- 1 - HC-KAR NC: 2025:KHC:44191 WP No. 17609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 17609 OF 2025 (CS-EL/M) BETWEEN: 1. MYSORE REGIONAL INDUSTRIAL TRAINING INSTITUTE'S EMPLOYEES' HOUSE BUILDING CO OPERATIVE SOCIETY, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE BUILDING, N.R. MOHALLA, MYSORE 570 007, REPTD BY ITS CEO, REG UNDER SOCIETIES REGISTRATION ACT - 1959. 2. MAHESH S, S/O. T.H. SHANKARA NAYAKA AGED ABOUT 45 YEARS, DELEGATE /PRESIDENT OF MYSORE REGIONAL INDUSTRIAL TRAINING INSTITUTE'S EMPLOYEES' HOUSE BUILDING CO-OPERATIVE SOCIETY, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE BUILDING, N.R. MOHALLA MYSORE - 570007 …PETITIONERS (BY SRI. NATRAJ .D., ADVOCATE SRI. S.B. TOTAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC, 'A' BLOCK, K.H.ROAD, SHANTHINAGARA, B'LRE - 027 Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44191 WP No. 17609 of 2025 RPTD BY ITS COMMISSIONER. 3. DEPUTY COMMISSIONER/ELECTION OFFICER MYSORE DISTRICT, MYSORE - 570 001 4. RETURNING OFFICER, MYSORE AND CHAMARAJANAGARA DISTRICT CENTRAL, CO-OPERATIVE BANK, LTD., NEHRU CIRCLE, ASHOKA ROAD MYSORE - 570 001. 5. MYSORE AND CHAMARAJANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK, LTD., NEHRU CIRCLE, ASHOKA ROAD, MYSORE 570 001, REPRESENTED BY ITS CEO/SECRETARY …RESPONDENTS (BY SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. YOGESH D. NAIK, AGA FOR R1 & 3 SRI. K. ANANDA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 5 TO ACCEPT THE DELEGATION FORM OF PETITIONERS AND PERMIT THE 2ND PETITIONER TO CASTE HIS VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 26/06/2025 TO THE RESPONDENT NO.5 DCC BANK. AS PER ANNEXURE-B. AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:44191 WP No. 17609 of 2025 ORAL ORDER Heard Sri. Natraj D, learned counsel for Sri. S.B.Totad, learned counsel for the petitioners and learned Additional Government Advocate for respondents Nos.1 and 3, Sri. T.L.Kiran Kumar, learned counsel for respondent No.2. Perused the materials on record. 2. Petitioner No.2 being the member of petitioner No.1 - Society, has approached this Court seeking issuance of writ in the nature of mandamus to direct respondent Nos.2 to 5 to accept the delegation form of the petitioners and permit him to cast his vote in the election scheduled to be held on 26.06.2025, produced as per Annexure-B. 3. The election for the society was held on 26.06.2025. As per the interim order, petitioner No.2 was permitted to cast his vote in the election that was held on 26.06.2025, subject to the final outcome of the petition. It is ordered that petitioner No.2 shall not claim any equities in this regard. Pursuant to the interim order, petitioner No.2 has exercised his right and cast the vote. - 4 - HC-KAR NC: 2025:KHC:44191 WP No. 17609 of 2025 4. Since the petitioners are challenging Annexure-B, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of copy of this order. The Returning Officer-Respondent No.4 is directed to declare the election result without counting the vote cast by petitioner No.2. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 5