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2025 DAILYLAW 70101 (KAR)

GADADANAYAKANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/31864/2025 · 2025-11-03

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 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. 31864 OF 2025 (CS-EL/M) BETWEEN: 1. GADADANAYAKANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD, GADADANAYAKANAHALLI VILLAGE, VIJAYAPURA HOBLI, MANDIBELE POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135. REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.163/1) 2. DANDIGANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., DANDIGANAHALLI VILLAGE, VIJAYAPURA HOBLI, HAROHALLI POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.46/1). 3. GUDUVANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., GUDUVANAHALLI VILLAGE, VIJAYAPURA HOBLI, YALIYUR POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.63/1) 4. KANNAMANGALA MILK PRODUCERS COOPERATIVE SOCIETY LTD., KANNAMANGALA VILLAGE AND POST, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.78/1) 5. KOODAGURKI MILK PRODUCERS COOPERATIVE SOCIETY LTD., KOODAGURKI VILLAGE, KUNDANA HOBLI, BIDALURU POST, DEVANAHALLI TALUK, BANGALORE RURAL Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 of 2025 DISTRICT-562164, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.145/1) 6. SAVAKANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., SAVAKANAHALLI VILLAGE, KASABA HOBLI, BIDALURU POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562164, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.159/1) 7. MARAGONDANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., MARAGONDANAHALLI VILLAGE, KUNDANA HOBLI, ARADESHANAHALLI POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT- 562110, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.176/1) 8. MALIGENAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., MALIGENAHALLI VILLAGE, KASABA HOBLI, BIDALURU POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562164, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.2/1) 9. BEEDIGANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., BEEDIGANAHALLI VILLAGE, CHANNARAYAPATTANA HOBLI AND POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.22/1) 10. BETTENAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., BETTENAHALLI VILLAGE, KUNDANA HOBLI, ARADESHANAHALLI POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.24/1) 11. CHIKKAMARALI MILK PRODUCERS COOPERATIVE SOCIETY LTD., CHIKKAMARALI VILLAGE, VIJAYAPURA HOBLI, DODDAMARALI - 3 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 of 2025 POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562103, REPTD. BY DELEGATE - SRI. N. MAREGOWDA, S/O. LATE CHIKKANARAYANAPPA, AGED ABOUT 54 YEARS, (MEMBERSHIP NO.39/1) 12. DINNURU WOMEN MILK PRODUCERS COOPERATIVE SOCIETY LTD., DINNURU VILLAGE, CHANNARAYAPATTANA HOBLI AND POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.49/1) 13. DODDAKURUBARAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., DODDAKURUBARAHALLI VILLAGE, CHANNARAYAPATTANA HOBLI, IBASAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.51/1) 14. GONURU MILK PRODUCERS COOPERATIVE SOCIETY LTD., GONURU VILLAGE, VIJAYAPURA HOBLI, NARAYANAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135, REPTD. BY ITS DELEGATE - SRI. MURALIDHARA G.M., S/O. G.P. MUNISHAMAPPA, AGED ABOUT 40 YEARS, (MEMBERSHIP NO.61/1) 15. HOLERAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., HOLERAHALLI VILLAGE, VIJAYAPURA HOBLI, BIJAVARA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562164, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.70/1) 16. PURA MILK PRODUCERS COOPERATIVE SOCIETY LTD., PURA VILLAGE, VIJAYAPURA HOBLI & POST, DEVANAHALLI TALUK, BANGALORE - 4 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 of 2025 RURAL DISTRICT-562135, REPTD. BY ITS CHIEF EXECUTIVE OFFICER (MEMBERSHIP NO.165/1) ALL THE PETITIONERS ARE THE MEMBERS OF THE BANGALORE RURAL DISTRICT COOPERATIVE UNION LTD., BENGALURU SAHAKARA BHAVANA, 2ND FLOOR. NO.CA 51, 3RD CROSS, 4TH MAIN. 5TH STAGE, ATTURU WARD NO.3. OPP. TO G.K. NAIDU SCHOOL, YELAHANKA SATELLITE TOWN, BENGALURU-560064. (ALL THE PETITIONERS HEREIN ARE THE COOPERATIVE SOCIETIES REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA COOPERATIVE SOCIETIES ACT, 1959) …PETITIONERS (BY SRI. G CHANDRASEKHARAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA STATE COOPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027, REPTD. BY ITS SECRETARY. 3. THE REGISTRAR OF COOPERATIVE SOCIETIES IN KARNATAKA, BENGALURU, NO.1, ALI ASKER ROAD, BENGALURU-560052. 4. THE BANGALORE RURAL DISTRICT COOPERATIVE UNION LTD., BENGALURU SAHAKARA BHAVANA, 2ND FLOOR, NO.CA 51, 3RD CROSS, 4TH MAIN, 5TH STAGE, ATTURU WARD NO.3, OPP. TO G.K. NAIDU SCHOOL, YELAHANKA SATELLITE TOWN, BENGALURU-560064, REPTD. BY ITS CHIEF EXECUTIVE OFFICER. - 5 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 of 2025 5. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA AND THE RETURNING OFFICER, THE BANGALORE RURAL DISTRICT COOPERATIVE UNION LTD., BENGALURU SAHAKARA BHAVANA, 2ND FLOOR, NO.CA 51, 3RD CROSS, 4TH MAIN, 5TH STAGE, ATTURU WARD NO.3, OPP. TO G.K. NAIDU SCHOOL, YELAHANKA SATELLITE TOWN, BENGALURU - 560 064. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 5 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THAT THE ACTION OF THE 4TH RESPONDENT UNION IN INCLUDING THE NAMES OF THE PETITIONERS 1 TO 7 HEREIN IN THE LIST OF INELIGIBLE VOTERS AT ANNEXURE-C ON THE GROUND OF NOT ATTENDING AT LEAST 02 ANNUAL GENERAL MEETINGS OUT OF LAST 05 ANNUAL GENERAL MEETINGS, AS BAD AND ILLEGAL AND THAT IT IS NOT IN CONFORMITY WITH SUB-RULE (2-A) OF RULE 13-D OF THE RULES 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 ORAL ORDER Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1, 3 and 5. - 6 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 of 2025 2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondent No.4 to include their names in the eligible voters' list and permit them to contest and cast votes in the election that was scheduled to be held on 26.10.2025, produced as per Annexure-C. 3. The election for the society was held on 26.10.2025. As per the interim order dated 24.10.2025, the petitioners were permitted to cast votes in the election that was held on 26.10.2025 subject to final outcome of the petition. It is ordered that the petitioners shall not claim any equities in this regard. Pursuant to the interim order, the petitioners have exercised their rights and cast votes. 4. Since the petitioners are challenging Annexure-C, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Cooperative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court by passing Section 70 of the KCS Act. 5. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising - 7 - HC-KAR NC: 2025:KHC:43954 WP No. 31864 of 2025 dispute under Section 70 of the KCS Act, within a period of ten days from the date of receipt of copy of the order. In the meantime, the Returning Officer-respondent No.5 is directed to announce the election result without counting the vote already cast by the petitioners. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 9