- 1 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 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. 107760 OF 2025 (CS-EL/M) BETWEEN: 1. VIVEDODESHAGALA PRATHAMIKA GRAMEENA KRISHI SAHAKARA SANGHA NIYAMITA, GOTEGALI-BALIN, KARWAR, BY ITS CHIEF EXECUTIVE OFFICER, SANJEEV VENKATRAY GOVEKAR. 2. PRAKASH S/O. BABUL TAMSE, AGE: 56 YEARS, OCC. PRESIDENT AND DELEGATE OF 1ST PETITIONER SOCIETY, R/O: VAIRE VILLAGE. TQ AND DIST: UTTARA KANNADA – 581 354. …PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE – 560 006. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, K.H.ROAD, SHANTI NAGAR, BENGALRUU – 560 027, BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, AND INSPECTION OFFICER KDCC BANK, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 of 2025 SIRSI, DIST: UTTARA KANNADA – 581 401. 4. THE RETURNING OFFICER, AND DEPUTY COMMISSIONER, OF KDCC BANK, TQ. SIRSI, DIST. UTTARA KANNADA – 581 401. 5. THE MANAGING DIRECTOR KDCC BANK LTD., DIST. UTTARA KANNADA – 581 129. 6. SHRI. KAMALAKANT S/O. NAGESH NAIK, AGE: 76 YEARS, OCC: DIRECTOR THE MULTIPURPOSE PRIMARY RURAL KRUSHI PATTINA SAHAKARI SANG R/O: GOTEGALI, TQ: KARWAR, DIST: UTTARA KANNADA. 7. DEVADAS S/O. LAXMAN LOLEKAR, AGE: 61 YEARS, OCC: DIRECTOR THE MULTIPURPOSE PRIMARY RURAL KRUSHI PATTINA SAHAKARI SANG R/O: GOTEGALI, TQ: KARWAR, DIST: UTTARA KANNADA. 8. SHRI ANIL S/O. NARAYAN BHAVANKAR AGE: 61 YEARS, OCC: DIRECTOR THE MULTIPURPOSE PRIMARY RURAL KRUSHI PATTINA SAHAKARI SANGA GOTAGALI R/O: MARATHWAD BHAIRE, TQ: KARWAR. …RESPONDENTS (BY SMT. NANDINI SOMPAUR, AGA FOR R1, R3 & R4; SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2; SRI. VISHWANATH HEGDE, ADVOCATE FOR R5; SRI. VENKATESH M. KHARVI, ADVOCATE FOR R6, R7 & R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED NIL ISSUED BY RESPONDENT NO. 3 TO 5 VIDE ANNEXURE-B INSOFAR PETITIONER NO. 1 SOCIETY AT SL.NO. 2 MEMBERSHIP NO. 513 AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following reliefs: A. A writ in the nature of Certiorari quashing the impugned endorsement dated nil issued by Respondent no. 3 to 5 vide Annexure-B insofar Petitioner No. 1 Society at Sl.No. 2 Membership No. 513. B. Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, sin the interest of justice and equity. 2. Heard the learned counsel Sri. Sadiq N. Goodwala 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. Venkatesh M. Kharvi for respondent No.6, 7 and 8. 3. The learned counsel Sri. Venkatesh M. Kharvi would vehemently contend that the issue is with regard to there being no resolution in terms of Section 21 of the Karnataka Co- operative Societies Act and would submit that this issue is not - 4 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 of 2025 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 counsel 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. 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. - 5 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 of 2025 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 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 1 W.P.No.8502/2022 dated 7.6.2022 - 6 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 of 2025 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. 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 - 7 - HC-KAR NC: 2025:KHC-D:15164 WP No. 107760 of 2025 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-ASC List No.: 1 Sl No.: 33