- 1 - HC-KAR NC: 2025:KHC-D:10305 WP No. 105798 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105798 OF 2025 (CS-EL/M) BETWEEN: MAHADEV S/O. NINGAPPA TUKKAR, AGED ABOUT 62 YEARS OCC AGRICULTURE DIRECTOR OF KHADI GRAMODYOGA CO-OPERATIVE PRODUCER SOCIETY LIMITED R/O HUDALI TQ AND DIST BELAGAVI …PETITIONER (BY SRI. DESAI SUNIL SHANTAPPA,ADVOCATE) AND: 1. 2. 3. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIKAS SOUDHA BANGALORE 560001 ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETY (DIARY AND IND) BANGALORE, THE OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETY BANGALORE-560052 JOINT REGISTRAR OF CO-OPERATIVE SOCIETY BELAGAVI REGION, SAHAKARA ADALITA BHAVAN JAKKERI HONDA, BELAGAVI-590001. THE STATE COOPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, BENGALURU-560027 GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10305 WP No. 105798 of 2025 5. 6. 7. THE RETURNING OFFICER & ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY BELAGAVI DIVISION, BELAGAVI KHADI GRAMODYOGA CO-OPERATIVE PRODUCER SOCIETY LIMITED, R/O HUDALI, TQ DIST BELAGAVI-590001. THE SECRETARY KHADI GRAMODYOGA CO-OPERATIVE PRODUCER SOCIETY LIMITED, HUDALI, TQ DIST BELAGAVI-590001. SRI SIDGOUDA KALGOUDA MADAGI AGED ABOUT 57 YEARS, OCC: AGRICULTURE R/O HUDALI, TQ AND DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI., AGA FOR R1, 3,4 AND 5; SRI. BHARMAGOUDAR., ADVOCATE FOR R2; NOTICE TO R6 & R7 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTICE BEARING NO. HDL/HO/27/2025-26 DATED. 21/4/2025 VIDE ANNEXURE-H, ISSUED BY THE 6TH RESPONDENT, AS ARBITRARY AND ILLEGAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10305 WP No. 105798 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1, 3, 4 and 5. Notice to respondents No.6 and 7 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing the impugned notice bearing No. HDL/HO/27/2025-26 dated 21.04.2025 vide Annexure-H, issued by the 6th Respondent, as arbitrary and illegal, in the interest of justice and equity. b. Issue a writ of mandamus to directing the R5 and R6 to prepare fresh voters list by including the name of the petitioner in the list of eligible voters for the category C constituency of the 6th Respondent society and to permit the petitioner to participate, contest and cast his votes in the election to the 6th respondent as per the calendar of events issued by the 5th respondent vide Annexure-G dated 04.08.2025, in the interest of justice and equity. c. Pass such order or orders which this Hon’ble Court deems fit and necessary under the facts and circumstances of the case. - 4 - HC-KAR NC: 2025:KHC-D:10305 WP No. 105798 of 2025 3. The petitioner had been disqualified under Section 29-C (8c) of the Karnataka Co-operative Societies Act, 1959 (for short hereinafter referred to as “KCS Act, 1959”) challenging the same, the petitioner has filed an appeal under Section 106 of the KCS Act, 1959 which is pending consideration before respondent No.2. 4. Pending the said consideration, the petitioner is before this Court seeking to quash the disqualification notice dated 21.4.2025 at Annexure- H, whereunder the petitioner had been informed that due to his disqualification, he could not participate in the meetings of respondent No.6. The challenge has been made is to the said notice dated 21.04.2025 in the present proceedings, when in fact the challenge to the disqualification of the petitioner is pending consideration before respondent No.2 in an appeal filed under Section 106 of the KCS Act, 1959. It is - 5 - HC-KAR NC: 2025:KHC-D:10305 WP No. 105798 of 2025 for the petitioner to prosecute the said appeal filed before respondent No.2. 5. The petitioner could not have waited till the last moment to approach this Court challenging the notice dated 21.04.2025, on the ground that elections are now scheduled on 24.08.2025. 6. As such, the above petition not being maintainable, the petitioner cannot agitate his grievance in two different forums. The writ petition stands dismissed. 7. Respondent No.2-the Additional Register is directed to consider the appeal filed by the petitioner and dispose the same as expeditiously as possible. 8. Since the petitioner has been disqualified from the post of Director, he still continues to be a member of the Society and, as such, should be entitled to exercise the right of a member of the Society, including voting, if so permitted. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/ List No.: 3 Sl No.: 1