- 1 - HC-KAR NC: 2025:KHC-D:7823 WP No. 103643 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103643 OF 2025 (CS-EL/M) BETWEEN: KENCHAPPA BIMAPPA KURABAR, S/O. BIMAPPA KURABAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. ARTAGAL, TQ: SAVADATTI, DIST: BELAGAVI-591117. SL.NO.6 …PETITIONER (BY SRI. HAREESH S. NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE CHIEF EXECUTIVE OFFICER, ARTAGAL MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED-ARTAGAL, TQ: SAVADATTI, DIST: BELAGAVI-591117. 3. THE ELECTION OFFICER/RETURNING OFFICER, ARTAGAL MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED-ARTAGAL, TQ: SAVADATTI, DIST: BELAGAVI-591117. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FPR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED REJECTION LIST DATED 07/06/2025 ISSUED BY 3RD RESPONDENT BEARING NO.NIL VIDE ANNEXURE-B, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7823 WP No. 103643 of 2025 WITH RESPECT TO THE PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE CALENDAR OF EVENTS DATED 04/04/2025 ISSUED BY 3RD RESPONDENT BEARING NO.NIL VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner and the learned AGA for the respondents-State. 2. This petition is filed by the petitioner seeking to quash the impugned rejection list dated 07.06.2025 passed by the 3rd respondent vide Annexure-B and the calendar of events dated 04.04.2025 issued by the 3rd respondent vide Annexure-A. 3. The petitioner is a member of Artagal Milk Producers Co-operative Society Ltd., Artagal, taluk Saundatti, district Belagavi. Calendar of events were issued by the 3rd respondent for electing the governing council directors for 12 posts of the Society and 6 posts were reserved for general voter field, one from SC, one - 3 - HC-KAR NC: 2025:KHC-D:7823 WP No. 103643 of 2025 from ST, two from lady, one from category A and one from category B. The petitioner filed his nomination for the specified post for category A. However on scrutinizing the nomination, respondent No.3 rejected the nomination of the petitioner and other candidates on the ground that the petitioner has not supplied specified milk as indicated in Sl.No.6 of the rejection list. Learned counsel for the petitioner contends that rejection is bad in law as the petitioner has supplied milk of 136.4 litres and 110.5 litres as reflected in Sl.Nos.7 and 16 respectively. It is also contended by the learned counsel for the petitioner that the time period mentioned was from February to June 2025, whereas, as per the requirement of Annexure-A, the time period as contemplated under Clause 13 is for 180 days and supply of 200 litres of milk. He further contends that the rejection list is contrary to the requirement as per Annexure-A. 4. Learned AGA representing the respondents- State submits that the election is over and the date of - 4 - HC-KAR NC: 2025:KHC-D:7823 WP No. 103643 of 2025 election was fixed on 15.06.2025 and it was declared even prior to 08.06.2025. Therefore, the elections are now over in the Society. The question of following the process which is already over may not arise in the present situation. However it is relevant here to mention that the Society- respondent No.2 will have to adhere to the requirement as contemplated at Annexure-A moreover as specific in Clause 13 for consideration of acceptance of nomination. It is contended by the learned AGA that elections are to be conducted once again within 3 months. It is also submitted that out of 12 posts, which was available, only 6 posts are elected. There are remaining 6 posts yet to be elected. However on a bare perusal, there is some error in rejecting the nomination as the number of months considered is only 4, whereas 6 months ought to have been considered. Under the circumstances, I pass the following: ORDER i. Petition is disposed off. - 5 - HC-KAR NC: 2025:KHC-D:7823 WP No. 103643 of 2025 ii. The respondents are directed to conduct the elections for the remaining 6 posts expeditiously within a period of two (2) months from the date of receipt of copy of this order and consider the nomination in accordance to Clause 13 of Annexure-A strictly in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 22