- 1 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21235 OF 2025 (CS-RES) BETWEEN: 1. H M VISHWANATH S/O MAHALINGAIH AGED ABOUT 45 YEARS MEMBER AND DIRECTOR BARAKANAHAL PRIMARY AGRICULTURE CREDIT COOPERATIVE SOCIETY BARAKANAHAL, HULIYOORU HOBLI CHIKKANAYAKAHALLI TALUK TUMKRU DISTRICT 2. UMESH S/O A.M.MALLIKARJUNIAH AGE- 48 YEARS MEMBER AND DIRECTOR KUPPURU PRIMARY AGRICULTURE CREDIT COOPERATIVE SOCIETY ARALIKEREPURA, KASABAHOBLI CHIKKANAYAKAHALLI TALUK, TUMKRU DISTRICT 3. RUPESH H.S S/O H S SIDDARAMAIAH H N AGE 45 YEARS MEMBER AND DIRECTOR J C PURA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY J.C.PURA, SHETTYPURA HOBLI CHIKKANAYAKAHALLI TALUK, TUMKRU DISTRICT ® Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 4. Y.S.NANJEGOWDA S/O SHIVANNA N AGE- 48 YEARS MEMBER AND DIRECTOR MATHIGATTA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY YENEHALLI, ANDHAKEREHOBLI CHIKKANAYAKAHALLI TALUK, TUMKRU DISTRICT …PETITIONERS (BY SRI. DEVIPRASAD SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIKASA SOUDHA, BANGALORE-01 REP. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, KH ROAD SHANTHINAGAR, BANGALORE-560027 REP. BY ITS SECRETARY 3. THE DEPUTY COMMISSIONER /DISTRICT ELECTION OFFICER, TUMKURU DISTRICT, TUMKURU – 572101 4. TUMKURU DISTRICT CENTRAL CO-OPERATIVE BANK TUMKURU DISTRICT TUMKURU-572101 REP. BY ITS MANAGING DIRECTOR/CEO …RESPONDENTS (BY SRI.YOGESH D.NAIK., AGA FOR R1 AND 3; SRI.T.L.KIRANKUMAR., ADVOCATE FOR R2; SRI.A.C.BALARAJ., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE - 3 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 RESPONDENT NO 3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS FOR FURNISHING THE DOCUMENTS AS SOUGHT FOR IN THE APPLICATION WITHIN A TIME FRAME VIDE ANNEXURES-A, A1,A2,A3 AND ANNEXURES-B, B1, B2, B3 ON 27.06.2025 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs. i. Issue a writ of mandamus directing respondent No.3 to consider the representations of the petitioners for furnishing the documents as sought for in the application within a time frame vide Annexures-A, A1, A2, A3 and Annexures-B, B1, B2, B3 on 27.06.2025. ii. Grant such other reliefs as deems fit in the circumstance of the case and allow the writ petition with cost in the interest of justice and equity. 2. The petitioners raised a grievance before respondent No.4 that the requirement of Rule 13D of the Karnataka Co-operative Societies Rules, 1960 had not been followed, there being no reply thereto. The petitioners had submitted applications to respondent - 4 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 No.3-the District Election Officer on 27.06.2025 calling upon respondent No.3 to furnish the following details; i. Provisional eligible and ineligible voters list of primary credit cooperative societies. ii. Provisional eligible and ineligible voters list of TAPCMS iii. Provisional eligible and ineligible voters list of Group C and D primary credit cooperatives societies iv. Provisional eligible and ineligible voters list of Women’s Self Help Group cooperatives societies. 3. The same not having been provided, the petitioners are before this Court seeking the aforesaid reliefs. 4. When the matter was taken up on 24.07.2025, learned AGA was called upon to make his submission as to whether the requirements of Rule 13D have been followed. Today, on instructions, he submits that the requirements have been followed. 5. Sri.M.R.Rajagopal, learned Senior counsel appearing for respondent No.4-Co-operative Society on instruction, submits that the requirements of Rule - 5 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 13D have been followed, publication of a list of ineligible voters has been made on the notice board of the Co-operative Society, as also a paper publication has been taken in respect thereof, notices have been issued to the individual ineligible members and the requisite process is being followed. 6. It is in the above circumstances that the request of the petitioner would have to be considered. The request made by the petitioner is for providing a provisional eligible and ineligible voters list in respect to various categories as indicated (supra). 7. Once the requirements of Rule 13D of the KCS Rules, 1960 have been followed the list of ineligible voters is required to be prepared and published and those ineligible voters are required to be issued notices by the society, so as to enable them to reply to the those notices placing their grievance, if any, and placing reasons if any to transfer their name from the ineligible voters list to the eligible voters list. Thus, it is those ineligible voters who would get a - 6 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 right in respect of their ineligibility, if their names are published in the ineligible voters list. 8. The petitioners in this matter are firstly eligible voters and/or whose names are not found in the ineligible voters list. Secondly, there is no separate list which is prepared by the Society or the Electoral Officers as regards eligible voters and ineligible voters; only one list is prepared as regards ineligible voters, at this stage, it is only at the time of the election that the Electoral Roll is prepared of the eligible voters. 9. That being the case, the question of the respondent No.4 or respondent No.3 providing a provisional eligible voters list would not arise. Insofar as the ineligible voters list is concerned, the same has been published on the notice board of the Society, as also in the newspaper, as indicated in Annexure R4 and R5 filed along with the statement of objections. The list of ineligible voters is already available in the - 7 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 public domain, and as such, the petitioners cannot once again seek such a list. 10. If at all, the person named in the ineligible voters list has any grievances regarding the same, they have their own remedy in terms of the procedure provided under Rule 13D, and it is not for the petitioners to espouse their cause by filing the present petition. 11. The last submission of Sri.Deviprasad Shetty., learned counsel for the petitioners, is that they need the list of eligible voters to plan their campaign for the elections. If at all, they need to plan their campaign, the petitioners could always verify who the members of the Society and, being aware of who the ineligible voters are, they can plan their campaign as regards the other members whose names are not found in the ineligible list. 12. No eligible voting member has a right to seek for the list of other eligible voting members, the list of ineligible voting members being required to be - 8 - HC-KAR NC: 2025:KHC:28633 WP No. 21235 of 2025 published in terms of Rule 13D of the KCS Rules 1960, there is no right to seek such a list. 13. Hence, no grounds being made out, the above petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 73