- 1 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 17756 OF 2025 (CS-EL/M) BETWEEN: 1. ARUNODAYA MULTIPURPOSE CO-OPERATIVE SOCIETY R/AT 3, 7TH BLOCK, GOVERNMENT EMPLOYEES COLONY, SHIVASHAKTI ROAD, MYSORE TALUK AND DISTRICT-570007. REPRESENTED BY ITS SECRETARY S DIWAKAR, AGE 60 YEARS. 2. SHEEP AND WOOL PROCEDURES CO-OPERATIVE SOCIETY R/AT NO VETERINARY HOSPITAL PREMISES, KR NAGAR - 571607. REPRESENTED BY ITS SECRETARY S MAHADEVU. AGE 50 YEARS 3. NANJANGUDU TALUK MERCHANTS CO-OPERATIVE SOCIETY R/AT NANJANGUD TALUK MYSORE AND DISTRICT-570007. REPRESENTED BY ITS SECRETARY SUDHENDRA AGE 65 YEARS. 4. WATER USERS CO-OPERATIVE SOCIETY R/AT GUNDEGAALA KOLLEGAALA TALUK MYSORE DISTRICT-571441. REPRESENTED BY ITS SECREATRY SHIVANNA, AGE 53 YEARS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 PETITIONERS SOCIETYS HAVE BEEN REGISTERED UNDER CO-OP SOCIETIES ACT,1959. …PETITIONERS (BY SRI. MAHESH C. M., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT CO-OPERATIVE SOCIETY. MS BUILDING. BANGALORE -570001 REP. BY ITS PRINCIPAL SECRETARY 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION PALACE OFFICE BUILDING MYSORE-570001 3. COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 2ND FLOOR, SHANTINAGAR BUS STOP BANGALORE-560027 4. DISTRICT CO-OPERATIVE ELECTION OFFICER MYSORE DISTRICT, MYSORE-570001 ASHOK ROAD, NEHARU CIRCLE, MYSORE -570001 5. CHIEF EXECUTIVE OFFICER MYSORE AND CHAMRAJNAGAR DISTRICT CO-OPERATIVE CENTRAL BANK ASHOK ROAD, NEHARU CIRCLE, MYSORE -570001 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1,R2 AND R4, SRI. T.L. KIRAN KUMAR, ADV. FOR R3, SRI. K. ANAND, ADV. FOR R5.) - 3 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20 (2) (A-IV) AND (A-V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243Z0 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have filed this writ petition for the following reliefs: i. "Issue a writ of appropriate nature to declare that Section 20(2)(a-iv) & (a-v) the Karnataka Cooperative Societies Act is ultra vires the legislative competence and Article 243Z1 and 243Z0 of the constitution of India. ii. Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents to conduct the elections to the respondent no 5 society for the term 2025-30 in accordance with the list of members produced herewith as Annexure-A.” The learned counsel for the petitioners submitted that he does not press relief No.1 and therefore this writ petition is restricted to considering the entitlement of the petitioners for relief No.2. - 4 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 2. The petitioners contend that they are all primary societies and members of the respondent No.5. The respondent No.4 had issued a notification notifying the elections to the managing committee of respondent No.5 on 26.06.2025. The petitioners contend that the final eligible voters list was prepared and those who had not attended three general body meetings out of five and those who had not done minimum transaction of Rs.3,00,000/- were not eligible to participate or contest or vote in the elections. The petitioners contend that the election officer had published a list of eligible members, where their names does not appear. The petitioners are therefore before this Court challenging their exclusion from the democratic process in electing a managing committee for the respondent No.5. 3. The learned counsel for the petitioners contended that the petitioners have attended three general body meetings and have also done more than Rs.3,00,000/- transactions with the respondent No.5 and therefore, the inclusion of the petitioners’ names in the list of ineligible voters is not just and proper. He also contends that the respondent No.4 - election - 5 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 officer has not followed the due process as contemplated under Rule 13D of the Karnataka Co-operative Societies Rules, 1960, before including the names of the petitioners in the ineligible voters list. 4. The learned Additional Government Advocate on the other hand contended that the question whether the petitioners are eligible or ineligible voters cannot be decided in a petition under Article 226 of the Constitution of India. He contends that the Hon’ble Division Bench following the judgement of Co- ordinate Benches in Mohammad Beary and Others vs. The State of Karnataka and Others (WP No.29271/2023 and connected matters) and Sri.B.Ganganna and others vs. The State of Karnataka and Others - ILR 2024 KAR 1901, have categorically held this and the Division Bench of this Court has reiterated the above position. He contends therefore it is appropriate for the petitioners to be relegated before the authority under Section 70 of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as ‘the Act, 1959’ for short). - 6 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 5. I have considered the submissions of the learned counsel for the petitioners and the learned Additional Government Advocate for the official respondents. 6. The names of the petitioners were included in the ineligible voters list on the ground that they had either failed to attend three general body meetings out of five or that they had failed to do the minimum transaction expected under the bye- laws. The petitioners have not produced anything to show that they had attended the meetings or done the minimum transactions as prescribed under law and as per the bye-laws of the respondent No.5. Therefore, this Court is handicapped to decide the question whether the inclusion of the names of the petitioners in the list of voters was right or not. They have also not mentioned as to how they are eligible to be included in the voters list. Therefore, as rightly contended by learned Additional Government Advocate, this Court cannot exercise jurisdiction under Article 226 of the Constitution of India to restore the rights of the petitioners to exercise their vote at the elections to the managing committee of the respondent No.5. However, it is relevant to note that this Court had permitted the petitioners to cast their vote and the results of the election - 7 - HC-KAR NC: 2025:KHC:39077 WP No. 17756 of 2025 were not declared. In view of the finding recorded by this Court that the petition of this nature is not maintainable, it is only appropriate to relegate back the petitioners to the authority under Section 70 of the Act, 1959. The petitioners shall raise appropriate disputes before the concerned authority under Section 70 of the Act, 1959, within 15 days from today, challenging the inclusion in the ineligible voters list. The authority shall consider the petition in accordance with law and take an appropriate decision in the matter within three months thereafter. The results of the election shall be thereafter declared in accordance with law. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 3