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2025 DAILYLAW 76224 (KAR)

HURA AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/31845/2025 · 2025-11-03

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 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. 31845 OF 2025 (CS-EL/M) BETWEEN: 1. HURA AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD HURA VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR / DELEGATE, M.V.SHIVAKUMAR S/O B. VEERAPPA, AGE 61 YEARS 2. HADYA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, HUDYA VILLAGE, NANJANGUD TALUK, MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, H.M.SHANKARA S/O MAHADEVPPA, AGE 43 YEARS 3. KALALE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, KALALE VILLAGE, NANJANGUD TALUK, MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, PRABHAKARA.K.N S/O LATE K.V.NANJUNDASWAMY, AGE 66 YEARS 4. HALLARE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, HALLARE VILLAGE, NANJANGUD TALUK, MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, MAHADEVASWAMY.H.C S/O CHANNAPPA, AGE 50 YEARS 5. THANDAVAPURA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD THANDAVAPURA VILLAGE, NANJANGUD TALUK, MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, GIRISHA.S S/O SRIKANTAIAH, AGE 41 YEARS Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 6. YECHAGALLI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD YECHAGALLI VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR / DELEGATE, N.MADAPPA S/O NINGAPPA, AGE 63 YEARS 7. SURAHALLI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD SURAHALLI VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR / DELEGATE, THAGADURA NAYAK S/O LATE CHENNABASAVANAYAK AGE 62 YEARS 8. VEERADEVANAPURA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD VEERADEVANAPURA VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE RANGADAS, S/O DASAIAH AGE 56 YEARS 9. HADINARU AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD HADINARU VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE, S. RAJU S/O SHIVANNA, AGE 43 YEARS 10. DASANOORU AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD DASANOORU VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE, N. NANJUNDASWAMY S/O MAHADEVAPPA, AGE 55 YEARS 11. KURIHUNDI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD KURIHUNDI VILLAGE, NANJANGUD - 3 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE, KENDAGANNAPPA S/O LATE PUTTAPPA, AGE 57 YEARS 12. HEMMARAGALA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, HEMMARAGALA VILLAGE, NANJANGUD TALUK, MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, PUTTAMADASHETTY, S/O NINGSHETTY AGE 42 YEARS 13. DODDAKAVALANDE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD DODDAKAVALANDE VILLAGE, NANJANGUD TALUK, MYSORE-5713013 REPRESENTED BY ITS DIRECTOR/ DELEGATE, G.K.PRAKASH S/O LATE KEMPAPPA, AGE 62 YEARS 14. HEDIYALA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD HEDIYALA VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE, B.BASAVANNA S/O BHOGAPPA, AGE 50 YEARS 15. THAGADOORU AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD THAGADOORU VILLAGE, NANJANGUD TALUK, MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, GURUMALLESH T.N, S/O LATE T.K.NANJAPPA AGE 37 YEARS, 16. KEMPISIDDANAPUNDI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, KEMPISIDDANAPUNDI VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE H.G. PARASHIVA MURTHY S/O LATE H.M.GURU MALLAIAH - 4 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 AGE 51 YEARS 17. KASUVINAHALLI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD KASUVINAHALLI VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE MALLESH K.N, S/O LATE NAGAPPA AGE 50 YEARS 18. THORAVALLI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD THORAVALLI VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE C.M.MAHENDRA KUMARA S/O MARI LINGAPPA, AGE 41 YEARS 19. NAGARLE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NAGARLE VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE K.S.SATHISHA S/O K.B.SUBBANNA, AGE 43 YEARS 20. NALLITHALAPURA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NALLITHALAPURA VILLAGE, NANJANGUD TALUK, MYSORE 571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE RAVINDRA, S/O LATE CHIKKANAIKA AGE 56 YEARS 21. CHINNAMBALLI AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD., CHINNAMBALLI VILLAGE. NANJANGUD TALUK MYSORE 571301 REPRESENTED BY ITS DIRECTOR/DELEGATE S/O LATE SIDDAPPA, AGED 77 YEARS, 22. BILIGERE AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD BILIGERE VILLAGE, NANJANGUD TALUK. - 5 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE, SOMANNE GOWDA, S/O LATE DODDA BASAVE GOWDA, AGE 64 YEARS 23. HEGGADAHALLI AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD HEGGADAHALLI VILLAGE, NANJANGUD TALUK, MYSORE-571301 REPRESENTED BY ITS DIRECTOR/ DELEGATE, MALLESHA. H. M S/O LATE H.D.MALLANNA AGE 58 YEARS 24. KOODLAPURA AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD KOODLAPURA VILLAGE, NANJANGUD TALUK. MYSORE-571301, REPRESENTED BY ITS DIRECTOR/ DELEGATE RATHNAMMA W/O PUTTA MADA SHETTY AGE 72 YEARS (THE PETITIONERS SOCIETY ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT - 1959) …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. 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. JOINT REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT, ELECTION OFFICER, MYSURU SUB-DIVISION, MYSURU - 6 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 4. RETURNING OFFICER, NANJUNGUD TALUK AGRICULTURAL PRODUCE MARKETING COOPERATIVE SOCIETY LTD, NANJUNGUD TALUK, MYSURU-571301 5. NANJUNGUD TALUK AGRICULTURAL PRODUCE MARKETING COOPERATIVE SOCIETY LTD, NANJUNGUD TALUK, MYSURU-571301 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (RESPONDENT NO.4 AND 5 ARE REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT - 1959) …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, 3 & 4 SRI. A. DEVARAJU, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 SOCIETY TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AT ANNEX-D AND PERMIT THE PETITIONERS TO CONTEST AND CAST THEIR VOTES IN THE ELECTION WHICH IS SCHEDULED TO BE HELD ON 2/11/2025 ANNEX-B. 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 petitioners and learned Additional Government Advocate for respondents No.1, 3 and 4. - 7 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 2. The petitioners are seeking issuance of writ in the nature of Mandamus, directing respondent No.5 to include the names of the petitioners in the eligible voters' list as per Annexure-D and permit the petitioners to contest and cast votes in the election that was scheduled to be held on 02.11.2025. 3. As per the interim order passed by this Court dated 24.10.2025, the petitioners were permitted to contest and cast votes in the election subject to the final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. 4. Accordingly, the petitioners are said to have contested and cast votes in the election that was held on 02.11.2025. Since the petitioners are challenging Annexure-E issued by the Federal Society raising a dispute, there is no bar for the petitioners to invoke Section 70(1)(d) of the Karnataka Co- operative Societies Act, (for short, 'the KCS Act') before the appropriate authority raising dispute. Under such circumstances, I do not find any reason to entertain the petition. - 8 - HC-KAR NC: 2025:KHC:43948 WP No. 31845 of 2025 5. Accordingly, the petition is liable to be dismissed and it is dismissed, reserving liberty to the petitioners to raise dispute by invoking Section 70(1)(d) of the KCS Act, if they are advised to do so within a period of ten days from the date of receipt of copy of the order. The Returning Officer-respondent No.4 is directed to declare the election result without considering the nomination filed by the petitioners and also without counting the vote already cast by them. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 4