- 1 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107743 OF 2025 (CS-RES) BETWEEN: MAHABALESHWAR S/O. ANANT HEGDE AGE: 61 YEARS, OCC: AGRICULTURE, R/O. YAJNIKA BUILDING, GOKUL COLONY, NEAR CAMPCO OFFICE, VIDYAGIRI, SIRSI, UTTARA KANNADA-581402 DELEGATE OF MENASI SEEMEYA GROUP GRAMAGALA SEVA SAHAKARI SANGHA NIYAMIT, MENASI, AT POST VANALLI, TQ. SIRSI UTTARA KANNADA-581336. … PETITIONER (BY SRI. MALLIKARJUNSWAMY B.HIREMATH AND MISS GAYATHRI S.R., ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING, BANGALORE-590001. 2. THE CO-OPERATIVE ELECTION AUTHORITY, R/BY ITS COMMISSIONER, TTMC BLOCK, SHANTI NAGAR, BANGALORE-590027. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI REGION BELAGAVI Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 AND ELECTION OFFICER TO ALL SECONDARY SOCIETIES AND BELAGAVI REGION JAKKERI HONDA, BELAGAVI-590001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCITIES, UTTARA KANNADA DISTRICT KARWAR-581342 5. THE RETURNING OFFICER, DCC LTD, SIRSI UTTARA KANNADA-581412 6. KANAGOD MULTIPURPOSE PRIMARY VILLAGE AGRICULTURE CO-OPERATIVE SOCIETY, YADALLI VILLAGE, YADALLI, TQ. SIRSI DIST. UTTARA KANNADA-581340. 7. THE KANARA DCC BANK LTD SIRSI UTTARA KANNADA R/BY ITS MANAGING DIRECTOR SIRSI-581402. … RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA FOR R1 TO R5; SRI. GURUDAS KHANNUR, SR. COUNSEL FOR SRI. SOURABH SONDUR ADVOCATE FOR R6; SRI. VISHWANATH HEGDE, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED LIST AS ANNEXURE- A SO FAR AS IS IT RELATES TO SERIAL NO.11, DELEGATE FORM NO.022 IN RESPECT OF RESPONDENT NO.6 AND ITS DELEGATE BE QUASHED. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “a. Issue a Writ in the nature of Certiorari quashing the impugned list as Annexure- A so far as is it relates to serial no.11, delegate Form no.022 in respect of Respondent no.6 and its delegate be quashed. b. Issue any other writ or order as this Hon’ble Court may deems fit in circumstances of the case including the cost of these proceedings, in the ends of justice.” 2. Heard the learned counsel Shri Mallikarjunswamy B.Hiremath along with Miss Gayathri S.R. appearing for the petitioner; learned AGA, Shri Ramesh Chigari appearing for respondent Nos.1 to 5; learned Senior counsel Shri Gurudas Khannur along with Shri Sourabh Sondur appearing for respondent No.6; and the learned counsel Shri Vishwanath Hegde appearing for respondent No.7. 3. The facts in brief germane are as follows: The issue revolves around the interpretation of the Co- operative Societies Act qua Section 21 insofar as it permits voting of a delegatee in an election. The sixth respondent - Society nominates a particular delegatee on 27.07.2024 for the - 4 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 first time for the purpose of voting in the ensuing elections therein. Later on 30.08.2025, it transpires that the sixth respondent - Society again nominates a delegatee for the purpose of participation in the general meeting of the Society or if need arises also to vote in the ensuing elections thereon. For the third time, on 25.10.2025, it transpires that the sixth respondent again nominates the delegatee for voting in the ensuing elections and the delegatee has now cast his vote. The petition calls in question the action of the Society in nominating the delegatee, thrice over for the conduct of elections or otherwise. 4. Learned counsel appearing for the petitioner Shri Mallikarjunswamy B.Hiremath, taking this Court through the mandate of the statute would seek to contend that the delegatee, which is now sent by the sixth respondent, whether he votes in the general meeting or in the election is of no consequence as it pertains to the affairs of the Society. He would submit that the statutory bar under subsection (2) of Section 21 and subsection (3) of Section 21 is unambiguous, which prohibits - 5 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 the voting in any election or general meeting more than two occasions. 5. Learned Senior Counsel Shri Gurudas Khannur appearing for the sixth respondent would seek to distinguish the said submission or refute the submissions in contending that the sixth respondent has now delegated for voting only for the second time in an election. On 30.08.2025, the delegatee was nominated only for the purpose of general meeting and if need arises, it was for voting in the election. He would submit that he has not cast his vote in the then election. Learned Senior Counsel would seek dismissal of the petition on the score that it is not more than twice that the delegation is done by the sixth respondent. 6. Learned counsel Shri Vishwanath Hegde appearing for the seventh respondent – Society would submit that the definition of delegatee would include the action of the delegatee be it in general meeting or in the election as the case would be. He would make his submission and leave the decision of the Court. - 6 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 7. The afore-narrated facts are not in dispute. The issue lies in a narrow compass of the interpretation of Section 21 of the Co-operative Societies Act. Section 21 reads as follows: “21. Manner of exercising vote.- [(1) Every member, [every representative,] every delegate and every nominee shall exercise his vote in person and not by proxy] [at a general meeting or an election of the members of the [board] of a cooperative society] (2) Notwithstanding anything contained in sub-section (1),— [(a) the [board] of a co-operative society which is a member of another co- operative society may appoint one of the members of the [board] to vote on its behalf in the affairs of that other society;] [Provided that where a new [board] has been elected to a cooperative society, such newly elected [board] shall send a delegate or nominee to any other cooperative society where it is a member.] [(b) where the Life Insurance Corporation of India, the State Warehousing Corporation or such other institutions approved by the State Government or a market [board] or a local authority or a firm, [or a self-help group] a company or any other body corporate constituted under any law for the time being in force is a member of a co-operative society, a person nominated by such institution, market or local authority or a firm, [or a selfhelp group] a company or any other body corporate constituted under any - 7 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 law for the time being in force, may vote on its behalf in the [general meeting or the election of the members of the [board] of the society;] [(3) A member once nominated by the board of a Co-operative Society under clause (a) of sub- section (2) to vote on its behalf in any meeting of any other Co-operative Society shall not be changed except by a resolution passed with substantial reasons in a board meeting by a two third majority of the members present and voting in such meeting. However a Cooperative Society shall not nominate or appoint any member of the board to vote on behalf of it in more than two co-operative societies.]” [Emphasis supplied] 8. Section 21 deals with manner of exercising avote. Every delegatee and every nominee shall exercise the vote in person at a general meeting or an election of the members of a Co-operative Society. Therefore, subsection (1) deals with both the general meeting or an election. Subsection (2) would begin with a not non-obstante clause directing that notwithstanding anything contained in subsection (1), the member of a Co- operative Society which is a member of another Co-operative Society may appoint one of its members to vote on its behalf “in the affairs of that other Society”. - 8 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 9. Therefore, the distinction of election is not found in subsection (2), it would include other affairs of the Society. Subsection (3) would further mandate that a member once nominated by a Board of a Co-operative Society to vote on its behalf in any meeting of any Co-operative Society shall not be permitted to be appointed to vote on its behalf in more than two Co-operative Societies. Consideration of the aforesaid mandate of the statute, the unmistakable inference would be that delegatee be it for the purpose of a general meeting which would mean the affairs of the Society or the election as mandated under subsection (1) or subsection (3) cannot be permitted to be a delegative for the purpose of voting more than two occasions. 10. If it is permitted, it would be committing violence to the statute which is unambiguous that nomination cannot be permitted to more than two Co-operative Societies for the purpose of election or for the purpose of general meeting, as the case would be. More so in the light of the fact that the definition of delegatee in the statute would clearly indicate that it would be a delegation for the purpose of election or for any general meeting. In that light, the vote that is cast by the delegatee of - 9 - HC-KAR NC: 2025:KHC-D:15836 WP No. 107743 of 2025 the sixth respondent in the elections of 25.10.2025 is a vote that is invalid. 11. Therefore, the further action shall be taken by the respondent excluding the vote cast by the delegatee of the sixth respondent, announce the results and take the issue to its logical conclusion, bearing in mind the observations made in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 51