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2025 DAILYLAW 70627 (KAR)

GANDARAGOLIPURA VIVIDODESHA PRATHAMIKA GRAMINA KRISHI SAHAKARA SANGHA NIYAMITHA v. THE STATE OF KARNATAKA

WP/32078/2025 · 2025-11-03

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43982 WP No. 32078 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. 32078 OF 2025 (CS-EL/M) BETWEEN: GANDARAGOLIPURA VIVIDODESHA PRATHAMIKA GRAMINA KRISHI SAHAKARA SANGHA NIYAMITHA DODABALAPURA TALUK BENGALURU RURAL DISTRICT REPRESENTED BY ITS DIRECTOR / DELEGATE SMT. G ANNAPORNA C/O H CHANDRASHEKAR AGED ABOUT 55 YEARS …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 - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. A BLOCK, SHANTHI NAGAR BANGALORE - 560027 REPRESENTED BY ITS SECRETARY. 3. DEPUTY COMMISSIONER / DISTRICT ELECTION OFFICER BANGALORE RURAL DISTRICT BENGALURU - 561205 Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43982 WP No. 32078 of 2025 4. RETURNING OFFICER/ ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES TALUKA AGRICULTURE PRODUCE MARKETING COOPERATIVE SOCIETY LTD., DODDABALAPURA SUB DIVISION BANGALORE RURAL DISTRICT. 5. TALUKA AGRICULTURE PRODUCE MARKETING COOPERATIVE SOCIETY LTD., DODDABALAPURA SUB DIVISION BANGALORE RURAL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NO.5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 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.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CAST THE VOTE IN THE ELECTION TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 02/11/2025 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 ORAL ORDER Heard learned counsel for the petitioner and learned Additional Government Advocate for respondents No.1, 3 and 4. - 3 - HC-KAR NC: 2025:KHC:43982 WP No. 32078 of 2025 2. The petitioner is seeking issuance of writ in the nature of Mandamus, directing respondents No.2 to 5 to include the name of the petitioner in the eligible voters' list and permit it to contest and cast vote in the election of respondent No.5 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 she has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter. 5. Now the purpose of the petitioner is served and it was permitted to cast vote in the election and cast vote that was held on 02.11.2025. The petitioner will have the alternative - 4 - HC-KAR NC: 2025:KHC:43982 WP No. 32078 of 2025 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 List No.: 2 Sl No.: 28