- 1 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107450 OF 2025 (CS-EL/M) BETWEEN: MANJUNATH S/O. PATREPPA GODI AGE: 34 YEARS, OCC: AGRICULTURE, R/O. NEAR BUS STAND, CHANNAL-VANTIGODI, TALUK MUDHOL, DIST: BAGALKOT-587313. …PETITIONER (BY SRI. KULKARNI DINESH MARTAND, AND SRI. PAVAN B. DODDATTI, ADVOCATES) AND: 1. STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUIDLING, 6TH FLOOR, BENGALURU-560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA, NO.1, ALI-ASKAR ROAD, BENGALURU-560052. 3. CO-OPERATIVE ELECTION AUTHORITY REPTD BY ITS SECRETARY, 3RD FLOOR, SHANTINAGAR, TTMC, 'A' BLOCK, SHANTINAGAR, BENGALURU-560027. 4. DISTRICT CO-OPERATIVE ELECTION OFFICER, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, BAGALKOT-587101. 5. RETURNING OFFICER AND CO-OPERATIVE DEVELOPMENT OFFICER Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 PRATHAMIK KRUSHI PATTINA SAHAKARI SANGHA NIYAMITA, CHANNAL, TALUK MUDHOL, DIST BAGALKOT-587313. 6. PRATHAMIK KRUSHI PATTINA SAHAKARI SANGHA NIYAMITA, CHANNAL REPTD. BY ITS CHIEF EXECUTIVE OFFICER CHANNAL, TALUK MUDHOL DIST BAGALKOT-587313. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 AND R2; SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R3 TO R5; NOTICE TO R1 AN R2 IS HELD SUFFICIENT VIDE ORER DATED 03.11.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 02.04.2024 ISSUED BY THE 6TH RESPONDENT VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OF APPROPRIATE NATURE TO MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL ELIGIBLE NON-BORROWERS VOTER LIST AND TO PERMIT THE PETITIONER TO CONTEST AND CAST THE VOTE IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT TO THE 6TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 19.10.2025 AS PER THE CALENDAR OF EVENTS DATED 29.09.2025 PUBLISHED BY THE 5TH RESPONDENT VIDE ANNEXURE-J BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. C) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 5TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 6TH RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A) Issue a writ in the nature of certiorari quashing the impugned notice dated 02.04.2024 issued by the 6th Respondent vide Annexure-D by allowing this Writ Petition, in the interest of justice and equity. B) Issue a writ of appropriate nature to mandamus directing the Respondents to include the name of the Petitioner in the final eligible non-borrowers voter list and to permit the Petitioner to contest and cast the vote in the election to the committee of management to the 6th Respondent society schedule to be held on 19.10.2025 as per the calendar of events dated 29.09.2025 published by the 5th Respondent vide annexure-J by allowing this Writ Petition in the interest of justice and equity. C) Issue a writ in the nature of mandamus directing the 5th Respondent to declare the election results of the 6th Respondent society after completion of the election process in accordance with law. 2. Owing to the submissions made by the learned counsel appearing for the petitioner, this Court on 10.10.2025, granted an interim order, which reads as follows: “1. Learned Government Advocate accepts notice for respondents No.1 and 2. 2. Learned counsel for the petitioner is permitted to serve the copy on the standing counsel for respondents No.3 to 5. 3. Issue emergent notice to respondent No.6. 4. Learned counsel for the petitioner submits that he is the elected board member of respondent No.6- - 4 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 Society and has attended minimum number board meetings as prescribed under the Rule and has also availed minimum services prescribed. 5. The documents are produced for having availed minimum services. It is noticed from Annexure-D that the Society has not indicated as to whether the petitioner has attended the meeting or not. It is also noticed that it is not indicated whether the petitioner has availed the minimum services or not. Annexure-D would indicate that he has attended and not attended minimum two meetings in the last five years and it also states that he has availed the minimum services and has not availed the minimum services. 6. Thus, this being the position, the interim order as prayed for is granted. The petitioner is permitted to file nomination and to vote in the election to be held on 19.10.2025. The result of the election shall not be announced without further orders from this court.” 3. The petition is now moved on the score that the elections have already been conducted and only the declaration of results remains. In the light of the interim order and the fact that the petitioner has voted and contested in the election, the results will be upheld till the same are declared. However, any aggrieved party shall be at liberty to raise a dispute regarding the proceedings of election or the results of election under Section 70 of the Karnataka Co-Operative Societies Act. - 5 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 4. In the light of the Judgment rendered by a Co-ordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows: “8. In the light of these rival submissions, the question for consideration is: Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners. 9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder: (3) The Election Officer shall take steps for publication of voters list in the following manner, namely:- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election. (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. The underlining is by this Court. - 6 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated 8.11.2021 1 does not meet these requirements. In fact, it is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices. 1 This Public Notice reads as follows: ¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï-16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ. ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ ¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ. vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ. - 7 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows: ‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society. 12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal. - 8 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act2. However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co-operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record. Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the 2 70. Disputes which may be referred to Registrar for decision.- (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,— (a) xxxxxxxxx (2). For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:— (a). XXXXXXXXXXX (b). XXXXXXXXXXXXX (c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society. - 9 - HC-KAR NC: 2025:KHC-D:15130 WP No. 107450 of 2025 result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.” 5. All other contentions urged in the subject petition shall remain open to be urged before the appropriate forum at the appropriate stage. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- CT:ANB List No.: 2 Sl No.: 2