- 1 - HC-KAR NC: 2025:KHC:25505 WP No. 14184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14184 OF 2025 (CS-RES) BETWEEN: SAMANDIPURA MILK PRODUCERS CO OPERATIVE SOCIETY LTD., CHANNAPATTANA TALUK, RAMANAGARA DISTRICT, REPRESENTED BY ITS PRESIDENT/ DELEGATE SRI ANANDA S/O ANKEGOWDA AGED ABOUT 41 YEARS. …PETITIONER (BY SRI. JAYAKUMAR S. PTIAL SENIOR COUNSEL FOR SRI. MAHAMMED TAHIR A.,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, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25505 WP No. 14184 of 2025 3. THE DEPUTY COMMISSIONER/ELECTION OFFICER RAMANAGARA DISTRICT RAMANAGARA-562 159. 4. RETURNING OFFICER, THE BANGALORE URBAN, BANGALORE RURAL AND RAMNAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS CO-OPERATIVE SOCIETY BANGALORE 560 029. 5. THE BANGALORE URBAN, BANGALORE RURAL AND RAMNAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS CO-OPERATIVE SOCIETY M.H MARIGOWDA ROAD, DR COLLEGE POST BANGALORE - 560 029 REPRESENTED BY ITS SECRETARY. (RESPONDENT NO. 5 ARE REGISTERED UNDER THE KARNATA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR AAG A/W SRI. YOGESH D. NAIK AGA FOR R1, R3 & R4; SRI. B.L. SANJEEV FOR R5 SRI. T.L. KIRAN KUMAR.,ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 08/05/2025 BEARING NO. BAMUL/SHE.TAM-A.CHU/265/2024-25 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25505 WP No. 14184 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: ''i. Issue a writ of certiorari quashing the endorsement dated 08/05/2025 bearing No.BAMUL/SHE.TAM- A.CHU/265/2024-25 issued by Respondent No.5 vide Annexure-F. ii. Issue a writ of mandamus directing the Respondent no.4 to accept the delegation forms of the Petitioner Society and permit the petitioner society to vote in the election scheduled to be held on 25/05/2025 to the respondent no.5-Milk union. iii. Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued. '' 2. The term of the petitioner-society having expired on October 2024, election could not be held in view of the Government Order postponing the election on account of the Lok Sabha Elections. Finally, elections were held on 25.04.2025 and thereafter the election to the post of President was held on 15.05.2025. In the meeting held on 08.05.2025, the delegates were nominated for the election to the respondent No.5-Milk union. The said delegation was rejected by respondent No.4, on the ground that the last date for submitting the delegation form was 06.05.2025, - 4 - HC-KAR NC: 2025:KHC:25505 WP No. 14184 of 2025 the delegation having been submitted belatedly on 08.05.2025 could not be accepted. By interim order dated 25.05.2025, this Court had permitted the petitioner to vote at the said election which was scheduled on 25.05.2025 by keeping the vote of the petitioner in a separate ballot box, in pursuance of which the petitioner has voted. 3. Considering that the delay in submitting the delegation form was solely on account of the delay in holding the election to the society and the subsequent elections to the post of the President and Vice President and thereafter the meeting was held and nomination was submitted. There being no other disqualification of the Society from participating in the election process, I am of the considered opinion that the delay in submitting the delegation form of two days would be required to be condoned, the same not having any material impact on the elections. By virtue of the interim order, the petitioner being permitted to vote at the election. The Vote cast by the petitioner would have to be counted and election results announced. 4. As such, I pass the following: - 5 - HC-KAR NC: 2025:KHC:25505 WP No. 14184 of 2025 ORDER 1. Writ petition is partly allowed. 2. Since the delegation form has already been accepted and petitioner has been permitted to vote, the said vote shall be counted and the results be announced as expeditiously as possible preferably within a period of seven days from date of receipt of certified copy of the Order. SD/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 1 Sl No.:24.1