- 1 - HC-KAR NC: 2025:KHC:44549 WP No. 18110 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 18110 OF 2025 (CS-EL/M) BETWEEN: 1. B PRADEEP S/O LATE M BASAVARAJU AGED ABOUT 45 YEARS, DELEGATE OF N RACHAIAH (HARIJANA GIRIJANA) MULTIPURPOSE CO OPERATIVE SOCIETY LTD., NO. 378, VIVIEKANANDA NAAGARA, T NARASIPURA TALUK, MYSURU 571 124 2. M ASHA W/O S DVIAKAR, AGED ABOUT 57 YEARS DELEGATE OF ARUNODAYA MULTIPURPOSE WOMEN'S CO OPERATIVE SOCIETY LTD., NO. 3, 7TH BLOCK GOVERNMENT EMPLOYEES BADAVANE, SHIVASHAKTHI ROAD, MYSURU 571 301 (BOTH THE PETITIONER'S SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …PETITIONERS (BY SRI. SANDESH T.B., 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 ELECTION AUTHORITY., 3RD FLOOR TTMC A BLOCK Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44549 WP No. 18110 of 2025 K H ROAD, SHANTHINAGAR, BANGALORE 560 027 REPRESENTED BY ITS SECRETARY. 3. DISTRICT ELECTION OFFICER AND DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU 571 105 4. THE ELECTION OFFICER AND ASSISTANT COMMISSIONER MYSURU DIVISION MYSURU 571 105 5. MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU 571 105 REPRESENTED BY ITS CEO. (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959.) 6. THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU 571 105 (SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959.) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 & 6 SRI. K. ANANDA, ADVOCATE FOR R5 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON 26.06.2025 AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44549 WP No. 18110 of 2025 CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard Sri. Sandesh TB, learned counsel for the petitioners and Sri. Yogesh D Naik, learned Additional Government Advocate for respondents No.1, 3, 4 and 6, Sri. TL Kiran Kumar, learned counsel for respondent No.2, Sri. K Ananda, learned counsel for respondent No.5. 2. Petitioners have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 6 to include their names in the eligible voters list and permit them to vote in the election to respondent No.5 - DCC Bank that was scheduled to be held on 26.06.2025 produced as per Annexure-A. 3. The election for the Society was held on 26.06.2025. As per the interim order, the petitioners were permitted to cast their votes in the election that was held on 26.06.2025, subject to the final outcome of the petition. It is ordered that the petitioners shall not claim any equities in this regard. Pursuant to the interim order, the petitioners have exercised their right and cast the votes. - 4 - HC-KAR NC: 2025:KHC:44549 WP No. 18110 of 2025 4. Since the petitioners are seeking to include their names in the eligible voters list, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act. 5. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of the copy of this order. The Returning Officer-Respondent No.6 is directed to declare the election result without counting the vote cast by the petitioners. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 2 Sl No.: 7