- 1 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 25356 OF 2025 (CS-EL/M) BETWEEN: 1. SMT SARALA W/O LOKESH, AGED ABOUT 33 YEARS SHARE NO. 07, 2. SMT. PRABHAVATHI D S W/O SATHISH, AGED ABOUT 37 YEARS, SHARE NO. 93 3. SMT NINGAMMA W/O RAJANNA, AGED ABOUT 55 YEARS, SHARE NO. 05, 4. SMT SHIVAMMA W/O NANJAPPA, AGED ABOUT 57 YEARS, SHARE NO 22 5. SMT JYOTHI W/O SWAMY, AGED ABOUT 37 YEARS, SHARE NO 21 6. SMT JYOTHI K V W/O PUTTABASAPPA, AGED ABOUT 33 YEARS, SHARE NO 109 7. SMT RAMYA W/O BASAVANNA, AGED ABOUT 28 YEARS, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 SHARE NO 09 8. SMT MALLIGAMMA W/O RAJANNA, AGED ABOUT 46 YEAS, SHARE NO 11 9. SMT PADMA W/O RAVI, AGED ABOUT 30 YEARS, SHARE NO 14 10. SMT GUNAVATI W/O SRINIVAS, AGED ABOUT 33 YEARS, SHARE NO 15 11. SMT SAVITRI W/O SHIVANNA, AGED ABOUT 35 YEASR, SHARE NO 36 12. SMT NIRMALA W/O MAHADEVAPPA, AGED ABOUT 48 YEARS, SHARE NO 43 13. SMT MANJULA W/O SOMASHEKAR, AGED ABOUT 43 YEARS SHARE NO 44 14. SMT YASHODHAMMA W/O SURESH, AGED ABOUT 41 YEARS, SHARE NO 45 15. SMT MAMATA W/O NANJUNDASWAMY, AGED ABOUT 27 YEARS, SHARE NO 49 16. SMT MANJULA W/O MADEGOWDA, - 3 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 AGED ABOUT 48 YEARS SHARE NO 38 17. SMT HEMA W/O BASAVANNA, AGED ABOUT 46 YEARS, SHARE NO. 51 18. SMT YASHODHAMMA W/O HANUMANTEGOWDA, AGED ABOUT 45 YEARS, SHARE NO. 60 19. SMT JAYAMMA W/O RAJEGOWDA, AGED ABOUT 62 YEARS, SHARE NO. 92 20. SMT NAGAMANI W/O MAHADEVASWAMY, AGED ABOUT 42 YEARS, SHARE NO 75 21. SMT ROJA W/O PALAKSHA, AGED ABOUT 22 YEARS, SHARE NO 76 22. SMT SANNATHAYAMMA W/O LATE RAJANNEGOWDA, AGED ABOUT 56 YEARS, SHARE NO. 13 23. SMT VISHALAKSHI W/O CHANDREGOWDA, AGED ABOUT 42 YEASR, SHARE NO 91 24. SMT RATNAMMA W/O KEDAPPA, AGED ABOUT 49 YEARS, SHARE NO 108 - 4 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 25. SMT GIRIJA W/O PHRABHUSWAMY AGED ABOUT 47 YEARS SHARE NO 117, 26. SMT SUDHA W/O SWAMY, AGED ABOUT 32 YEARS SHARE NO 94, 27. SMT RANI W/O BASAVARAJU , AGED ABOUT 40 YEARS SHARE NO 102, 28. SMT SHASHIKALA W/O RAMESH, AGED ABOUT 45 YEARS SHARE NO 62 29. SMT NILAMMA W/O MANJA, AGED ABOUT 47 YEARS SHARE NO 52, 30. SMT MANGALAMMA W/O NANJUNDASWAMY, AGED ABOUT 45 YEARS SHARE NO 122, 31. SMT SUNANDA W/O NAGAPPA, AGED ABOUT 43 YEARS SHARE NO 115, 32. SMT KALAVATI W/O RAVI , AGED ABOUT 35 YEARS SHARE NO 121, 33. SMT MAHADEVAMMA W/O MAHADEVASWAMY, AGED ABOUT 41 YEARS SHARE NO 85 , 34. SMT MALIGAMMA W/O LATE RAJANNA , AGED ABOUT 54 YEARS SHARE NO 106 - 5 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 35. SMT KALABORAMMA W/O SINGEGOWDA, AGED ABOUT 61 YEARS SHARE NO 57 , ALL ARE MEMBERS OF NANJANAYAKANAHALLI MILK PRODUCERS WOMENS CO-OPERATIVE SOCIETY, NANJANAYAKANAHALLI VILLAGE K. EDATHORE POST, KASABA HOBLI, H. D. KOTE TALUK, MYSURU DISTRICT -571114. …PETITIONERS (BY SRI. KRISHNA KUMAR K K., 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, TTMC A BLOCK, K.H. ROAD,SHANTINAGAR, BANGALORE-560027. REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT-570001 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES H. D. KOTE SUB-DIVISION H. D. KOTE TALUK, MYSURU DISTRICT-570008 5. CHIEF EXECUTIVE OFFICER. NANJANAYAKANAHALLI MILK PRODUCERS WOMENS CO-OPERATIVE SOCIETY, NANJANAYAKANAHALLI VILLAGE K. EDATHORE POST, KASABA HOBLI, H. D. KOTE TALUK, MYSURU DISTRICT -571114 - 6 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) 6. RETURNING OFFICER NANJANAYAKANAHALLI MILK PRODUCERS WOMENS CO-OPERATIVE SOCIETY, NANJANAYAKANAHALLI VILLAGE K. EDATHORE POST, KASABA HOBLI, H. D. KOTE TALUK, MYSURU DISTRICT -571114 (SOCIETY REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 AND R6; SRI. A. DEVARAJ, ADVOCATE FOR R2; SRI. H.S. SHANKAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST AND VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 30.08.2025 ANNEXURE-A. THIS writ PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, 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 respondent Nos.1, 3, 4 and 6. - 7 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 2. The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent Nos.2 to 6 to include their names in the eligible voters list and permit them to cast their votes in the election that was scheduled to be held on 30.08.2025 for respondent No.5 - society. 3. Learned Additional Government Advocate submits that as per the interim order dated 20.08.2025, the petitioners were permitted to cast their votes in the election that was scheduled to be held on 30.08.2025, directing respondent No.6 to proceed to declare the election result without counting the votes cast by the petitioners. Accordingly, they have cast their votes. However, the election result is not yet declared. 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. Therefore, he prays for passing appropriate orders. 4. The petitioners have made several grounds by filing the petition bypassing the efficacious and statutory remedy that is available to raise the dispute under Section 70 of the - 8 - HC-KAR NC: 2025:KHC:52591 WP No. 25356 of 2025 KCS Act. The urgency in the matter was that the election was scheduled to be held on 30.08.2025. The petitioners have already cast their votes and the same is preserved in a separate box. Under such circumstances, I do not find any reason to entertain the petition bypassing the statutory remedy available to the petitioners. 5. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, to raise the dispute under Section 70 of the KCS Act, if they are advised to do so, within ten days from the date of receipt of the copy of this order. In the meantime, the Returning Officer-respondent No.6 is directed to announce the election result without counting the votes already cast by the petitioners. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 9