- 1 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 26508 OF 2025 (CS-EL/M) BETWEEN: 1. KALLA NAIKA, S/O MANJANAIKA, AGED ABOUT 60 YEARS, SHARE NO. 110/55. 2. MANJANAIKA, S/O RAMA NAIKA, AGED ABOUT 65 YEARS, SHARE NO. 11/49. 3. ESHWAPPA D N, S/O NAGA NAIKA, AGED ABOUT 55 YEARS, SHARE NO. 5/31. 4. H C GURUPADA, S/O CHANNABASAPPA GOWDA, AGED ABOUT 68 YEARS, SHARE NO. 15/40. 5. GANAPATI H C, S/O CHANNABASAPPA, AGED ABOUT 65 YEARS, SHARE NO. 161/38. 6. MUKUNDA @ MUKNDAPPA, S/O HOLIYANAYAKA, AGED ABOUT 72 YEARS, SHARE NO. 123/55. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 7. MIDIYA NAIKA, S/O HOLENAIKA, AGED ABOUT 68 YEARS, SHARE NO. 198/57. 8. KOLLURAPPA, S/O HUCHHA NAIKA, AGED ABOUT 78 YEARS, SHARE NO. 207/54. 9. KOLLAPPA, S/O PUTTA NAKA, AGED ABOUT 75 YEARS, SHARE NO. 50/37. 10. SHANKARAPPA, S/O NAGAPPA GOWDA, AGED ABOUT 65 YEARS, SHARE NO. 171/31. 11. GULABI, W/O ANANDA ACHARI, AGED ABOUT 65 YEARS, SHARE NO. 23/53. 12. BHOJAPPA GOWDA N B, S/O BANGARAPPA GOWDA, AGED ABOUT 68 YEARS, SHARE NO. 175/51. 13. KUMARSWAMY N S, S/O SHIVALINGAPPA GOWDA, AGED ABOUT 65 YEARS, SHARE NO. 104/29. 14. NAGARAJA N V, S/O VEERABHADRAPPA GOWDA, AGED ABOUT 52 YEARS, SHARE NO. 96/56. - 3 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 15. RAJASHEKAR S C, S/O CHANNAPPA GOWDA, AGED ABOUT 54 YEARS, SHARE NO. 10300. 16. RAJENDRA N S, S/O SIDDAIAH, AGED ABOUT 62 YEARS, SHARE NO. 49/54. 17. ANCHHEMANJAPPA @ MANJAPPA, S/O BASAVA NAIKA, AGED ABOUT 65 YEARS, SHARE NO. 149/55. 18. SATISHCHANDRA B A, S/O ACHHUTRAO, AGED ABOUT 65 YEARS, SHARE NO. 76/29. 19. VASANTHKUMAR B A, S/O ACCHUTRAO, AGED ABOUT 67 YEARS, SHARE NO. 145/29. 20. SREEDHARMURTHY B A, S/O ACCHUTRAO, AGED ABOUT 69 YEARS, SHARE NO. 46/40. 21. JAYALAXMI B V, W/O VENKATACHALARAO, AGED ABOUT 70 YEARS, SHARE NO. 135/40. 22. NAGARAJA, S/O MALLAPPA GOWDA, AGED ABOUT 56 YEARS, SHARE NO. 181/54. - 4 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 23. BHOJAPPA GOWDA, S/O MALLAPPA GOWDA, AGED ABOUT 54 YEARS, SHARE NO. 180/54. 24. YASHODHA, W/O SHEKARAPPA GOWDA, AGED ABOUT 52 YEARS, SHARE NO. 101/55. 25. CHANNAPPA, S/O RAMANAIKA, AGED ABOUT 62 YEARS, SHARE NO. 62/46. 26. KOMALA, W/O VEERABHADRAPPA GOWDA, AGED ABOUT 56 YEARS, SHARE NO. 52/44. 27. JAYAMMA, W/O DAYAPPA, AGED ABOUT 58 YEARS, SHARE NO. 243/52. 28. ESHWARA @ ESHWARANAIKA, S/O MANJANAIAKA, AGED ABOUT 70 YEARS, SHARE NO. 89/37. 29. NAGAMMA, W/O LINGAPPA, AGED ABOUT 72 YEARS, SHARE NO. 134/59. - 5 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 30. 31. 32. 33. 34. 35. 36. 37. BHEMMAPPA, HUCCHHANAIAKA, AGED ABOUT 48 YEARS, SHARE NO.196/54. RAMACHANDRA, S/O PUTTANAIAKA, AGED ABOUT 58 YEARS, SHARE NO.219/54. PRABHAKAR B.N., S/O NARAYANAPPA B.K., AGED ABOUT 69 YEARS, SHARE NO.29/56. MAHABALESHWARA .K, S/O KRISHNA BHATT, AGED ABOUT 63 YEARS, SHARE NO.85/38. SUBBARAYA A.M, S/O MANJABHATTA, AGED ABOUT 72 YEARS, SHARE NO.115/17, HUVAMMA H.B., W/O GANAPATHI GOWDA M.S., AGED ABOUT 66 EYARS, SHARE NO.110/36, MEERESH, S/O SWAMYGOWDA H.E., AGED ABOUT 51 YEARS, SHARE NO.176/55. VISHALAKSHI, W/O SHANKARAPPA GOWDA, AGED ABOUT 52 YEARS, SHARE NO.85/53. - 6 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 38. 39. 40. 41. 42. 43. 44. 45. KRISHNAMURTHY H.A., S/O ANANTHACHAR, AGED ABOUT 58 YEARS, SHARE NO.199/46. MANJAPPA, S/O BALARAMNAIKA, AGED ABOUT 68 YEARS, SHARE NO.210/37 VAJARANAIAKA, S/O TEEKANAIAKA, AGED ABOUT 72 YEARS, SHARE NO.88/15. GANAPATHI N., S/O NANJAPPA GOWDA, AGED ABOUT 52 YEARS, SHARE NO.213/46. NAGAPPA GOWDA H, S/O HALAPPA GOWDA, AGED ABOUT 72 YEARS, SHARE NO.58/34. RACHAPPA GOWDA, S/O SHIVAPPA GOWDA, AGED ABOUT 72 YEARS, SHARE NO.46/21. HIREYANNE GOWDA H.R., S/O RAMAPPA GOWDA, AGED ABOUT 68 YEARS, SHARE NO.115/31. DAKAPPA A S, S/O SHEKHARAPPA BHANDARI, AGED ABOUT 54 YEARS, SHARE NO.37/57. - 7 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 46. 47. 48. 49. 50. 51. 52. 53. ANNAPPA DK, S/O KARIYANNA, AGED ABOUT 65 YEARS, SHARE NO.117/51. KRISHNAMURTHY H T., S/O THIMMANNA BHAT, AGED ABOUT 68 YEARS, SHARE NO.210/35, RUDRAMMA, W/O SHIVAPPA GOWDA, AGED ABOUT 65 YEARS, SHARE NO.220/32. HOLEBASAPPA S C., S/O CHANNAPPA GOWDA S, AGED ABOUT 58 YEARS, SHARE NO.97/37. RUKMAPPA, S/O THIMMAPPA, AGED ABOUT 62 YEARS. SHARE NO.166/46. RAGHAVENDRA M H, S/O HALAPPA M S, AGED ABOUT 54 YEARS, SHARE NO 65/35. RAVIKUMAR H H, S/O HALAPPA GOWDA H, AGED BOUUT 59 YEARS, SHARE NO 12/27. SREEDHAR V, S/O VASUDEEVAJOGI, AGED BOUT 38 YEARS, SHARE NO 174/48. - 8 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 54. SHIVAKUMAR, S/O SADASHIVASHETTY H, AGED ABOUT 45 YEARS, SHARE NO 212/38. 55. VEERABHADRAPPA H K, S/O KOLLURAPPA, AGED ABOUT 68 YEARS, SHARE NO 33/37. 56. KUBEERANAIKA H T, S/O THIMMANAIKA, AGED BOUT 67 YEARS, SHARE NO 248/44. 57. VENKATAACHALA H M, S/O MANJAPPA, AGED ABOUT 48 YEARS, SHARE NO 161/48. 58. PURUSHOTHAMA H T, S/O THIMMANAIKA, AGED ABOUT 65 YEARS, SHARE NO 239/15. 59. YALLAPPA C, S/O CHOWDANAIKA, AGED ABOUT 75 YEARS, SHARE NO 231/15. 60. GANAPATHI M, S/O MANJAPPA, AGED ABOUT 58 YEARS, SHARE NO 130/47. 61. LALITHAMMA, W/O VEERABHADRAPPA, AGED ABOUT 68 YEARS, SHARE NO.88/18. - 9 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 PETITIIONERS ARE MEMBERS OF PRIMARY AGRICULTURAL AND RURALL DEVELOPMENT BANKK LTD., HOSANAGARA TOWN, HOSANAGARA-577 418, SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI. PRUTHVI WODEYAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R.AMBDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCITIES, SHIVAMOGGA TOWN, SHIVAMOGGA -577 201. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAGAR SUB-DIVISION, SAGAR TALUK, SHIVAMOGGA DISTRICT-577 401. 5. PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., HOSANAGARA TOWN, HOSANAGARA-577 418, SHIVAMOGGA DISTRICT, - 10 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 REPRESENTED BY MANAGER/ CHIEF EXECUTIVE OFFICER, (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). 6. THE RETURNING OFFICER/CDO, PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., HOSANAGARA TOWN, HOSANGARA -577 418, SHIVAMIOGGA DISTRICT. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 ,R3 R4 & R6, SRI. A. DEVARAJ , ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-B AND PERMIT THE PETITIONERS TO VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.5 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 10.09.2025. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 11 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 ORAL ORDER Heard Sri. Pruthvi Wodeyar, learned counsel for the petitioners, learned Additional Government Advocate for respondents Nos.1, 3, 4 and 6 and Sri. A.Devaraj, learned counsel for respondent No.2. Perused the materials on record. 2. Petitioners being the members of respondent No.5- Society, have approached this Court seeking issuance of writ in the nature of mandamus directing respondents to include the names of the petitioners in the final eligible voter list i.e., Annexure - B and permit the petitioners to vote in the upcoming elections to respondent No.5-Society, which is scheduled to be held on 10.09.2025. 3. The election for the society was held on 10.09.2025. As per the interim order, petitioners were permitted to cast their votes in the election that was held on 10.09.2025, subject to the final outcome of the petition. Pursuant to the interim order, petitioners have exercised their right and casted the votes. - 12 - HC-KAR NC: 2025:KHC:45558 WP No. 26508 of 2025 4. Since the petitioners are challenging Annexure-B, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, '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. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of copy of this order. The Returning Officer - Respondent No.6 is directed to declare the election result without counting the vote cast by petitioners. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 1