- 1 - HC-KAR NC: 2025:KHC:43963 WP No. 31955 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. 31955 OF 2025 (CS-EL/M) BETWEEN: KONASALLE MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, KONASALLEMADDUR TALUK, MANDYA DISTRIT - 571401 (REPRESENTED BY ITS DELEGATES / DIRECTORS), THE PETITIONERS SOCIETY ARE REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 …PETITIONER (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE STATE ELECTION AUTHORITY 3RD FLOOR, T T M C A BLOCK, SHANTHINAGAR, BENGALURU - 560027 REPRESENTED BY ITS SECRETARY 3. THE DEPUTY COMMISSIONER / DISTRICT ELECTION OFFICER MANDYA DISTRICT MANDYA DISTRICT - 571401 THE RETURNING OFFICER Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43963 WP No. 31955 of 2025 4. KONASALLE MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, KONASALLEMADDUR TALUK, MANDYA DISTRICT - 571401 5. MANDYA DISTRICT CENTRAL CO OPERATIVE BANK LIMITED CENTRAL OFFICE MANDYA DISTRICT - 571401 REP BY ITS CHIEF EXECUTIVE OFFICER (IS REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 ) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & 3 SRI. A. DEVARAJ, ADVOCATE FOR R2) 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 3 AND RESPONDENT NO 5 BANK TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST WHICH IS AND PERMIT THE PETITIONER TO CAST THEIR VOTES IN THE ELECTION SCHEDULED TO BE HELD ON 2/11/2025 IN THE INTEREST OF JUSTICE AND EQUITY. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:43963 WP No. 31955 of 2025 ORAL ORDER Heard learned counsel for the petitioner and learned Additional Government Advocate for respondents No.1 and 3. 2. The petitioner is seeking issuance of writ in the nature of Mandamus, directing respondents No.3 and 5 to include its name in the eligible voters' list and permit the petitioner to contest and cast vote in the election that was scheduled to be held on 02.11.2025, in the interest of justice and equity. 3. Learned Additional Government Advocate submits that, as per the interim order dated 25.10.2025, the petitioner was permitted to cast vote in the election that was held on 02.11.2025 subject to final outcome of the petition. It is also ordered that the petitioner shall not claim any equities in this regard. The petitioner has not raised dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority and therefore, he prays for passing appropriate orders. 4. Learned counsel for the petitioner submits that he has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter. - 4 - HC-KAR NC: 2025:KHC:43963 WP No. 31955 of 2025 5. Now the purpose of the petitioner is served and it was permitted to cast vote in the election that was held on 02.11.2025. The petitioner will have the alternative remedy to raise dispute under Section 70 of 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. 6. Hence, the petition is disposed off, reserving liberty to the petitioner to approach the appropriate authority, raising dispute under Section 70, within ten days from the date of receipt of copy of the order. In the meantime, the Returning Officer-respondent No.4 is directed to announce the result of the election without counting the vote already cast by the petitioners. Sd/- (M G UMA) JUDGE MKM CT:VS