- 1 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107624 OF 2025 (CS-EL/M) BETWEEN: SHRI. RAMAKANT S/O MUKUND SAVANT AGE. 61 YEARS, OCC. DIRECTOR OF SHRI NARAYAN MAHADEV PRATHAMIKA KRASHI PATTINA SAAHAKARI SEVA SANGHA LTD., VAILWADA, KARWAR, R/O. HOUSE NO.7, VAILWADA,KHARGHA, TQ. KARWAR, DIST. UTTAR KANNADA 581354 …PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF CO OPERATION, M S BUILDING, BANGALORE 560006 2. THE STATE CO OPERATIVE ELECTION ATUHORITY 3RD FLORE SHANTI NAGAR, TTMC,A BLOCK, K. H. ROAD, SHANTI NAGAR,BENGALURU 560027, R/BY ITS COMMISSISONER. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES AND INSPECTION OFFICER, KDCC BANK, SIRSI, UTTAR KANNADA-581354 4. THE RETURNING OFFICER AND DEPUTY COMMISSIONER UTTARA KANNADA OF KDCC BANK, SIRSI, TQ. SIRSI, DIST. UTTAR KANNADA-581354 Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 5. THE MANAGING DIRECTOR KDCC BANK LTD., SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA-581354 …RESPONDENTS (BY SMT. NANDINI SOMAPUR, AGA FOR R1 TO R4; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R5; SRI. SADIQ N. GOODWALA, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN FAVOUR OF PETITIONER BY QUASHING THE DISQUALIFIED CONSOLIDATED LIST (DRAFT LIST) PREPARED BY THE RESPONDENT NO. 3 TO 5 OF THE RESPONDENT NO. 5 SOCIETY AND ELECTION TO BE HELD ON 25/10/2025 VIDE ANNEXURE-K IN THE INTEREST OF JUSTICE AND EQUITY. B) THE HON BLE COURT BE KINDLY DIRECT THE RESPONDENTS TO IMPLEAD THE PETITIONER NAME IN THE VOTER LIST AND ALLOW HIM TO PARTICIPATE IN THE ELECTION PROCESS OF THE RESPONDENT NO.5 WHICH IS TO BE HELD ON 25/10/2025 BY WAY OF MANDAMUS. C) ANY OTHER WRIT DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE BE AWARDED. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following reliefs: A) Issue a Writ of Certiorari or any other writ or order in favour of petitioner by quashing the disqualified consolidated list (draft list) prepared by the respondent No.3 to 5 of the respondent No.5 society and election to be held on 25/10/2025 vide Annexure-K in the interest of justice and equity. B) The Hon’ble court be kindly direct the respondents to implead the petitioner name in the voter list and allow him to participate in the election process of the respondent No.5 which is to be held on 25/10/2025 by way of mandamus. C) Any other writ deemed fit in the circumstances of the case be awarded.” 2. Heard the learned counsel Sri. Venkatesh M. Kharvi appearing for the petitioner, learned AGA Smt. Nandini Somapur for respondent Nos.1, 3 and 4, learned counsels Sri. G.V. Bharmagoudar for respondent No.2, Sri. A.P. Hegde for respondent No.5 and Sri. Sadiq N. Goodwala for respondent No.6. 3. The learned counsel appearing for the petitioner Sri. Venkatesh M. Kharvi would vehemently contend that the issue is with regard to there being no resolution in terms of Section 21 of - 4 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 the Karnataka Co-operative Societies Act and would submit that this issue is not covered and this Court has to answer notwithstanding the fact that elections are over and the remedy lies before the ARCS. 4. The learned counsel Sri. Sadiq N. Goodwala would submit that there is a resolution and the respondent has signed it. This would come within the realm of disputed questions of fact. 5. In that light, the submission of the respondent is unacceptable, as the issue stands answered by the order rendered by the Co-ordinate Bench quoted supra, following which, I deem it appropriate to follow and dispose these petitions, as is directed by the Co-ordinate Bench in W.P. No.108033/2024 c/w W.P. No.108009/2024. The same reads as under: 1. The petitioners are before this Court seeking for the following reliefs: In W.P.No.108033/2024 A) Issue a Writ of Certiorari quashing the Loanee final ineligible voters list issued by Respondent No.4 marked at Annexure B in so far as petitioners no. 1 to 439 are concerned in the election to the board of 6th respondent society for the term 2024 to 2029. - 5 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 b) Issue a writ of Certiorari quashing the non Loanee final ineligible voters list issued by Respondent No.4 marked at Annexure C in so far as Petitioners No. 440 to 469 are concerned in the election to the board of 6th respondent Society for the term 2024 to 2029. c) Issue a writ of mandamus directing the respondents to conduct the elections to the 6th respondent society for the term 2024-2029 scheduled to be held on 5-1-2025, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A dated 4-12-2024 issued by respondent no.5. d) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. In W.P.No.108009/2024 a) Issue a Writ of Certiorari quashing the final ineligible voters list issued by respondent no.5 marked at Annexure B in so far as petitioners are concerned in the election to the board of 6th respondent society for the term 2025 to 2030. b) Issue a writ of mandamus directing the respondents to conduct the elections to the 6 respondent society for the term 2025-2030 scheduled to be held on 05.01.2025, permitting the petitioners to cast their vote and participate in the election process in terms of Annexure A. c) Pass such other orders as this Hon'ble court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 2. This Court by way of various interim orders had permitted the petitioners, who were declared to be ineligible voters, to cast their vote in the elections of the Society, subject to the result of the writ petition and that the votes cast by the petitioners shall be kept in separate ballot boxes. 3. A Coordinate Bench of this Court in the case of H.S.Raju vs. State of Karnataka & others1 has after considering the matter in detail had come to a 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 categorical conclusion that any irregularity in the conduct of election, a petition under Article 226 of the Constitution of India would not be the proper remedy and any dispute as regards the eligibility or ineligibility and the deficiencies in finalization of final electoral list, could only be considered in a dispute raised as regards the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, after the announcement of the results by counting even the votes cast by the petitioners. 4. The said judgment not having been challenged and having attained finality, the fact being more or less similar would equally apply to the present matters. 5. In that view of the matter, I pass the following: ORDER i) The Writ Petitions are disposed of. ii) The Returning Officer in the above matters is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the vote cast by the petitioners in the above matters. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70 (2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues.” 6. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), I deem it appropriate to pass the following: ORDER i) The Writ Petition is disposed of. - 7 - HC-KAR NC: 2025:KHC-D:16905 WP No. 107624 of 2025 ii) The Returning Officer in the above matter is directed to announce the result within seven days of the receipt of a copy of this order by taking into account the vote cast by the petitioner in the above matter. iii) In the event of any proceeding being filed in relation to the results of the election under Section 70(2) of the Karnataka Co-operative Societies Act, 1959, all the contentions raised herein and any that may be raised are left open for consideration in accordance with the applicable law, this Court has not expressed any opinion on those issues. Sd/- (M.NAGAPRASANNA) JUDGE Rsh CT:ANB List No.: 1 Sl No.: 2