- 1 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107076 OF 2025 (CS-RES) BETWEEN: 1. SHRI KALAGOUDA S/O. BASANGOUDA PATIL, AGE: 45 YEARS, OCC. BUSINESS / DIRECTOR, R/O. YALLAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591309. 2. SHRI LAVA S/O. RAMESH KATTI, AGE: 40 YEARS, OCC. BUSINESS / DIRECTOR, R/O. BELLAD BAGEWADI VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591309. 3. SHRI KENCHAPPA S/O. KENCHAPPA BENCHINMARADI, AGE: 71 YEARS, OCC. AGRICULTURE / DIRECTOR, R/O. VIVEKANAND NAGAR, HUKKERI, TQ. HUKKERI, DIST. BELAGAVI-591309. 4. SMT. SHIVALEELA W/O. LAGAMANNA MANAGUTTI, AGE: 51 YEARS, OCC. HOUSEWIFE / DIRECTOR R/O. SULTANPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591309. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 5. SMT. SANGEETA W/O. SHIVARAYI DAPPADULI, AGE: 45 YEARS, OCC. HOUSEWIFE / DIRECTOR, R/O. SHIRAHATTI VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-591309. …PETITIONERS (BY SRIYUTHS. PRABHULING K. NAVADGI, SR. COUNSEL FOR PRASHANT F GOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY SECRETARY. DEPARTMENT OF CO-OPERATIVE. BENGALURU-560001. 2. THE KARNATAKA COOPERATIVE ELECTION COMMISSION. R/BY. ITS COMMISSIONER. 3RD FLOOR, T.T.M.C. BUILDING, A BLOCK, SHANTI NAGAR, BENGALURU-27. 3. THE RETURNING OFFICER THE HUKKERI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., HUKKERI, SANKESHWAR ROAD, HUKKERI-591309. 4. THE HUKKERI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., HUKKERI, SANKESHWAR ROAD, HUKKERI-591309, R/BY ITS. MANAGING DIRECTOR. …RESPONDENTS (BY SRIYUTHS. GANGADHAR J.M, AAG AND RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARAMAGOUDAR, ADVOCATE FOR R2; MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R4) - 3 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ORDER OF THE APPROPRIATE NATURE TO DECLARING THAT THE AADHAR CARD, MNREGA JOB CARD, PASSBOOKS WITH PHOTOGRAPHS ISSUED BY BANKS/POST OFFICE, HEALTH INSURANCE SMART CARD ISSUED BY MINISTRY OF LABOUR, DRIVING LICENSE, PAN CARD, PASSPORT, PENSION DOCUMENT WITH PHOTOGRAPH OR ANY OTHER DOCUMENT PERMITTED BY THE HON BLE COURT ARE VALID DOCUMENTS OF IDENTITY IN VIEW OF THE ORDER DATED 16.08.2024 PASSED BY THE ELECTION COMMISSION OF INDIA (PRODUCED VIDE ANNEXURE-C) SO AS PERMIT THE VOTERS OF THE NO.4/SOCIETY TO CAST THEIR VOTE IN THE ELECTIONS TO BOARD OF MANAGEMENT OF RESPONDENT NO.4/SOCIETY SCHEDULED TO BE HELD ON 28.09.2025. B. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR OF THE APPROPRIATE NATURE DIRECTING THE RESPONDENT NO.2 TO PERMIT THE VOTERS OF THE RESPONDENT NO.4/SOCIETY TO PRODUCE AADHAR CARD, MNREGA JOB CARD, PASSBOOKS WITH PHOTOGRAPHS ISSUED BY BANKS/POST OFFICE, HEALTH INSURANCE SMART CARD ISSUED BY MINISTRY OF LABOUR, DRIVING LICENSE, PAN CARD, PASSPORT, PENSION DOCUMENT WITH PHOTOGRAPH OR ANY OTHER DOCUMENT PERMITTED BY THE HON BLE COURT AS ALTERNATE IDENTITY DOCUMENTS (AS REQUESTED IN REPRESENTATION DATED 25.08.2025 PRODUCED VIDE ANNEXURE-B) AND ENABLE THEM TO CAST THEIR VOTE IN THE ELECTIONS TO BOARD OF MANAGEMENT OF RESPONDENT NO.4/SOCIETY SCHEDULED TO BE HELD ON 28.09.2025. C. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR OF THE APPROPRIATE NATURE DIRECTING THE RESPONDENT NO.3 TO PERMIT THE VOTERS OF THE RESPONDENT NO.4/SOCIETY TO PRODUCE AADHAR CARD, MNREGA JOB CARD, PASSBOOKS WITH PHOTOGRAPHS ISSUED BY BANKS/POST OFFICE, HEALTH INSURANCE SMART CARD ISSUED BY MINISTRY OF LABOUR, DRIVING LICENSE, PAN CARD, PASSPORT, PENSION DOCUMENT WITH PHOTOGRAPH OR ANY OTHER DOCUMENT PERMITTED BY THE HON'BLE COURT AS ALTERNATE IDENTITY DOCUMENTS (AS REQUESTED IN REPRESENTATION DATED 17.09.2025 PRODUCED VIDE - 4 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 ANNEXURE-D) AND ENABLE THEM TO CAST THEIR VOTE IN THE ELECTIONS TO BOARD OF MANAGEMENT OF RESPONDENT NO.4/SOCIETY SCHEDULED TO BE HELD ON 28.09.2025 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 SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos. 1 and 3. Sri G.V. Bharamagoudar, learned counsel, accepts notice for respondent No. 2. Sri Mallikarjunswamy B. Hiremath, learned counsel, accepts notice for respondent No. 4. 2. Petitioners are before this Court seeking the following reliefs: a. Issue a Writ of Mandamus or Order of the appropriate nature to declaring that the Aadhar Card, MNREGA job card, Passbooks with Photographs issued by Banks/Post Office, Health Insurance Smart Card issued by ministry of Labour, Driving License, Pan Card, Passport, Pension Document with Photograph or any other document permitted by the Hon’ble Court are valid documents of Identity in view of the order dated 16.08.2024 passed by the Election Commission of India (produced vide Annexure- - 5 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 C) so as permit the voters of the no.4/society to cast their vote in the Elections to Board of Management of Respondent No.4/society scheduled to be held on 28.09.2025. b. Issue a Writ or Order or direction in the nature of Mandamus or of the appropriate nature directing the Respondent No.2 to permit the voters of the Respondent No.4/Society to produce Aadhar Card, MNREGA Job Card, Passbooks with Photographs issued by Banks/Post Office, Health Insurance Smart Card issued by ministry of Labour, Driving License, Pan Card, Passport, Pension Document with Photograph or any other document permitted by the Hon’ble Court as alternate identity documents (as requested in representation dated 25.08.2025 produced vide Annexure-B) and enable them to cast their vote in the elections to board of management of Respondent No.4/Society scheduled to be held on 28.09.2025. c. Issue a Writ or Order or direction in the nature of mandamus or of the appropriate nature directing the Respondent No.3 to permit the voters of the Respondent No.4/society to produce Aadhar Card, MNREGA Job Card, Passbooks with Photographs issued by Banks/Post Office, Health Insurance Smart Card issued by Ministry of Labour, Driving License, Pan Card, Passport, Pension Document with Photograph or any other document permitted by the Hon'ble Court as alternate identity documents (as requested in representation dated 17.09.2025 produced vide Annexure-D) and enable them to cast their vote in the elections to board of Management of Respondent No.4/Society scheduled to be held on 28.09.2025. - 6 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 d. Grant such other reliefs deemed fit in the circumstances of the case and in the interest of justice and equity. 3. The only grievance of the petitioners is that respondent No. 4 is insisting only on the Electoral Voter ID card as proof of identity. Many of the petitioners would not be in a position to furnish the same, and/or the address therein may be different, and as such, they have expressed apprehension that they may not be permitted to vote in the election of respondent No. 4 society to be held on 28.09.2025, if the Electoral Voter ID card is not produced. 4. The submission of the learned Additional Advocate General is that the identity proof which would be considered for identification, at the time of voting, would not be restricted only to the Electoral Voter ID card issued by the Election Commission, but also other identity documents in terms of the order of the Hon'ble Apex Court in W.P. (Civil) No. 640/2025 Association for Democratic Reforms & Ors. vs - 7 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 Election Commission of India namely, Voter ID Card (EPIC), Passport , Driving License, Service Identity Cards with photograph issued to employees by Central/State Govt./PSUs/Public Limited Companies, Passbooks with photograph issued by Bank/Post Office, PAN Card, Smart Card issued under the scheme of Ministry of Labour, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph Official Identity Cards issued to MPs/MLAs/MLCs, and Aadhar Card. 5. The learned counsel for the petitioner submitted that the said submission answers the grievance of the petitioner. Hence, I pass the following: ORDER i. Petition is allowed. ii. Respondents are directed to consider the identity documents as enumerated by the Hon'ble Apex - 8 - HC-KAR NC: 2025:KHC-D:13212 WP No. 107076 of 2025 Court in W.P. (Civil) No. 640/2025 Association for Democratic Reforms & Ors. vs Election Commission of India as identity proof at the time of the members of respondent No. 4 appearing for voting in the elections to be held on 28.09.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 0