- 1 - HC-KAR NC: 2025:KHC:43965 WP No. 32053 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. 32053 OF 2025 (CS-EL/M) BETWEEN: 1. K. N. PRABHAKAR S/O K.V. NNAJINDASWAMY AGED ABOUT 65 YEARS SHARE NO.2, MEMBER/DELEGATEE OF KALALE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 2. GIRISH S/O MAHADEVAPPA AGED ABOUT 50 YEARS SHARE NO.6, MEMBER/DELEGATEE OF TANDAVAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 3. H.S. RAJU S/O SHIVANNA AGED ABOUT 45 YEARS SHARE NO.11, MEMBER/DELEGATEE OF HADINARU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 4. S.V. SHIVARAJAPPA S/O VEERBHADRAPPA AGED ABOUT 55 YEARS SHARE NO.12, MEMBER/DELEGATEE OF SHIRAMALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43965 WP No. 32053 of 2025 NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 5. C. RAVINDRA S/O CHIKKANAIAKA AGED ABOUT 55 YEARS SHARE NO.13, MEMBER/DELEGATEE OF NALLITALAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 6. N. MADAPPA S/O NINGAPPA AGED ABOUT 65 YEARS SHARE NO.14, MEMBER/DELEGATEE OF YECHAGALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 7. D.G.UMESH S/O M. GURUSWAMY AGED ABOUT 55 YEARS SHARE NO.17, MEMBER/DELEGATEE OF DEVANURU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 8. H.C. MAHADEVASWAMY S/O LATE CHANNAPPA AGED ABOUT 45 YEARS SHARE NO.19, MEMBER/DELEGATEE OF HALLARE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 9. M.V. SHIVAKUMAR S/O LATE VEERAPPA AGED ABOUT 69 YEARS SHARE NO.24, MEMBER/DELEGATEE OF HURA PRIMARY AGRICULTURAL CREDIT - 3 - HC-KAR NC: 2025:KHC:43965 WP No. 32053 of 2025 CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 10. MUDDUBASAPPA S/O SIDDAPPA AGED ABOUT 70 YEARS SHARE NO.27, MEMBER/DELEGATE OF CHINNAMBALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 11. SMT. RATHNAMMA W/O PUTTAMADASHETTY AGED ABOUT 50 YEARS SHARE NO.28, MEMBER/DELEGATEE OF KUDLAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 12. S. NANJUNDSWAMY S/O SHIVANNA AGED ABOUT 50 YEARS SHARE NO.29, MEMBER/DELEGATEE OF NANJANAGUDU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NANJANAGUGUDU TALUK MYSORE DISTRICT-571 301 (NOTE: THE PETITIONERS HEREIN ARE NOT CLAIMING ANY BENEFITS/CONCESSION BEING SENIOR CITIZENS.) …PETITIONERS (BY SRI. SUMANTH KUMAR .S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY - 4 - HC-KAR NC: 2025:KHC:43965 WP No. 32053 of 2025 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGAR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGARA BANGALORE-27 RPTD BY ITS COMMISSIONER 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION, MYSORE DISTRICT MYSORE-570001 4. NANJANAGUDU TALUK AGRICULTURAL PRODUCE CO-OPERATIVE, MARKETING SOCIETY LTD NANJANAGUDU TALUK MYSORE DISTRICT-571 301 REPRESENTED BY ITS CEO/SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 5. RETURNING OFFICER, NANJANAGUDU TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD AND THASILDAR NANJANAGUDU TALUK, NANJANAGUDU TALUK, MYSORE DISTRICT-571 301 …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, 3 & 5 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO 5 INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST AND VOTE IN THE ELECTION TO THE RESPONDENT NO.4 WHICH IS SCHEDULED TO BE HELD ON 2.11.2025 AS PER ANX-A AND ETC., THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 5 - HC-KAR NC: 2025:KHC:43965 WP No. 32053 of 2025 ORAL ORDER Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1, 3 and 5. 2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondents No.2 to 5 to include their names in the eligible voters' list and permit them to contest and cast vote in the election 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 petitioners were permitted to contest and cast votes in the election that was held on 02.11.2025 subject to final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. The petitioners have 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 petitioners submits that he has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter. - 6 - HC-KAR NC: 2025:KHC:43965 WP No. 32053 of 2025 5. Now the purpose of the petitioners is served and they were permitted to contest and cast vote in the election that was held on 02.11.2025. The petitioners will have the alternative 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 petitioners to approach the appropriate authority, raising dispute under Section 70, within two weeks from today. In the meantime, the Returning Officer-respondent No.5 is directed to announce the election result without considering the nomination and also without counting the vote cast by the petitioners. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 22