- 1 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 17873 OF 2025 (CS-EL/M) BETWEEN: R. MAHADEVAPRASAD S/O RAJASHEKARAMURTHY AGE 45 YEARS LINGAYATHA BEEDI BAILUR VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR - 571 457 …PETITIONER (BY SRI. JAYAKUMAR .S. PATIL, SR. ADVOCATE FOR SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION AMBEDKAR VEEDHI BENGALURU REPRESENTED BY ITS PRINCIPLE SECRETORY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027, REPRESENTED BY ITS SECRETARY. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHAMARAJANAGAR SUB-DIVISION CHAMARAJANAGAR DISTRICT-571313 4. BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 KOLLEGALA TALUK CHAMARAJANAGAR-571457 REPRESENTED BY ITS CEO. THE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 5. MYSURU AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOOKA ROAD MYSURU - 570 001 REPRESENTED BY ITS CEO, THE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 6. THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOOKA ROAD, MYSURU - 570 001 7. H M RAJSHEKARAMURTHY S/O LATE DODDA MAHADEVAPPA AGED ABOUT 67 YEARS R/A HOSAPALYA VILLAGE HANURU TALUK, CHAMARAJANAGAR DISTRICT - 571 457 8. MAHADADEV S S/O SIDDAIAH AGED ABOUT 55 YEARS R/A HOSAPALYA VILLAGE HANURU TALUK, CHAMARAJANAGAR DISTRICT - 571 457 9. KEMPAMMANNI W/O SIDDAPPA AGED ABOUT 55 YEARS R/A HOSAPALYA VILLAGE HANURU TALUK, CHAMARAJANAGAR DISTRICT - 571 457 10. MALLANNA S/O MAHANTHA DEVARU AGED ABOUT 55 YEARS - 3 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 R/A MUNIGODDIDODDI VILLAGE HANURU TALUK, CHAMARAJANAGAR DISTRICT-571457 11. H M RAJSHEKARAMURTHY S/O LATE DODDA MAHADEVAPPA AGED ABOUT 67 YEARS R/A HOSAPALYA VILLAGE HANURU TALUK CHAMARAJANAGAR DISTRICT-571457 12. JAYARUDRASWAMY S S/O SHIVABSAPPA AGED ABOUT MAGER DIRECTOR OF BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR 571457 13. SHIVASWAMY S/O SHIVABASAPPA AGED ABOUT MAGER DIRECTOR OF BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR-571457 14. SIDDAMMA W/O CHIKKANNA AGED ABOUT MAGER DIRECTOR OF BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR-571457 15. NANDHINI W/O MAHESH AGED ABOUT MAGER DIRECTOR OF BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST KOLLEGALA TALUK - 4 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 CHAMARAJANAGAR - 571 457 16. CHIKKAJOGI S/O NOT KNOWN AGED ABOUT MAGER DIRECTOR OF BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR - 571 457 17. BALAJI S/O NOT KNOWN AGED ABOUT MAGER REPRESENTATIVE OF BAILURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES LTD, BAILUR VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR-571457 RESPONDENTS 7 TO 17 SOCIETIES ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (BY SRI. YOGESH .D.NAIK, AGA FOR R1 TO 3 & 6 SRI. K. ANAND, ADVOCATE FOR R5 SRI. SHIVASWAMY, ADVOCATE FOR R4 SRI. M.R. RAJAGOPAL, SR. ADVOCATE FOR SRI. H.N. BASAVARAJU, ADVOCATE FOR R7 & C/R11 R8, 13, 14, 15, 16 - SD/- V/O DT. 9/12/25, NOTICE TO R10, 12 & 17 ARE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER DARTED 29.04.25 IN DISPUTE NO.02.2025-26 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-F. AND DIRECT THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE - 5 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER 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 ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard Sri. Jayakumar S Patil, learned Senior Advocate for Sri. Sandesh T.B., learned counsel for the petitioners, Sri.Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 to 3, 6, Sri. K.Anand, learned counsel for respondent No.5, Sri. Shivaswamy, learned counsel for respondent No.4, and Sri. M.R.Rajagopal, learned Senior Advocate for Sri. H.N.Basavaraju, learned counsel for respondent Nos.7 and caveator/respondent No.11. Perused the materials on record. 2. Learned counsel for both the parties submit in unison that the impugned order produced as per Annexure - F is passed under Section 71(3) of the KCS Act, and that the - 6 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 provision for preferring revision is provided under Section 107 of the KCS Act. The same is not availed by the petitioners. 3. Learned Senior Advocate for the petitioners conceded this position and contended that since there was urgency in the matter, in view of the prayer (b), petitioners have approached this Court. 4. Now admittedly, the election to respondent No.5 - Society was already held on 26.06.2025. In view of the interim order passed by this Court vide order dated 24.06.2025, the petitioner was permitted to cast his vote in the election and accordingly, he has cast his vote. 5. In view of the above, prayer (b) sought in the petition has rendered infructuous. 6. Regarding Prayer (a) seeking to quash Annexure - F, the petitioner is having alternative statutory remedy under Section 107 of the KCS Act, of preferring the revision. Under such circumstances, I do not find any reason to entertain the petition. The petitioner is at liberty to invoke Section 107 of the Act, if he is advised to do so. - 7 - HC-KAR NC: 2025:KHC:51868 WP No. 17873 of 2025 7. In view of the above, respondent No.5 is permitted to declare the result of the election, which shall be of course subject to result of the revision that may be filed by the petitioners. 8. In view of the disposal of the writ petition, pending IA No.1/2025 also stands disposed of. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 2