Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 56494 (KAR)

RADHA v. THE STATE OF KARNATAKA

WP/29151/2025 · 2025-09-26

R Nataraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 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. 29151 OF 2025 (CS-EL/M) BETWEEN: 1. RADHA W/O. MAHESH AGE 46 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, AGRAHARA, BACHAHALLI, K.R. PETE TALUK, MANDYA-571426. 2. B. SRIDHAR S/O. BOREGOWDA, AGE 48 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, BANDIHOLE, K.R. PETE TALUK, MANDYA-571426. 3. B.M. KIRANA S/O. B.S. MANJUNATH AGE 41 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, ANEGOLA, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA-571426. 4. G.N. ANNEGOWDA S/O. NINGEGOWDA @ KARIGOWDA AGE 57 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, MADAPURA, K.R. PETE TALUK, MANDYA-571426. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 5. YOGESHA S/O. RAMEGOWDA, AGE 49 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, AKKIHEBBALU, MANDYA-571605. 6. RAMESHA J.S. S/O. B.N. SANNEGOWDA, AGE 60 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, JAINAHALLI, K.R. PETE TALUK, MANDYA-571605. 7. A.T. KARISHETTY S/O. HANUMASHETTY AGE 70 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY,, ALAMBADI KAVALU, MANDYA-571605. 8. M.S KANTHARAJU S/O SHIVARAMEGOWDA AGE ABOUT 53 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY MAMBALLI, SOMANATHAPURA (P) MANDYA 571605 9. T BALADEVA S/O. THIMMEGOWDA AGE ABOUT 50 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY HARIHARAPURA MANDAYA - 571605 10. B D JNANENDRAPPA S/O. DODDA THIMMEGOWDA AGE ABOUT 72 YEARS DELEGATE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY, - 3 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 BOOKANAKERE, K.R. PETE TALUK MANDYA - 571605 11. K B NAGESHA S/O. BASAVEGOWDA AGE ABOUT 50 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY, GANJIGERE, KRISHNARAJPET MANDYA - 571812 12. B A SURESHA S/O. APPAJIGOWDA AGE ABOUT 56 YEARS DELEGATE, PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY, BALLEKERE, KRISHNARAJPET. MANDAYA - 571426 13. V D HARISHA S/O. V D DEVEGOWDA AGE ABOUT 51 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY VITALAPURA, MANDYA - 571426 14. SMT SARASWATHI W/O. MAHADEVA AGE ABOUT 45 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, MURUKANAHALLI, K R PETE TALUK MANDYA - 571426 15. H T LOKESH S/O. THIMMEGOWDA AGED ABOUT 47 YEARS, DELEGATE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, HARALAHALI, K R PETE TALUK MANDYA - 571426 16. S B SHIVAKUMARA S/O BORALINGEGOWDA AGE ABOUT 50 YEARS - 4 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 DELEGATE, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, SINDHAGHATTA KRISHNARAJPET MANDYA - 571426 …PETITIONERS (BY SRI. M.R.RAJGOPAL, SENIOR ADVOCATE FOR SRI. THILAKRAJ S.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C., KHB ROAD, BENGALURU - 560002 3. THE SECRETARY TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY K.R.PETE, K.R.PETE TALUK, MANDAY - 571426 REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 4. THE RETURNING OFFICER AND TAHASILDAR FOR THE ELECTIONS OF TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY K.R. PETE TALUK, MANDAY DISTRICT - 574126 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT MANDAY - 574126 …RESPONDENTS (BY SRI.YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 4 AND 5) - 5 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENT NOS.2 AND 5 AS WELL AS OTHER RESPONDENTS TO ADDRESS THE GRIEVANCES OF THE PETITIONERS, AS PER ANNEXURE-C AND D DATED 18-09-2025 AND 20-09-2025 RESPECTIVELY 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 sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 5 as well as other respondents to address their grievances vide representations dated 18.09.2025 and 20.09.2025. They have also sought for an appropriate writ to declare that once the voters' list is finalised and the names of eligible voters are published, the same shall not be interrupted, altered or tinkered in view of the clear mandate contained in Rule 13(d) (3)(d) of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules, 1960' for short). - 6 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 2. The petitioners are all members of primary cooperative society and are delegates to the respondent No.3. Their names appeared in the eligible voters list which was published for the elections to the managing committee of the respondent No.3 scheduled on 28.09.2025. The petitioners contend that they all belong to a particular political party and they constitute majority of the directors. They contend that the minority directors owe allegiance to the ruling party in the State and therefore, they apprehend that the opponent group may resort to any method to ensure that one of them is either disqualified or excluded from the eligible voters list to tilt the balance in their favour. 3. The petitioners are therefore before this Court seeking the aforesaid reliefs. 4. The learned Additional Government Advocate who has accepted notice for the respondent Nos.1, 4 and 5 submits that as on date, there is no request for disqualification of any of the members of the petitioners. He also contends that as on date there is no complaint or request for excluding any of the names of the petitioners from the eligible voters list. He contends that the apprehension of the petitioners is unfounded - 7 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 and the writ petition being mischievous, is liable to be dismissed. He also contends that the petitioners have attempted to seek for a relief which they are not entitled as no cause of action as arisen for the petitioners to approach this Court. 5. I have considered the submissions of the learned senior counsel for the petitioners as well as the learned Additional Government Advocate for the official respondents. 6. The petitioners have pleaded in the writ petition that there are 32 directors in the respondent No.3 of which, the petitioners who are 16 in number constitute the majority and belong to a particular political party, while the opponent party owes allegiance to another political party. Therefore, the allegation that there could an attempt to tilt the balance cannot be disbelieved. Having regard to the political wrangling in the co-operative societies, the apprehension of the petitioners cannot be treated as remote but is possible. 7. However, having regard to the submissions of learned Additional Government Advocate for the official respondents that there is no move till date to disqualify any of - 8 - HC-KAR NC: 2025:KHC:39083 WP No. 29151 of 2025 the petitioners under Section 29(c) of the Karnataka Co- operative Societies Act, 1959 (henceforth referred to as 'Act, 1959' for short) or any other provisions of the Act, 1959 and there is no move to exclude any of the members from the eligible voters list, the apprehension of the petitioners stands suitably addressed. It is needless to mention that once the process of Rule 13(d)(2) of the Rules, 1960 is complied and an eligible voters list is drawn up, the respondent No.4 cannot entertain any request for exclusion of any members from the voters list. 8. In that view of the matter, this writ petition stands disposed off, noting the submission of learned Additional Government Advocate as recorded above. 9. In view of disposal of main petition, interlocutory applications if any, do no survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 13