- 1 - HC-KAR NC: 2025:KHC-D:14260 WP No. 107885 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 107885 OF 2025 (CS-EL/M) BETWEEN: RAMCHANDRA NAGA BHAGWAT VICE-PRESIDENT, DELEGATE OF SHRI SIDDIVINAYAK VIVODODDESHA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA, CHINADGULI, UPALESHWARA, TQ. YELLAPUR, UTTAR KANNADA-581359. …PETITIONER (BY SRI. GOODWALA SADIQALI NAZEER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560006. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTI NAGAR, TTMC, A BLOCK, K.H. ROAD, SHANTI NAGAR, BENGALURU-560027, BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND INSPECTION OFFICER KDCC BANK, SIRSI, DIST. UTTARA KANNADA-581401. 4. THE RETURNING OFFICER AND DEPUTY COMMISSIONER OF KDCC BANK, TQ. SIRSI, DIST. UTTARA KANNADA-581401. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.28 11:25:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14260 WP No. 107885 of 2025 5. KENERA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, SIRSI AND ELECTION OFFICER AND ASSISTANT COMMISSIONER, SIRSI, DIST. UTTARA KANNADA-581401. 6. THE MANAGING DIRECTOR KDCC BANK LTD, DIST. UTTARA KANNADA-581129. 7. SHRI SIDDIVINAYAK VIVODDEDSHA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA, CHINADGULI, UPALESHWARA, TQ. YALLAPUR, UTTARA KANNADA-581359. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 23.10.2025 IN NO. KDCC/CHUNAVANE/VIVA/2025-26 ISSUED BY RESPONDENT NO. 5 VIDE ANNEXURE-B. B) 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. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14260 WP No. 107885 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the petitioner submits that the delegation of respondent No.6 in WP No.107510/2025 was struck down on the ground that he had participated in two elections earlier. Thereafter, the petitioner was issued with the delegate form for voting to be held today until 04.00 p.m. to the Board of the respondent No.6/KDCC Bank, Uttarakannada. In an earlier petition, this Court has noticed that the disqualification to participate in the election on the basis of the disclosures in delegate forms was known to the Primary Society and still it had given such delegate form and as such the disqualification would before Society also. 2. It is pertinent to note that, by the time this petition was heard, it is 04:02 p.m. and the time for election is over. Secondly the Bar contained in Section 21(3) of the Karnataka Co-Operative Societies Act, 1959 - 4 - HC-KAR NC: 2025:KHC-D:14260 WP No. 107885 of 2025 only disables the delegate or it would disable the Primary Society itself is a matter to be considered. In another petition which was disposed of by this Court, there was a specific order, where the disqualification was not brought to the notice of the Election Officer, when the nomination for member of the Board was filed. Therefore, the judgment of this Court in W.P. No.107793/2025 may not be applicable mutatis mutandis. 3. However the time for voting having been over, no purpose would be served even if the contentions are considered, and as such this petition has become infructuous. Therefore, the same is disposed of as infructuous. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 4 SL NO.: 3