- 1 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27139 OF 2024 (CS-EL/M) C/W WRIT PETITION NO. 29615 OF 2024 (CS-EL/M) WRIT PETITION NO. 30054 OF 2024 (CS-EL/M) WRIT PETITION NO. 1415 OF 2025 (CS-RES) IN WP No. 27139/2024: BETWEEN: BANDREHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BANDREHALLI, MADHUGIRI TALUK, TUMKUR DISTRICT, BY ITS PRESIDENT, B. NAGESH BABU, S/O. B.V. NAGARAJU, AGED ABOUT 58 YEARS. …PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027. 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107. 4. THE RETURNING OFFICER/ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107, BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. G. NARASI REDDY, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED NIL IN NUMBER NIL VIDE ANNEXURE-K ISSUED BY THE RESPONDENT NO.5 UNION AND ETC. IN WP NO. 29615/2024 BETWEEN: GOWDETII MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY LTD., GOWDETI, PAVGADA TALUK, TUMIKUR DISTRICT-561202 BY ITS PRESIDENT SMT. CHOWDAMMA W/O NARAYANAPPA K AGED ABOUT 64 YEARS REGD. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP BENGALURU-560 027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. N H-206, MALLASANDRA POST, TUMKURU-572107 4. THE RETURNING OFFICER/ ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. N H-206, MALLASANDRA POST, TUMKURU-572107 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. N H-205, MALLASANDRA POST, TUMKURU-572107 BY ITS MANAGING DIRECTOR REGD. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE - 4 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER ENDORSEMENT DATED NIL IN NUMBER NIL VIDE ANNEXURE -D ISSUED BY THE RESPONDENT NO.5 UNION IN SO FAR AS PETITIONER SOCIETY IS CONCERNED AND ETC. IN WP NO. 30054/2024 BETWEEN: KALANJIHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KALANJIHALLI, TURVEKERE TALUK, TUMKUR DISTRICT - 572 227 BY ITS PRESIDENT MOHAN KUMAR K.M. S/O MAHALINGAPPA AGED ABOUT 32 YEARS SOCIETY REGD. UNDER KARNATAKA CO-OP. SOCIETIES ACT, 1959 ...PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE - 560 001 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP BENGALURU-560 027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. N H-206, MALLASANDRA POST, TUMKURU-572107 4. THE RETURNING OFFICER/ ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS - 5 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER CO-OPERATIVE SOCIETIES UNION LTD. N H-206, MALLASANDRA POST, TUMKURU-572107 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD. N H-206, MALLASANDRA POST, TUMKURU-572107 BY ITS MANAGING DIRECTOR SOCIETY REGD. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST DATED NIL IN NUMBER NIL VIDE ANNEXURE-B ISSUED BY THE RESPONDENT NO.5 UNION IN SO FAR AS THE PETITIONER SOCIETY IS CONCERNED AND ETC. IN WP NO. 1415/2025 BETWEEN: CHANNAMALLAPPA SON OF ERA MALLAPPA AGED ABOUT 70 YEARS PRESIDENT PALAVALLI MILK PRODUCER CO-OPERATIVE SOCIETY PALAVALLI, NAGALAMADIKE HOBLI, PAVAGADA TALUKA, TUMKUR 561202 ...PETITIONER (BY SRI. KETHAN KUMAR, ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION COMMISSION CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR BUS STOP, BANGALORE 560027 3. RETURNING OFFICER TUMKUR DISTRICT MILK PRODUCER SOCIETIES UNION LTD TUMKUR DISTRICT-572107 4. TUMKUR DISTRICT MILK PRODUCER SOCIETIES UNION LTD., NATIONAL HIGHWAY 206 B H ROAD, MALLASANDRA TUMKURU-572107 REP BY MANAGING DIRECTOR 5. CHANDRASHEKAR REDDY SON OF MURKANNA REDDY AGED ABOUT 58 YEARS PRESIDENT BELIBATALU MILK PRODUCER CO-OPERATIVE SOCIETY NIDAGALU HOBLI, PAVAGADA TALUK TUMKUR DISTRICT-561202 ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 3; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.4; SRI. JAI PRAKASH REDDY M., ADVOCATE FOR RESPONDENT NO.5) - 7 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT HOLDING OF ELECTIONS TO THE POST OF PRESIDENT AND OFFICE BEARERS TO THE 4TH RESPONDENT VIDE NOTIFICATION DATED 13.01.2025 ISSUED AS PER RULE 14(AG) 3 AS PER ANNEXURE-H ON THE BASIS OF THE ELECTION RESULT AS PER ANNEXURE-E WITHOUT THERE BEING ANY FINAL ORDER IN W.P.NO.29182/2024 OR WITHOUT ELECTION RESULTS WITH RESPECT TO 4TH RESPONDENT SOCIETY HAVING ATTAINED FINALITY, IS ARBITRARY AND UNCONSTITUTIONAL AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER In these petitions, the petitioners being the members of primary societies have sought for the following reliefs:- In W.P.No.27139/2024, W.P.No.29615/2024, W.P.No.30054/2024 (i) Issue a writ in the nature of certiorari or any other appropriate nature quashing the endorsements/ineligible voters lists dated Nil in number Nil issued by the respondent No.5 Union in so far as petitioners are concerned. (ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the - 8 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER respondent Nos.2 to 5 to permit the petitioner societies to contest and/or cast their votes in the elections scheduled to be held on 10.11.2024 for the years 2024 to 2029 and conduct the elections to the respondent No.5 Union for the term 2024 to 2029. In W.P.No.1415/2024 (i) Issue a writ of appropriate nature declaring that holding of elections to the post of President and office bearers to the 4th respondent vide notification dated 13.01.2025 issued as per Rule 14(AG) 3 as per Annexure - H on the basis of the election result as per Annexure - E without there being any final order in W.P.No.29182/2024 or without election results with respect to 4th respondent society having attained finality, is arbitrary and unconstitutional. (ii) Issue a writ of Mandamus directing the respondent to conduct elections to the post of President and office bearers to the 4th respondent strictly subject to the elections results of the 4th respondent society after attaining the finality that is outcome of the final orders in W.P.No.29182/2024 and other writ petitions. - 9 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER Facts pleaded in W.P.No.27139/2024, W.P.No.29615/2024, W.P.No.30054/2024 2. (i) The petitioners are primary societies who are affiliated to Tumakuru District Milk Producers Co-operative Societies Union Limited (henceforth referred to as 'District Milk Union'). In order to be eligible for the petitioners' representatives to participate and vote in the elections to the District Milk Union, byelaw No.15.2 of District Milk Union mandated that the primary societies should supply milk of 150 kgs every day in two shifts for a minimum 270 days in every co-operative year to the District Milk Union as per the stipulated terms and conditions. The petitioners contend that District Milk Union had issued a show-cause notice/s to them under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules of 1960') to show cause as to why they should not be included in the ineligible voters list. The petitioners replied to the said notice/s claiming that they had supplied 150 kgs of milk for 270 days in the last five co-operative years and that due to involvement of sitting Directors of District Milk Union, who colluded with the staff of the chilling centre, to adulterate the milk, the SNF value of the - 10 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER milk supplied by them was below 8.5. They contend that the erring staff of District Milk Union were placed under suspension and a criminal case is going on against them. Later, the Election Officer issued notice/s to the petitioners under Rule 13-D(2-A) of the Rules of 1960 to show cause as to why they should not be included in the ineligible voters list. The petitioners replied to the said show cause notice/s and explained as to why there was a shortage in the supply of milk. Nonetheless, the Election Officer included the petitioners in the ineligible voters list. (ii) The petitioners contend that the District Milk Union did not reject or return the milk supplied by them and therefore, claim of the District Milk Union that milk supplied did not carry 8.5 SNF, is not acceptable. They further contend that in Madhugiri and Koratagere Taluks, there was skin tag disease and more than 100 cows had died during August, 2022 and March, 2023 and that therefore, there was a drop in milk production. There was also drop in production of milk due to Covid-19 during the years 2019-20 and 2020-21. They therefore, contend that inclusion of their names in the ineligible - 11 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER voters list, is improper and illegal and therefore, prays that a direction be issued to the District Milk Union to include their names in the eligible voters list and also permit them to contest and/or cast their votes in the election to the Managing Committee of District Milk Union. 3. Learned counsel for the petitioners reiterated the above contentions and submitted that the petitioners were only bound to supply 150 kgs of milk every day in last 270 days in two shifts. He contends that ineligibility of the petitioners to participate in the elections arise only under two circumstances namely, as provided under Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act of 1959') and the average supply of 150 kgs in 270 days of a co-operative year is not a condition contemplated for ineligibility under Section 20(2)(a-iv) and (a- v) of the Act of 1959. Besides this, he contends that the petitioner in W.P.No.27139/2024 had supplied an average of 150 kgs of milk, which is evident from Annexure - K1 in W.P.No.27139/2024 and that District Milk Union had claimed that the milk supplied by the petitioners did not carry 8.5 SNF - 12 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER and therefore, proportionately reduced the quantity of the milk supplied by the petitioners. He contends that if the total volume of milk supplied by the petitioners is taken into account then, they had satisfied the eligibility criteria for participating in the elections. He contends that staff of District Milk Union were involved in adulterating the milk supplied by the petitioners and the same is evident from the orders of suspension of tester and other staff of District Milk Union. He therefore, contends that the reason for reduced quality of milk cannot be attributed to the petitioners and this at any rate cannot result in the petitioners becoming ineligible to participate in the elections to the Managing Committee of District Milk Union. 4. The learned Additional Advocate General on the other hand submitted that the petitioners were not only bound to supply an average of 150 kgs of milk for 270 days every year but were bound to supply quality milk. It is contended that the quality of the milk was prescribed by the Apex Union and the petitioners were fully aware of the same. She contends that the petitioners have not disputed the fact that the milk supplied by them was not of standard quality and - 13 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER therefore, District Milk Union had proportionately reduced the quantity of milk. She contends that the petitioners have acknowledged this by accepting amounts from the District Milk Union and appropriate audits of the accounts of the petitioners have also been approved. She therefore, contends that the petitioners cannot now contend that they have complied with the eligibility criteria for being eligible to participate in the elections to the Managing Committee of District Milk Union. 5. The learned counsel for District Milk Union reiterated the above submissions of the learned Additional Advocate General and submitted that the petitioners were not only bound to supply the minimum quantity of milk as prescribed but were also bound to supply the quality milk as prescribed by the Apex Union. He therefore, contends that the petitioners were rightly included in the ineligible voters list and therefore, no indulgence can be shown to the petitioners in these writ petitions. 6. I have considered the submissions of the learned counsel for the petitioners as well as the learned Additional - 14 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER Advocate General and the learned counsel for the District Milk Union. 7. This Court in terms of interim orders dated 23.10.2024, 05.11.2024 and 08.11.2024 permitted the petitioners to cast their votes in the election scheduled to the Board of Directors of District Milk Union on 10.11.2024. Accordingly, the petitioners have cast their votes. The results of the election were ordered to be declared in terms of an order dated 07.01.2025 and the results were announced. 8. The petitioners are primary societies and are affiliated to the District Milk Union, meaning thereby that the President and Vice-President of the petitioners could participate in the elections to the Managing Committee of District Milk Union as delegates. In order to become eligible to participate in the elections, the petitioners were bound to comply with two requirements one of which, was regarding subscribing to the share capital and the other was regarding supply of quality milk as well as minimum quality of 150 kgs on an average in the last 270 days every year. The petitioners being milk co-operative societies, the minimum service that they could avail from - 15 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER District Milk Union is to supply atleast the minimum quantity/prescribed quality milk to become eligible to participate in the elections to the Managing Committee of District Milk Union. In this regard, it is apposite to refer to the byelaws of District Milk Union, which contains rights and responsibilities of a member society and the criteria on which, a member could be treated as ineligible to vote in the Annual General Meeting of District Milk Union. 13 Chapter-13 Rights & Responsibilities of a Member Society 13.1 a) Shall supply on an average 150 Kgs quality milk per day to the Union for Atleast 270 days in every cooperative year. b) Shall submit its financial statement within 15 days from date of closure of cooperative year to the Union and obtain the certificate. c) Out of the total milk procured by the member society, shall retain a certain quantity of milk as prescribed by the Union for local sales and remaining quantity of milk shall be supplied to the only Union. d) Shall follow the directions of the Union regarding the place, time of supply, - 16 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER transportation and other subjects related to supply of milk. e) Shall supply pure milk without any adulteration every day to the Union. f) Shall follow the instructions/directions of the Union from time to time. g) A member Society of the Union shall have a right to know about the affairs of the Union. h) Participate and vote in the general meeting of the Union. i) Shall Participate, contest and vote in the election of the Directors of the Union. j) Have access to the books, information and accounts of the Union kept in regular transaction of its business with it. k) Get dividend on distribution of profit. l) Get a copy of the statutory audit report. m) Get a copy of the statutory enquiry or inspection report, if any. n) Suggest action to be taken for rectification of the defects and remedying of the irregularities pointed out in the audit or inquiry or inspection reports. o) Get copies of the notes, information and - 17 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER reports relating to every subject on the agenda of the notice of the general meeting (including the proceedings of the previous general meeting) and get copies of the notes, information and reports that are furnished to the members at the time of conducting general meeting. 15 Chapter-15 Ineligible to Vote in Annual General Body meeting and to participate contest and vote in the election of the Directors Any member society which fails to fulfill the following such member society shall not have a right to vote for one year in the Annual general meeting and to participate, contest and vote in the election of the directors of the Union. 1. Which-fails to attend two out of five last general body meetings. 2. Fails to supply milk for minimum 270 days in every cooperative year on an average 150 Kgs Milk to the Union as per the terms and conditions. 3. Failed to utilize such minimum services of facilities as may be specified in the byelaws - 18 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER for any two Co-operative years. 4. If Member society has supplied milk to other Dairy/ Private Dairy in any of the previous 3 Co-operative years. 5. If the member society is continuously defunct for 90 days/ board of management is rescinded/ liquidated. 6. If a member Society has defaulted in the repayment of loan or payment of any other dues, 7. A Society who has become a member of the Union within a period of twelve months immediately prior to date of such meeting/ election of the directors. 9. It is not seriously disputed by the petitioners that the Apex Milk Union prescribes the quality of milk to be supplied by the primary societies. It is also not in dispute that the Apex Union has prescribed that the milk supplied by primary societies should carry minimum of SNF (Solids-Not-Fat) of 8.5%. 10. The petitioner in W.P.No.27139/2024 has placed on record the milk supplied by it during the years 2018-19 to - 19 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER 2022-23. From the year 2019-20 till 2022-23, though it had supplied 49534 kgs, 49385 kgs, 62310 kgs and 53699 kgs respectively, since quality of milk did not match the stipulated standard, the same was proportionately reduced to 40998 kgs, 36601 kgs, 50672 kgs and 31754 kgs respectively and the average supply was 152 kgs, 136 kgs, 188 kgs and 118 kgs respectively. The petitioners have not denied the fact that District Milk Union has made payments only with respect to the reduced volume of milk supplied. None of them had denied the fact that District Milk Union had made payment to them only for the reduced volume of milk supplied. Therefore, the petitioners had clearly violated the byelaw Nos.13.1 and 15.2 and thereby became ineligible to vote in the elections to the General Body of District Milk Union. 11. The contention of the petitioners that some officials of the District Milk Union were involved in adulterating the milk, is not well founded as in the order suspending some officials of the District Milk Union, there is no reference that the milk supplied by the petitioners were adulterated by the officials of - 20 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER District Milk Union. Therefore, nothing much turns on this contention and hence, that contention is liable to be rejected. 12. As held by a co-ordinate bench of this Court in H.S.Raju Vs. State of Karnataka and others [(2022) 4 AKR 775], any dispute regarding constitution of a Managing Committee of Co-operative Society has to be worked out before the competent authority under Section 70(2)(c) of the Act of 1959. Similarly, in Mohammad Beary and Others vs. The State of Karnataka and Others (WP No.29271/2023 and connected matters), another Co-ordinate Bench of this Court has taken the same view. Another Co-ordinate Bench of this Court in Sri.B.Ganganna and others vs. The State of Karnataka and Others [ILR 2024 KAR 1901] took slightly different view by holding that in those cases, where members are egregiously excluded from the list of voters, in such cases, the jurisdiction under Article 226 of the Constitution of India is not ousted. A Division Bench of this Court in Kallappa and others vs. State of Karnataka and others [(W.A.No.100620/2024) (D.D.06.06.2025) has upheld the - 21 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER view in H.S.Raju, Mohammad Beary and Others and Sri.B.Ganganna and others, referred supra. 13. The exercise of jurisdiction under Article 226 of the Constitution of India, is for the limited purpose of ascertaining whether the procedure prescribed in law for treating a member as ineligible to participate in the elections, is followed or not. The inclusion of the name of a member in the ineligible voters list is purely an administrative act between the District Milk Union, Election Officer and the petitioners. If there is any wrongful exclusion or wrongly inclusion in the list of voters, the appropriate remedy is to approach the concerned officer under Section 70(2)(c) of the Act of 1959. In the case on hand, it is seen that the District Milk Union as well as Election Officer have issued appropriate notice/s to the petitioners under Rule 13- D(2-A) of the Rules of 1960 to show cause as to why their names should not be included in the ineligible voters list. The petitioners have replied to those show cause notice/s and therefore, there is clear compliance of Rule 13-D (2-A) of the Rules of 1960 before including the names of the petitioners in the ineligible voters list. The reason assigned by the petitioners - 22 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER assailing their inclusion in the ineligible voters list could certainly not be considered by the Election Officer under the provisions of the Act of 1959. If it is a fact that the petitioners had failed to supply minimum quantity and prescribed quality of milk, it is inevitable that they have to face consequences. In that view of the matter, as there is no disputed question of fact, this Court is of the opinion that the petitioners were rightly included in the ineligible voters list and therefore, they are not entitled to participate in the election to the Managing Committee of District Milk Union. 14. In that view of the matter, the following order is passed: ORDER (i) W.P.No.27139/2024, W.P.No.29615/2024, W.P.No.30054/2024 are dismissed. (ii) The Returning Officer shall now exclude the votes cast by the petitioners and issue fresh declaration by counting the eligible votes cast. This shall be done within fifteen days from the date of receipt of a certified copy of this Order. - 23 - HC-KAR NC: 2025:KHC:43905 WP No. 27139 of 2024 C/W WP No. 29615 of 2024 WP No. 30054 of 2024 AND 1 OTHER (iii) If petitioner in W.P.No.27139/2024 has contested, the Returning Officer shall reject its candidature and proceed to issue a fresh declaration after excluding the votes cast by the petitioners and declare the results. (iv) W.P.No.1415/2025 stands disposed off in the light of the disposal of the other petitions filed by the primary co-operative societies. It is for the Returning Officer to take an appropriate decision in the light of the observations made in those petitions. (v) In view of disposal of the petitions, pending I.As., if any, do not survive for consideration and the same stand dismissed. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 56