- 1 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24089 OF 2025 (CS-EL/M) BETWEEN: 1. MANJU GOWDA S/O CHENNE GOWDA AGE- 54 YEARS NO.2583, 5TH CROSS, 18TH MAIN VIJAYANAGAR 2ND STAGE CO-OPERATIVE SOCIETY LTD., DIRECTOR OF MYSURU AND CHAMARAJANAGAR DISTRICT COOPERATIVE CENTRAL BANK EMPLOYEES CREDIT COOPERATIVE SOCIETY LTD., ASHOK ROAD, NEGRU CIRCLE MYSURU-570001 2. S.KRISHNAKUMAR S/O LATE SANAPPA DEVEGOWDA AGE- 52 YEARS NO.2404, 4TH MAIN 5TH CROSS, VINAYANAGAR MYUSRU -570012 DIRECTOR OF JANAHITHA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., IST MAIN ROAD, VINAYAK NAGAR MYSURU. 3. K.V.CHETAN S/O LATE VISHAKANTEGOWDA AGE- 47 YEARS NO.126, JODIMANE HOSABEEDI KUMBARAKOPLU MYSURU-570016 DIRECTOR OF MAHADESHWAR MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 NO.118/102E, KUMNAR BEEDI, HOSA BADAVANE, KUMBAR KOPLU, METAGALLI, MYSURU - 570016 …PETITIONERS (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. DEVIPRASAD 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 PRINCIPLE 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. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES/ ELECTION OFFICER MYSORE DIVISION MYSORE-570001 4. VERIFICATION OFFICER/ COOPERATIVE DEVELOPMENT OFFICER, OFFICE OF ASSISTANT REGISTER OF CO-OPERATIVE SOCIETY MYSORE-570001 5. MYSORE MATHU CHAMARAJANAGARA ZILLA KENDRA SAHAKARA SAGATU MARATA SANGHA NIYAMITHA, NO.126, HOSASANTHE PETE, BOMBOOBAZAR, MYSORE-570001 REPRESENTED BY ITS IN-CHARGE MANAGER (THE RESPONDENT NO.5 SOCIETY IS REGISTERED UNDER THE KARNATAKA OPERATIVE SOCIETIES ACT, 1959.) …RESPONDENTS (BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELECTION NOTIFICATION DATED 30.07.2025 IN NO.JRM/C/ELN/CR-361/2024- 25 UNDER RULE 14(1) ISSUED BY THE RESPONDENT NO.3 PRODUCED AT ANNEXURE-P AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged an election notification bearing No.eÉDgïJA/¹/EJ¯ïJ£ï/¹Dgï-361/2024-25 dated 30.07.2025 issued by the respondent No.3 under Rule 14(1) of the Karnataka Co-operative Societies Rules, 1960 (for short, 'the Rules, 1960'). They have also sought for a writ in the nature of mandamus to respondent Nos.2 and 3 to conduct and hold election after compliance of Rule 13-D(2-A) of the Rules, 1960 afresh. 2(i) The petitioners contend that they are all members of respondent No.5 - Society. Petitioner Nos.1, 2 and 3 are the Directors of the respective Societies as stated in the cause title of the petition and they are authorized to file this writ petition. They contend that the term of the Managing Committee of the - 4 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 respondent No.5 expired on 09.10.2024. On 13.02.2025, the respondent No.3 appointed the Deputy Registrar of Co- operative Societies, Mysuru sub-division, as an Administrator of the respondent No.5. On a request made by the Deputy Registrar of Co-operative Societies, Mysuru, that he is ineligible to function as an Administrator of respondent No.5, another order was passed on 24.02.2025 appointing the Assistant Registrar of Co-operative Societies, Hunsur sub-division as an Administrator for a period of three months, during which, he was required to take steps to hold the election to the Board of management of respondent No.5. (ii) The petitioners contend that Rule 13-D(2-A) of the Rules, 1960 stipulates the mode and manner for Election Officer to take steps for publication of list of voters who are not eligible to vote. Rule 13-D(2-A)(ii) of the Rules, 1960 mandates that the Chief Executive of every co-operative Society shall send notice to all ineligible members by registered post, fifteen days prior to six months to the date of election of the Board and an opportunity should be given to such members to file their objections within fifteen days from the date of notice. The petitioners contend that when the Administrator - 5 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 was appointed, the respondent No.3 had clearly indicated that as per the Government notifications dated 05.06.2024 and 13.06.2024, the requirement of Rule 13-D of the Rules, 1960 has to be strictly followed and fresh notices under Rule 13-D(2- A) of the Rules, 1960 have to be issued to all the ineligible members fifteen days prior to six months to the date of election of the Board. (iii) The petitioners contend that on 05.02.2025, respondent No.5 issued notices under Rule 13-D(2-A)(ii) of the Rules, 1960 to all the ineligible member Societies directing them to file their objections before the Chief Executive within fifteen days from the date of notice and thereafter, to appear before the respondent No.3 within thirty to sixty days from the date of notice. The petitioners contend that as per the notice dated 05.02.2025, if there is any objection, the concerned member shall file it within fifteen days from the date of notice. The petitioners claim that the said notice/s was/were received by some Societies belatedly on 14.02.2025, giving only a day's time to file objections was a clear violation of law and was done deliberately by the respondent No.5. The petitioners contend - 6 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 that this was done to keep away some of the Societies from participating in election to the board of respondent No.5. (iv) The petitioners claim that on 11.03.2025, respondent No.3 issued notice/s under Rule 13-D of the Rules, 1960 to some of the ineligible member Societies. They claimed that after the notice under Rule 13-D of the Rules, 1960 was issued on 11.03.2025, the Election Officer was required to comply with Rule 13-D(2-A)(v) of the Rules, 1960 by hearing and disposing of the objections filed by the ineligible voters within sixty days from the date of submission of objections from such voters. (v) However, bypassing the provisions of the Rule 13-D of the Rules, 1960 the respondent No.3 issued a calendar of events under Rule 14(1) of the Rules, 1960 fixing the date of election as 10.05.2025. Further, on 25.03.2025, respondent No.2 appointed Sri Manju S, Senior Inspector as the Verification Officer to verify the voters list. On 01.04.2025, the respondent No.5 issued a communication to all the member Societies to send their delegation on or before 18.04.2025. They contend that none of the Societies were issued the delegation forms and the eligible and ineligible voters list/s was/were not published - 7 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 and it was not provided to the members on request. Therefore, some of the member Societies had made a request to respondent Nos.4 and 5 to furnish the documents relating to the ineligible voters, eligible voters as well as the delegation forms. The petitioners contend that the respondent No.3 was in a hurry to hold elections, which was thereafter questioned before this Court in W.P. No.11721/2025. This Court in terms of an order dated 28.04.2025, quashed the impugned election notifications issued by the respondent No.3 under Rule 14(1) of the Rules, 1960 and reserved liberty to the respondents therein to issue notification relating to the election on completion of the time period under Rule 13-D of the Rules, 1960. 3. After the said writ petition was disposed off, the petitioners claimed that the official respondents have not issued the notices under Rule 13-D of the Rules, 1960 to the petitioners as well as other eligible and ineligible members. They contend that an application was filed by one of the members of the respondent No.5 seeking for the list/s of eligible and ineligible members. However, the Headquarters Assistant of respondent No.3 issued an endorsement dated 11.07.2025 stating that the list of eligible and ineligible - 8 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 members is not approved and therefore, the same cannot be provided. The petitioners contend that as per Rule 13-C(2) of the Rules, 1960, the voters list prepared by the Chief Executive of the Society has to be approved by the Election Authority. The Verification Officer in respect of respondent No.5 – Society was appointed by respondent No.3 in terms of an order dated 30.07.2025. Therefore, the petitioners contend that there is no clear compliance of the requirement of Rule 13-D(3) of the Rules, 1960 and therefore, the impugned notification issued by the respondent No.3 proposing to hold elections on 22.08.2025 falls foul of the Rules, 1960 and therefore, the election scheduled on 22.08.2025 has to be halted. 4. Learned Senior counsel for the petitioners reiterated the above contentions and submitted that the manner of preparing voters list is prescribed under Rule 13-D(3) of the Rules, 1960 and there is no compliance of any of the provisions of the said Rules and therefore, the election scheduled on 22.08.2025 is faulty and deserves to be set at nought. 5. This Court called upon the learned Additional Government Advocate to file an affidavit regarding compliance - 9 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 of Rule 13-D(3) of the Rules, 1960. In response, the learned Additional Government Advocate has filed an affidavit of Mr. Manoj Kumar S.H., Assistant Registrar of Co-operative Societies, Mysuru sub-division, Mysuru, who is in-charge Managing Director of respondent No.5, and the same reads as follows: “AFFIDAVIT FILED BY 5TH RESPONDENT I, Manoj Kumar S H S/o. Sri Honnappa C, aged about 39 years, presently serving as Assistant Registrar of Co-operative Societies, Mysuru Sub-Division, Mysuru and Managing Director(In-charge) of Respondent 5 Society, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that, I am serving as Assistant Registrar of Co-operative Societies, Mysuru Sub-Division, Mysuru and Managing Director(In-charge) of Respondent 5 Society and I am conversant with the facts of the case. Hence, I am swearing to this affidavit. 2. I submit that the above petition is filed by the petitioners seeking a prayer to quash the election Notification dated 30.7.2025 in No. JRM/C/ELN/CR- 361/2024-25 under Rule 14 (1) issued by respondent No.3 and for a direction to respondents No.2 and 3 to conduct and hold election after compliance of rule 13D(2- A) afresh and for such other reliefs. - 10 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 3. I submit that the petitioner No1 is the Member of Mysuru and Chamarajanagar District Co- operative Central Bank Employees Credit Co-operative Society Ltd , petitioner No.2 is the Member of Janahitha Multipurpose Co-operative Society Ltd, petitioner No.3 is the Member of Mahadeshwar Multipurpose Co-operative Society Ltd. The petitioners have produced the Board Resolutions authorizing them to file this present writ petition marked as Annexure A, A1 and A2 in the petition. The said Resolution is pertaining to J.T. Koppalu Consumer Co-operative Society ltd, Sky Lark Consumer C-operative Society ltd and Bharath Consumer Co- operative Society ltd who were actually petitioners in WP 11721/25. Therefore, the petitioners have no locus-standi to challenge the action of the Society copy of the final orders of this Honorable court is herewith produced as Document 1 4. I submit that as per Section-29 G(4)(j) of the Karnataka Co-operative Societies Act, the Chief Executive Officer (CEO) is the only authority to sue and be sued on behalf of the Co-operative Society. Therefore, the primary societies, the petitioners being Members of the above Society not passed any resolution in favour of the petitioners to file this writ petition which is mandatory as observed by this Honorable court in WP 21521/2024 is herewith produced as Document 2. 5. I further submit that admittedly in para 5 of this writ petition, the petitioner's society have received 13D(2-A)(ii) Notice. Though on receipt of said notices, the - 11 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 petitioner's society have not furnished any objections to the said notices as indicated in the notice as per law. This clearly indicates that the intention of the petitioners is not to hold elections and it is their malafide intention. The petitioners are in receipt of 13-D(2-A)(ii) notice on 14.02.2025, and there is sufficient time to furnish their objections to the CEO of the Respondent No.5 - Society or objections to the Election Officer on or before 60 days as indicated in the notice. Copies of the Notices dated 05.02.2025, postal acknowledgment is herewith produced as Documents 3, 4 and 5 respectively, for the kind perusal of this Hon'ble Court. 6. I further respectfully submit that the respondent 3 authority issued notice under rule 13D(2- A)(v) to hear and dispose of the objections filed by the ineligible voters within 60 days from the date of submission of objections of such voters. Though 13D (2- A) (ii) notices are received by the petitioners society and the petitioners have not given any objections to the said notices and failed to utilize the opportunity given to them under Karnataka cooperative societies rules 1960. Therefore the petitioners now cannot take shelter from the above Rule and hence, they are not entitled for the relief. 7. I further submit petitioners rely on Writ Petition 11721/2025 that in similar circumstances the Hon'ble Court as observed in the said Writ Petition in the para 3 as "The Grievance of the petitioner is that the time period prescribed under rule 13 D of the Karnataka - 12 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 cooperative Society rules, 1960 has not expired even though the procedure prescribed under a rule 13 D has been completed. Despite the procedures being completed before the time period coming to an end, no election could be held and in this regard, reference is placed to the decision of the Honourable division bench in Mysore and Chamarajanagar District cooperative Bank Limited and others versus State of Karnataka and others". In para 4 court observed as follows "The honourable division bench of this court as category held that until the time period is completed. No election can be held if that be so the same would be equally applicable to the present case and as such the notification of election could not have been issued without the time period being completed" In orders, Honorable court in para (ii) orders as "liberty is however reserved to the respondents to issue notification relating to elections on the completion of the time period under rule 13 D of the Karnataka cooperative societies rules, 1960". (Document 1) 8. I further submit that the following Honorable court orders in Writ Petition 11721 on completion of time period prescribed under rule 13D Calendar of Events is issued under Rule 14 (1) dated 30.7.2025 and subsequently 14 (3) Notifications is also issued on 6.8.2025 and the above writ petition is concerned, all the Board of Directors to the respondent 5 society are - 13 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 unanimously elected and as per Section 14(G)(2), the results of the elections to the board of directors also declared on 16.8.2025 10. I further submit that Section 13D(3) is concerned, the Cooperative Election Authority shall take steps for (a) for publication of draft eligible electoral list, a list of defaulters, a list of members who repayment will fall due before the date fixed for publication of final electoral roll at least 45 days before the date of general elections calling for objections if any, and calling upon the defaulter's members to repay the amounts due to the cooperative society at least 15 days before the date of general election s (b) for publication of final eligible voter list on or before 15 clear days prior to the date of election Rule 13D(3)(a) clearly indicates that the Rule applies to credit nature of the Society. More over this 13-D3(a) is concerned, those who are eligible, but they are defaulters or their repayment falls due. Therefore, the Election Officer shall publish a separate defaulter list if any. Therefore, this contention cannot be accepted and also the petitioners rely on the endorsement, which was issued by the respondent No.3 pertaining to approval of final eligible and ineligible voters list. More particularly, the above endorsement is issued on 11.7.2025. As on that day, the final electoral list was not approved by the concerned authority. As per Section 13D(3)(b), the - 14 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 eligible list shall be published prior to 15 days of the Election. The respondent authority approved the list on 6.8.2025, and the same is as per Rules. Copy of the final approval list is produced herewith as Document 6. 11. I further humbly submit that the eligible list and ineligible list shall be decided on two factor. Factor No.1 is , the Members those who have not utilized the minimum business of the Society and not attending the General Boday Meeting as per Section 20(2)(A) (vi and v). Factor No.2 member is eligible, those who have attended the General Body Meeting as well as utilized the minimum service as per Section 20(2)(A)(iv & v), but they are defaulters, or their repayment falls due before election date, that list may be separately prepared by the Election Officer. The intend of Rule is very clear. Those, who are defaulters, they are given 45 days time for repayment of the above default amount as per Section 13(D)(3)(a). 12. I further humbly submit that as per calendar of event, the Board of Directors to respondent Societies have been elected. Copy of the same is produced herewith as Document 7 for the kind perusal of this Hon'ble Court. Further, this Hon'ble Court has categorically observed in Writ Petittion 11721/25 that the respondent Society followed the procedure prescribed under the Rule but only 195 days should be exhausted in the election process. - 15 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 WHEREFORE, I humbly pray that this Hon'ble Court be pleased to take this affidavit on record in the interest of justice and equity. BENGALURU: Sd/- DATED: 21.08.2025 DEPONENT ªÀåªÀ¸ÁÜ¥ÀPÀ ¤zÉÃð±ÀPÀgÀÄ (¥Àæ¨sÁgÀ) ªÉÄʸÀÆgÀÄ ªÀÄvÀÄÛ ZÁªÀÄgÁd£ÀUÀgÀ f¯Áè PÉÃAzÀæ ¸ÀºÀPÁgÀ ¸ÀUÀlÄ ªÀiÁgÁl ¸ÀAWÀ ¤., £ÀA.126, ºÉƸÀ ¸ÀAvÉÃmÉÃ¥É, §A§Æ§eÁgï, ªÉÄʸÀÆgÀÄ-570001." Along with the affidavit, the list of eligible and ineligible voters is also enclosed therewith. 6. Learned Additional Government Advocate relied upon the judgment of a coordinate Bench of this Court in B. Ganganna and Others v. State of Karnataka, Represented by its Secretary to Government and Others [2024 SCC OnLine Kar 876] and submitted that any dispute regarding compliance of Rule 13-D of the Rules, 1960 has to be adjudicated before the appropriate Authority. 7. It appears from the affidavit that under Rule 13-D of the Rules, 1960, Calendar of Events is issued under Rule 14(1) dated 30.07.2025 and subsequently, notifications under Rule 14(3) of the Rules, 1960 are also issued on 06.08.2025. - 16 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 Therefore, the grievance of the petitioners that the respondent No.3 has proceeded to hold elections without complying the provisions of Rule 13-D of the Rules, 1960 is not justified. Besides this, the learned Additional Government Advocate contended that the petitioners are not authorized by the Board of respondent No.5 to file this writ petition. However, the learned counsel for the petitioners has today placed on record a copy of the resolution dated 05.08.2025 passed by the Board of respondent No.5 authorizing the petitioners to file a writ petition. In the said resolution, it is mentioned that the members of the Board were informed telephonically of the meeting on 05.08.2025 and that the Board had authorized the petitioners to file this writ petition. This does generate suspicion about the genuineness of the resolution. Nevertheless, without going into the question whether the petitioners were duly authorized by the Board of respondent No.5 or not, as the respondent No.3 has stated that the final list of voters was duly published 15 days prior to the date of the election, the grievance of the petitioners is suitably met by the official respondents and therefore, no indulgence is warranted in this writ petition. Yet another fact that has to be - 17 - HC-KAR NC: 2025:KHC:32637 WP No. 24089 of 2025 taken into consideration is that the elections to the Managing Committee of the respondent No.5 is declared unanimously on 16.08.2025. Therefore, any grievance of the petitioners have to be worked out in the manner known to law, namely, under Section 70 of the Karnataka Co-operative Societies Act, 1959. In that view of the matter, no indulgence is warranted in this writ petition. 8. The writ petition is dismissed. All contentions of parties are left open to be agitated before the concerned Appellate Authority. Any observations made herein are for the limited purpose of disposal of this Writ petition and shall not affect the outcome of proceedings before the Authority based on the material placed before it. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 33