, the said votes have been retained in a separate ballot box. 9.12. It being clear that the Petitioner-Society was ineligible to send a delegate for the elections to the federal Society. The elections being subject to the present proceedings, despite the Petitioner having voted, this Court could direct that the said votes be ignored and the results - 20 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 be announced on the basis of the votes cast by other eligible voters. 9.13. On the basis of the above submissions, he submits that the writ petition be dismissed and the votes cast be disregarded. 10. Sri.K.S.Kalleshappa, learned counsel appearing for respondent No.5-Federal Society, by relying on the documents filed by him along with the memo dated 18.07.2025 submits that: 10.1. The Federal Bank had written to the Petitioner- Society on 15.03.2025, calling upon them to furnish the list of delegates and it is due to non-furnishing of the said delegation form that the Petitioners were included in the ineligible voter list for the elections held on 28.05.2025. 10.2. Insofar as any other ineligibility, his submission is that there is no outstanding of the Petitioners to the 5th Respondent-Federal Bank and a letter - 21 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 to that effect has been provided by the 5th Respondent to the Election Officer on 27.05.2025 clearly stating that the Petitioner- Society is eligible to cast vote in the elections to the 5th Respondent-Federal Bank. 11. Sri.Yogesh D. Naik, learned AGA would support Respondent No.6 and submits that: 11.1. Since the delegation form has not been received in time, the question of the delegation form sent subsequently cannot be considered and the Petitioner being listed in the ineligible list cannot be permitted to vote and as such, he reiterated the submissions of Sri.D.R.Ravi Shankar, learned Senior Counsel by contending that the above petitions are required to be dismissed. 12. Heard Sri.Jayakumar S. Patil, learned Senior counsel for the Petitioner, Sri D.R.Ravi Shankar, learned - 22 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Senior Counsel for Respondent No.6, Sri.K.S.Kalleshappa, learned counsel for Respondent No.5, Sri.Yogesh D. Naik, learned AGA for Respondent Nos.1, 3 and 4. Perused papers. 13. The points that would arise for consideration are: 1) Whether by operation of law, or an order passed by any Authority or Court, if a Society cannot hold a meeting and/or send a delegate form to the elections of a Federal Society could such a delegate form be sent after the embargo on account of any law or operation of an order of any Authority or Court is set aside or rescinded? 2) Can the list of eligible voters be changed? If so, in what circumstances and until what time? 3) In the present circumstances, what orders are required to be passed? 14. I answer the above points as under: 15. The relevant provisions for the matter are: - 23 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 16. Rule 13-D of the KCS Rules, which is reproduced here under for easy reference. "13-D. Preparation of electoral rolls and calendar of events.- 1) The District Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Commission indicating therein the following particulars:- (a) the name and address of the Society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co- operative Election Commission. 2) The Co-operative Election Commission shall, on receipt of such reports from the District Election Officer of the district, containing the list of co- operative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-operative societies in the district indicating the name and address of each Society and the date and place of election; 3) The co-operative election commission shall take steps,- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayments will fall due before the date fixed for publication of final electoral roll at least forty five days before the date of general election calling for objections, if any, and calling upon the defaulter members to repay the amounts due to the co-operative societies at least fifteen days before the date of general election. - 24 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 (b) for publication of final eligible voters list on or before fifteen clear days prior to the date of election: Provided that the draft list of eligible members and delegates with right to vote, the list of defaulters and the list of other members and delegates who are not eligible to vote as also the final list of electoral rolls and the election calendar shall be announced on the notice board of the concerned cooperative Society and its branches, if any, the local office of the department of cooperation, website if any of the cooperative Society and such other prominent places having access to the members and delegates of the co-operative Society. 4) It shall be the duty of every Society to furnish correct information required by the District Election Officer to enable him to prepare the electoral rolls, as directed by the Co-operative Election Commission or the District Election Officer from time to time. 5) The chief executive of every cooperative Society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll (iii) a list of defaulters (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,- (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the Society, the name of the delegate proposed to represent the Society in the case of a member society; and submit the said lists to the District Election Officer along with the related books, records and documents and any other information as the District Election Officer may require, at least sixty days before the date of election. - 25 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 6) The Co-operative Election Commission shall call upon the chief executive of the cooperative Society to obtain from the member society, the name of an authorized member of the board of such Society as a delegate, together with the resolution of the board of the said Society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the Society and furnish all such information under sub-rule(5) 7) The final electoral roll shall consist of the following,- (a) all the individual members with right to vote in respect of a primary cooperative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary cooperative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. 8) The copy of such electoral roll in respect of each Society shall be kept open for inspection in the office of such Society as also in the office of the District Election Officer. 9) The election calendar of events for general election of directors of the board shall provide for,- (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results." - 26 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Amendment of Rule 13D (dated 06.06.2015):- In Rule 13D of the said Rules,- (a) in sub-rule(1), the words, "the district" shall be omitted.; (b) in sub-rule(2),- (i) for the words, "election officer of the district", the words, "Election Officer" shall be substituted. (ii) the words, "in the district" shall be omitted.; (c) in sub-rule(3),- (i) for the words, "Co-operative Election Commission", the words, "Election Officer" shall be substituted.; (ii) in clause (b), in the proviso, the words, "and such other prominent places having access to the members and delegates of the co-operative society" shall be omitted.; (d) for clause (d), the following shall be substituted, namely,- "(4) It shall be the duty of every very society too furnish correct information required by the election officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority." Amendment of Rule 13D (dated 29.07.2017):- In rule 13D of the said rules,- (a) in sub-rule (2), the words "and the date and place of election" shall be omitted; (b) for sub-rule (3), the following shall be substituted, namely:- "(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the cooperative societies on or before thirty clear days prior to the date of election. - 27 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election. (d) for publication of final eligible voters list before fifteen clear days prior to the date of election." Amendment of Rule 13D (dated 08.12.2020).- In the Karnataka Co-operative Societies Rules, 1960, in rule 13D, after sub-rule (2),the following shall be inserted, namely:- “(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.- (i) For publication of draft ineligible electoral list, the chief executive of every co-operative Society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive cooperative years. (ii) The chief executive of every cooperative Society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every cooperative Society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative Society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. (v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty - 28 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election." 17. Answer to Point No.1: Whether by operation of law, or an order passed by any Authority or Court, if a Society cannot hold a meeting and/or send a delegate form to the elections of a Federal Society could such a delegate form be sent after the embargo on account of any law or operation of an order of any Authority or Court is set aside or rescinded? 17.1. The facts in the present matter are not in dispute inasmuch as the election to the post of Directors of the Petitioner was held on 09.07.2020 and that to the post of President and Vice President was held on 20.07.2020. On 31.08.2020, disputes were raised as regards to the said elections. The term of office coming to an end on the midnight of 08.07.2025. On 31.01.2025, Respondent No.1 had passed an order setting aside the election to the Petitioner-Society held on 09.07.2020, as also - 29 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 the election to the office bearers held on 20.07.2020. 17.2. This was challenged before the Karnataka Appellate Tribunal in Appeal No.103/2025. The Tribunal, vide its order dated 09.05.2025, stayed the said order. 17.3. In pursuance thereof, on 12.05.2025, the Vice- President was unanimously selected as a delegate to represent the Petitioner-Society to vote on behalf of the Society in the election to the 5th Respondent-Federal Bank, which is scheduled on 28.05.2025. 17.4. Insofar as the facts in W.P.No.14472/2025 are concerned, the election to the post of Directors was held on 09.07.2020 and the election to the post of President and Vice-President was held on 20.07.2020. Dispute as regards the election was raised on 31.08.2020, Respondent No.1 had, on 31.01.2025, passed an order setting - 30 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 aside the election of the Directors held on 09.07.2020 and office bearers held on 20.07.2020, which came to be challenged in Appeal No.98/2025. The Appellate Tribunal, on 02.05.2025, had dismissed the application of stay, which came to be challenged in W.P.No.13992/2025, a Co-ordinate Bench of this Court, vide its order dated 08.05.2025, stayed the order passed by the ARCS. In pursuance thereof, a resolution was passed where the President was unanimously selected as a delegate. The resolution having been submitted on 12.05.2025, the elections were scheduled to be held on 28.05.2025. 17.5. A perusal of the facts in both the matters would indicate that the election to the Board of Directors took place on 08.07.2020, which election came to be set aside, but, however was stayed either by the Karnataka Appellate - 31 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Tribunal or by a Coordinate Bench of this Court. Thus, the term of office would continue from 09.07.2020 for a period of 5 years ending in the midnight of 08.07.2025. 17.6. Once a stay has been granted, the effect of the said order would be that the election would continue to be valid and the Board of Directors as also the President and the Vice-President could continue to discharge their duties until any other order was passed. However, the same is restricted by a term that is till 08.07.2025, the mere order of stay by the KAT or this Court needless to say cannot extend the term of the elected Directors. 17.7. There was no embargo until 31.01.2025 for the Society to nominate its delegate, but on account of the order dated 31.01.2025, the election having been set aside, the Society, could not forward the delegation. - 32 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 17.8. On account of the Karnataka Appellate Tribunal staying the order on 31.01.2025, the embargo got lifted insofar as W.P.No.14457/2025 is concerned and immediately thereafter on 12.05.2025, a delegation form was submitted for election to be held on 28.05.2025. Both these dates were within the term of the Society, the said term ending on 08.07.2025. 17.9. Insofar as W.P.No.14472/2025 is concerned, again the embargo came about on 31.01.2025 which got stayed by a Co-ordinate Bench of this Court vide its order dated 08.05.2025 and the delegation was submitted on 12.05.2025 for elections to be held on 28.05.2025. 17.10. Even insofar as the facts in W.P.No.14472/2025 are concerned, the submission of the delegation form and the election to the 5th respondent- Federal Society was within the term of the primary Society, i.e., 8-7-2025 on account of - 33 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 the orders of the ARCS had been stayed. Once the orders of the ARCS were stayed, it would revive the Board of Directors/Committee, who could continue to function unless any other order contrary thereto were to be passed. 17.11. Thus, as on the date of the resolution being passed in both matters, on account of stay by the Karnataka Appellate Tribunal and or by a Co-ordinate Bench of this Court, the Office of the Board of Directors had been revived, permitting them to take such an action as necessary as Board of Directors. The election to the 5th respondent-Federal Society being held on 28.05.2025 within the term. In that view, I am of the considered opinion that the delegation form submitted ought to have been considered. 17.12. Hence, I answer point No.1 by holding that when by operation of law or an order passed by - 34 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 any Authority or Court, if a Society cannot hold a meeting and/or send a delegate form to the elections of the Federal Society, a delegate form can subsequently be sent after the embargo on account of any law or operation of an order of any Authority or Court is set aside or rescinded, so long as the same is within the time limits prescribed under the calendar of events. In both the cases, the said delegation form having been submitted much before the election as also 15 days prior to the elections to be held. In that view, I am of the considered opinion that they are validly submitted and ought to have been taken into consideration for the purpose of preparation of the electoral roll. 18. Answer to point No.2: Can the list of eligible voters be changed? If so, in what circumstances and until what time? 18.1. The submission of Sri.Jayakumar S. Patil, learned Senior Counsel appearing for the - 35 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Petitioner is that the electoral roll could be changed at any point of time whereas the submission of Sri D.R.Ravi Shankar, learned Senior Counsel appearing for Respondent No.6 is that Sri Jayakumar S. Patil, learned Senior Counsel has referred to is in respect of the RP Act, which applies to the elections to the members of Parliament and the members of Legislative Assembly and does not apply to the elections to a Co-operative Society since the eligibility or ineligibility of a voter would have to be decided in terms of Rule 13-D of the KCS Rules. 18.2. There cannot be any dispute with the submission made by Sri.D.R.Ravishankar, learned Senior Counsel for Respondent No.6, inasmuch as for a person to be eligible to vote in an election of a Co-operative Society, several of the criteria under the KCS Act as also the - 36 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 KCS Rules, more particularly, as enshrined in Rule 13-D would have to be complied with. The Society is required to comply with the provision of Rule 13-D of the KCS Rules by making a list of all ineligible voters, who are so ineligible in terms of the Act. 18.3. Once the list of ineligible voters is prepared, notices have to be issued to the ineligible voters to make their submissions, their submission would have to be considered, and a decision taken as to whether the ineligibility would continue or not. Thus, what is prepared under Rule 13-D is not a list of eligible voters, but a list of ineligible voters and it is those ineligible voters, who are required to be given a notice as afore indicated. Persons/societies which do not recieve any such notice by necessary implication would be eligible voters. - 37 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 18.4. A list of eligible voters is prepared as per the electoral roll after the calendar of events is announced, permitting those eligible voters to vote at the said elections. The preparation of list of voters initially as indicated is with reference to ineligible voters and not with respect to eligible voters. 18.5. In the present case, the Petitioner-Society was included in the list of ineligible voters on account of the orders which had been passed by the ARCS and for no other reasons, there is no other default, which is stated to have been committed by the Petitioner-Society as informed to this Court on due enquiry. 18.6. Thus, the only reason why the petitioners name was found in the ineligible list was an account of the orders passed by the ARCS which have subsequently been stayed by either the Karnataka Appellate Tribunal or a Co-ordinate - 38 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Bench of this Court. Once such a stay has occurred, it would revive the validity of the Board of Directors and take away the ineligibility on part of the said Co-operative Society as pleaded in the present case. 18.7. Once such a stay order was passed, it was but required for the concerned Authorities to consider the said order of stay and remove the name of the Petitioner-Society from the list of ineligible voters and to include the same in the list of eligible voters as and when prepared. In my considered opinion this process can be done until the procedure under Rule 13D are complied with and completed. 18.8. In the present case, it being required that the list of eligible voters be prepared 15 days prior to the date of elections. The Petitioner in both the cases having submitted the delegation forms and the order of stay passed by the - 39 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 Karnataka Appellate Tribunal as also a Co- ordinate Bench of this Court 15 days prior to the date of election. It was but required for the respondents to have included the name of the Petitioner in the electoral roll permitting them to vote. 18.9. I answer Point No.2 by holding that it should be the endeavor of the officers of the Registrar of Co-operative Society to ensure maximum democratic participation and for that purposes the list of eligible voters could be prepared till the very last moment permitted that is 15 days prior to the elections to be held by considering all relevant matters which may be submitted by the voter concerned to shift the name of such voter from the ineligible list to the eligible list. 19. Answer to point No.3: In the present circumstances, what orders are required to be passed? - 40 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 19.1. In view of my answers to point Nos.1 and 2, it being clear that as on the date on which the delegation form was submitted by the Petitioners in both the matters, there was no embargo on the Petitioners to vote at the election as also it being clear that, the said delegation form was submitted 15 days prior to the election to be held, the respondents ought to have included the name of the delegate of the Petitioners in the eligible electoral voters list. In that background, I pass the following: ORDER I. The writ petitions are allowed. II. In view of the fact that by way of the interim orders passed by this Court, the Petitioner-Co- operative Society in both the matters was permitted to vote at the elections held on 28.05.2025, the respondents are directed to count the said votes which have been kept in - 41 - HC-KAR NC: 2025:KHC:35326 WP No. 14457 of 2025 C/W WP No. 14472 of 2025 a separate Ballot box and announce the results, within 10 days of the receipt of a copy of this order, in the event of there being no other order restraining the announcement of results. III. In the event of any person being aggrieved by the same, liberty is reserved to file necessary proceedings under Section 70 of the Karnataka Co-operative Societies Act, 1959. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY/- List No.: 19 Sl No.: 1