- 1 - HC-KAR NC: 2025:KHC:42130 WP No. 31842 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 31842 OF 2025 (CS-EL/M) BETWEEN: L VEERABHADRAPPA S/O LATE LINGAPPA, AGED ABOUT 48 YEARS, R/O NO.18, KOPPA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU – 560 108. …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-560 027. REPRESENTED BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES DISTRICT ELECTION OFFICER NO.146, 2ND FLOOR, 3RD CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU – 560 003. 4. RETURNING OFFICER KOPPA MILK PRODUCERS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42130 WP No. 31842 of 2025 CO OPERATIVE SOCIETY LTD., KOPPA, JIGANI HOBLI, ANEKAL TALUK, BENGALURU – 560 108 (REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959). 5. KOPPA MILK PRODUCERS CO OPERATIVE SOCIETY LTD KOPPA, JIGANI HOBLI, ANEKAL TALUK, BENGALURU – 560 108. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (REGISTERED UNDER THE KARNATAKA CO - OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH.D.NAIK, AGA FOR R-1 TO R-4 NOTICE TO R5 IS D/W) THIS W.P IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21/10/2025 PASSED BY THE RETURNING OFFICER I.E. R4 REJECTING THE PETITIONERS NOMINATION PAPER PRODUCED AT ANNX-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ i) Issue a writ of Certiorari quashing the impugned order dated: 21.10.2025 passed by the Returning officer i.e., respondent no.4 rejecting the petitioner’s nomination paper produced at Annexure-D. - 3 - HC-KAR NC: 2025:KHC:42130 WP No. 31842 of 2025 ii) Issue a writ of mandamus directing the respondent no. 4 to accept the petitioner’s nomination paper and permit the petitioner to contest the election to the Managing committee election of respondent no.5 society scheduled on 26.10.2025 in the interest of justice and equity. iii) Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.” 2. Heard learned counsel for the petitioner and learned AGA for the respondents – State and perused the material on record. 3. For the order proposed, notice to respondent No.5 is dispensed with. 4. A perusal of the material on record will indicate that pursuant to the Notification of election for the Managing Committee of 5th respondent – Society, issuance of calendar of events by the 4th respondent dated 18.09.2025, the petitioner who had obtained the caste certificate dated 05.07.2019 which indicated that he belonged to ‘BCMA category’, submitted nomination for the purpose of contesting the election. By the impugned order at Annexure-D dated 21.10.2025, the 4th respondent rejected the petitioner’s nomination paper on the ground that the period of 5 - 4 - HC-KAR NC: 2025:KHC:42130 WP No. 31842 of 2025 years stipulated in the caste certificate had expired. Aggrieved by which, petitioner is before this Court by way of the present petition. 5. Learned counsel for the petitioner has filed a memo enclosing a copy of the caste certificate dated 24.10.2025, whereby the earlier caste certificate dated 05.07.2019 of the petitioner has been renewed by a further period of 5 years. 6. Per contra, learned AGA has filed a memo enclosing a copy of the election results dated 20.10.2025 in order to point out that insofar as Backward category 2A is concerned, in view of the rejection of the nomination of the petitioner, no other person has been elected and the said post has fallen ‘vacant’ and the respondents would proceed further in accordance with law in terms of Rule 14-AF of the Karnataka Co-operative Societies Rules, 1960. 7. In view of the aforesaid facts and circumstances, I deem it just and appropriate to quash the impugned order and dispose of this petition by issuing certain directions. 8. In the result, I pass the following:- - 5 - HC-KAR NC: 2025:KHC:42130 WP No. 31842 of 2025 ORDER (i) Petition is hereby allowed. (ii) The impugned order at Annexure-D dated 21.10.2025 passed by the 4th respondent is hereby set aside. (iii) Respondents 2, 3 and 4 are directed to proceed further in accordance with law and in terms of Rule 14-AF of Rules, 1960, as expeditiously as possible and at any rate within a period of 15 days from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.