- 1 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106774 OF 2025 (CS-EL/M) BETWEEN: TIMMAYYA GANGADHAR HEGDE, A/A 43 YEARS, CHARTERED ACCOUNTANT AND AGRICULTURIST, R/O: ULLAL BISALKOPPA, TAL: SIRSI, U. K. DISTRICT. … PETITIONER (BY SRI. ARUNACHAL P HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, 6TH FLOOR , BANGALORE -01. 2. DISTRICT ELECTION OFFICER AND DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT KARWAR – 580 401 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BELAGAVI REGION BELAGAVI – 590 001 4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UTTARA KANNADA DISTRICT KARWAR U K DISTRICT - 580 401 R Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 5. KANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD SIRSI UTTARA KANNADA – 580 401 REP BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R4; SRI VISHWANATH HEGDE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED UNDATED ENDORSEMENT MADE IN SERIAL NO.8 OF THE PROVISIONAL LIST OF REJECTED DELEGATION LIST AMOUNGST ELIGIBLE VOTERS OF RESPONDENT NO.5 BANK ISSUED BY RESPONDENTS 3 TO 5 (ANNEXURE-C) AND ETC. THIS WRIT 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 respondents No.1 to 4. Sri.Vishwanath Hegde, learned counsel accepts notice for respondent No.5. 2. The petitioner is before this Court seeking for the following reliefs: a. Quashing the impugned undated endorsement made in Serial No.8 of the Provisional List of Rejected Delegation List amongst Eligible Voters of Respondent No.5 bank issued by Respondents 3 to 5 (Annexure-C); b. Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case - 3 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 including the award costs in the interest of justice and equity. 3. 3. The short grievance of the petitioner is that the petitioner though having been delegated by the Central Cooperative Wholesale Stores Limited vide resolution dated 18.08.2025 to be a delegate at the election of the respondent No.5-Bank scheduled to be held on 25.10.2025, the said resolution has not been acted upon by respondent No.2 in a positive manner inasmuch as a delegation has been rejected on the ground that as on the date of passing of the resolution dated 18.08.2025, the delegate has not completed one year of membership in terms of Section 20(2)(a- iii) of the Karnataka Cooperative Societies Act, 1959. 4. The submission of Sri.A.P.Hegde, learned counsel for the petitioner, is that the elections to respondent No.5 are proposed to be held on 25.10.2025; it is the date of the election which is required to be taken into consideration for the purpose of calculating the time to - 4 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 exercise the franchise of the delegate. Though the petitioner became a member of the Central Cooperative Wholesale Stores Limited on 28.08.2024, he has completed 12 months of membership on 27.08.2025, that is much before the date of the election, which is scheduled on 25.10.2025. 5. His submission is that the resolution passed by society has to be given due effect to by taking account the date of election and as such, he submits that the rejection of delegation is improper. 6. Having perused the documents, it is clear that it is undisputed that the petitioner became a member of Central Cooperative Wholesale Stores Limited on 28.08.2024, the election to respondent No.5- secondary society is scheduled on 25.10.2025, the primary society, viz., the Central Cooperative Wholesale Stores Limited has nominated the petitioner as its delegate the said election on 25.10.2025, the petitioner, in my considered opinion, would have - 5 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 completed 12 months as on the date on which the election is to be held. Section 20(2)(a-iii) is reproduced hereunder for easy reference: 20. Votes of Members: (1) xxx (2) The following shall not have the right to vote at general meeting or in the election of the members of the board of the cooperative society in which they are members, namely:- (a) xxx (a-i) xxx (a-ii) xxx (a-iii) a person who become member of a society not later than twelve months prior to the date of such meeting or election; Provided that nothing in this clause shall apply to member of a society participating in the first general body meeting of such society held immediately after its registration. 7. A perusal of Section 20(2)(a-iii) indicates that a person who has become a member of society not later than 12 months prior to date of such meeting or election would not be entitled to vote. Thus, what has been mentioned in 20(2)(a-iii) is the date of such meeting or election for the purpose of consideration of 12 months. - 6 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 8. In the present case, the election is proposed to be held on 25.10.2025, the delegation though has been made prior to 12 months in terms of 20(2)(a-iii) as on the date of the election, petitioner would have been a member of Central Cooperative Wholesale Stores Limited for a period 12 months. This aspect has not been taken into consideration by respondent No.2 in a proper perspective. The respondent No.2 has considered the date of receipt of delegation rather than the date of meeting/election, which is not in terms of 20(2)(a-iii). Hence, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the endorsement made by respondent No.2 at Sl.No.8 of the provisional list of rejected delegation list at Annexure-C is quashed. iii. Respondent No.2 is directed to include the name of the petitioner as a delegate of the - 7 - HC-KAR NC: 2025:KHC-D:12062 WP No. 106774 of 2025 Central Cooperative Wholesale Stores Limited in the eligible voters list in the elections to respondent No.5-secondary society to be held on 25.10.2025 and issue a fresh list of eligible list of delegates. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 25