- 1 - NC: 2025:KHC:7725 WP No. 3650 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3650 OF 2025 (CS-EL/M) BETWEEN: 1. SEENAPPA T.C. S/O LATE CHENAPPA AGE- 68 YEARS R/O NO.278, BEML LAUOUT, 8TH MAIN, THUBARAHALLY, WHITEFIELD POST, BENGALURU-560066. 2. SUNDARA RAJU S/O SHESHA MAHARAJ AGE- 70 YEARS NO.858, 2ND MAIN, ACES LAYOUT KUNDALAHALLI, BENGALURU-560037. 3. M.C. PUTTEGOWDA S/O NILIGIRICHENNEGOWDA AGE- 73 YEARS NO.640, 13TH CROSS, M.C.E.C.H.S. LAYOUT, DR. SHIVARAKKARANATH NAGAR HEGDENAGAR MAIN ROAD, BENGALURU-560077. 4. POOJAPPA S/O LATE CHENAPPA AGE 69 YEARS CHIKKABANAHALLI, KADAGODI, BENGALURU-560067. 5. SIDDAPPA T.V. S/O LATE VEERANANJAPPA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7725 WP No. 3650 of 2025 AGE-73 YEARS NO.19/25, 2ND MAIN, MARENAHALLI, VIJAYANAGARA, BENGALURU-560040. 6. SANNAKEMPAMMA D/O ARASALHA AGE- 65 YEARS NO.2, GRAMADEVTHE TEMPLE ROAD, ADUGODI, BENGALURU-560030. 7. PUNDARIKAKSHA D.R. S/O LATE B.R. RANGAPPA AGE- 67 YEARS NO.7. SRIRANGANATHASWAMY NILAYA NAGAPPA ROAD, PALACE GUTTAHALLI BENGALURU-560003. 8. JAGADISH .R S/O LATE R. RANGALAH AGE 68 YEARS, NO.A1, HIGH TECK SUGANDHA GYNANAJOYTHINAGAR ULLAL MAIN ROAD, BENGALURU-560096. 9. ARASKUMAR S/O LATE MUNISWAMAPPA AGE- 65 YEARS R/O. 151, 18TH MAIN, 18TH CROSS, M.C. LAYPUT VIJAYANAGAR, BENGALURU-560040. 10. KAILASH KUMAR S/O D.T.V.SHANTAKUMAR AGE- 63 YEARS NO.97/2, SHIVAMMA NILAYA OPPOSITE TO MGA HOSPITAL MARATHAHALLI BENGALURU-560037. - 3 - NC: 2025:KHC:7725 WP No. 3650 of 2025 11. JAYANTHI KUMARI W/O P.K. RAVINDRANATH AGE 69 YEARS NO.217, 13TH A CROSS, YELAHANKA NEW TOWN BANGELURU-560064. 12. NAGARAJA .K S/O LATE D.N. KALACHA AGE 74 YEARS DIRECTOR NO.63/2, 11TH A CROSS, PARSHI LAYOUT, MALLESHWARAM, BENGALURU-560003. ALL PETITIONERS ARE DIRECTORS OF: NGEF EMPLOYEES AND EX-EMPLOYEES HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.215, 1ST FLOOR, LINK ROAD, SESHADRIPURAM, BENGALURU-560020. … PETITIONERS (BY SRI DEVI PRASAD 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 ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY. - 4 - NC: 2025:KHC:7725 WP No. 3650 of 2025 3. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER, NO.1, ALI ASKER ROAD, BENGALURU-560001. 4. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BENGALURU-560001. 5. NGEF EMPLOYEES AND EX-EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.215, 1ST FLOOR, LINK ROAD, SESHADRIPURAM, BENGALURU-560020 REPRESENTED BY ITS SECRETARY. (RESPONDENT NO.5 IS REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) … RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-5; SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2; SRI P. ANAND, ADVOCATE FOR R-5; SRI RAMESH CHANDRA, ADVOCATE FOR IMPLEADING APPLICANT ON I.A.NO.1/25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NOS.2, 3 AND 4 TO HOLD AND CONDUCT THE ELECTIONS TO THE RESPONDENT NO.5 BY APPOINTING THE RETURNING OFFICER FORTHWITH; ISSUE A WRIT IN THE NATURE MANDAMUS TO THE RESPONDENT NO.3 AND 4 TO CONTINUE THE FUNCTIONING OF THE BOARD TILL THE HOLDING OF THE ELECTION TO THE RESPONDENT NO.5 SOCIETY. THIS WRIT PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:7725 WP No. 3650 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for a writ of mandamus directing to hold and conduct the elections to respondent No.5 by appointing the Returning Officer. 2. The petitioners are the directors of respondent No.5-Co-Operative Society, registered under the provisions of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). 3. The case of the petitioners is that the term of the Board of respondent No.5-society expires on 19.02.2025, hence election to the managing committee of respondent No.5 for the period 2025 to 2030 is to be held. 4. Respondent No.5-society had intimated respondent No.3 on 23.10.2024 about taking steps to conduct the elections. It is also stated that further notice under Rule 13-D has been issued on 23.10.2024 to all the ineligible voters and the Society has not received any - 6 - NC: 2025:KHC:7725 WP No. 3650 of 2025 objections from the ineligible voters, the same was intimated accordingly by the petitioners to the Election Officer. The Election Officer having not taken any steps to conduct the election, the petitioners are before this court for necessary directions. 5. I.A.No.1/2025 filed for impleading who are members of respondent No.5-society. It is the contention of the impleading applicants that earlier there were disqualification proceedings initiated in respect of mismanagement of the society and the petitioners had approached this Court challenging the order of disqualification and obtained the interim order. 6. Affidavit is filed by Sri B.R. Lingaraju who is working as Additional Registrar of Co-Operative Societies and the Election Officer for the Primary Societies stating that the election of respondent No.5-society would be conducted on or before 30.04.2025 the relevant portion of the affidavit is culled out as under: - 7 - NC: 2025:KHC:7725 WP No. 3650 of 2025 “5. I further humbly submit that the Respondent No.5-Society has not placed any objections of the ineligible members list concerned. If the ineligible members are given objections to the society, the society has placed the objections to this Respondent, then considering of the above objections is concerned, more time is required to conduct the Election as per law and 60 days required for initiation of the Election. Therefore, the Respondent will conduct the Election on or before 30.04.2025.” 7. The affidavit is taken on record. 8. Learned counsel for the petitioners submits that if the respondent – Election Officer concludes the election proceedings on or before 30.04.2025, disqualification would not arise, as the election process was initiated. 9. Disqualification, as stated by the impleading applicants, is regarding the irregularities and violation of bylaws, which is pending adjudication and this Court refrains from answering the said aspect, which is the subject matter of another proceeding. The petitioners - 8 - NC: 2025:KHC:7725 WP No. 3650 of 2025 herein are seeking for conducting the election of the society before the expiry of the term and non-conducting of the election should not make the petitioners for disqualification for the said reason. 10. The material on record would indicate that the respondent - Society has taken steps for conducting the election before the expiry of the term of the office within the stipulated time. Having perused the material on record, the decision of the Division Bench of this Court in the case of Mysore & Chamarajanagar District Cooperative Bank Ltd., and others vs. The State of Karnataka, Dept. of Cooperation and others1 (Mysore & Chamarajanagar District Cooperative Bank) aptly applies to the present facts and this Court is of the considered opinion that benefit be given to the Board members. The material on record clearly indicates that the respondent-society had informed the Authority on 23.10.2024 about the term of the Board being expiring on 1 MANU/KA/008/2024 (W.A. No.1333/2023) - 9 - NC: 2025:KHC:7725 WP No. 3650 of 2025 19.02.2025 and the respondent-society has set in motion the election process by issuing notice under Rule 13-D(2- A) of the Rules, in the peculiar facts and circumstances the board not to be disqualified or penalized for non conducting of election and this Court pass the following: ORDER i. Respondent No.3 to conduct the election of respondent No.5-society on or before 30.04.2025 and the Board of the respondent-society not to be penalized or disqualified on account of non-conducting the election within the expiry period of the term. ii. With the said observations, the writ petition stands disposed of. Pending IAs, if any, would not survive for consideration. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM/List No.: 2 Sl No.: 35