- 1 - HC-KAR NC: 2025:KHC:44190 WP No. 17736 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. 17736 OF 2025 (CS-EL/M) BETWEEN: 1. JANAKI M S W/O SHRIKANTAMURTHY AGED ABOUT 61 YEARS DELEGATE OF SAMATHA WOMEN'S MULTIPURPOSE CO-OPERATIVE SOCIETY LTD, GANDHI NAGAR, MYSURU-570007 2. G S GOVINDARAJU S/O LATE GIRIGOWDA @ SANNEGOWDA AGED ABOUT 66 YEARS DELEGATE OF NANJANAGUDU TALUK MERCHANT CO-OPERATIVE SOCIETY LTD. BEHIND MURUGAN CYCLE MART, 1ST FLOOR, N.R AGRAHAR, BAZAR ROAD, NANJANAGUDU, MYSURU - 571 301 3. SUBRAMANYA Y K S/O KRISHNAIAH M AGED ABOUT 35 YEARS DELEGATE OF HUNSURU PIRIYAPATTANTA TALUK GIRRIJANA DODDAPRAMANADA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. HUNASURU MYSURU - 571 105 4. H B BHARATH KUMAR S/O BOREGOWDA AGED ABOUT 42 YEARS DELEGATE OF MYSURU DISTRICT CO-OPERATIVE DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44190 WP No. 17736 of 2025 LTD, MYSURU - 570 001 (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI. SANDESH .T.B., 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 STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 3. DISTRICT ELECTION OFFICER AND DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU 571 105 4. THE ELECTION OFFICER AND ASSISTANT COMMISSIONER, MYSURU DIVISION, MYSURU - 571 105 5. MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU - 571105. REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD MYSURU-571105. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, R3, 4 & 6 SRI. K. ANANDA, ADVOCATE FOR R5 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:44190 WP No. 17736 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 26.06.2025 IN THE INTEREST OF JUSTICE AND EQUITY. 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 ORAL ORDER Heard Sri. Sandesh T.B., learned counsel for the petitioners, learned Additional Government Advocate for respondents No.1, 3, 4 and 6, Sri. T.L.Kiran Kumar, learned counsel for respondent No.2 and Sri.K.Ananda, learned counsel for respondent No.5. Perused the materials on record. 2. The petitioners - Delegates of Cooperative Societies, who are members of respondent No.5-Federal Cooperative Bank, have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 6 to include their names in the eligible voters list and permit the - 4 - HC-KAR NC: 2025:KHC:44190 WP No. 17736 of 2025 petitioners to vote in the elections of respondent No.5, produced as per Annexure-B. 3. The election for the society was held on 26.06.2025. As per the interim order, petitioners were permitted to cast their votes in the election that was held on 26.06.2025, subject to the final outcome of the petition. It is ordered that petitioners shall not claim any equities in this regard. Pursuant to the interim order, the petitioners have exercised their right and have cast their votes. 4. Since the petitioners are seeking to include their names in the eligible voters list produced as per 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. - 5 - HC-KAR NC: 2025:KHC:44190 WP No. 17736 of 2025 The Returning Officer-Respondent No.6 is directed to declare the election result without counting the votes cast by petitioners. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 6