- 1 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 34876 OF 2025 (CS-EL/M) BETWEEN: 1. SYNDICATE RYATHARA SEVA SAHAKARA SANGHA NIYAMITHA HAVING ITS REGISTERED OFFICE AT REGD. UNDER PRIMARY AGRICULTURAL CO-OP. SO. ATTIBELE, ANEKAL TALUK, BENGALURU DISTRICT - 562 107, REPT. BY ITS DIRECTOR/DELEGATE SRI. VINEETH A. S/O ANJINAPPA AGED ABOUT 35 YEARS, 2. SERICULTURISTS-CUM-FARMERS SERVICE CO-OPERATIVE SOCIETY LTD. HAVING ITS REGISTERED OFFICE AT SARJAPURA, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 125 REPT. BY ITS DIRECTOR/DELEGATE SRI. T. PILLAREDDY S/O. THIMMAREDDY AGED ABOUT 54 YEARS, REGD. UNDER PRIMARY AGRICULTURAL CO-OP. SO …PETITIONERS (BY SRI. D. R. RAVI SHANKAR, SR. ADVOCATE SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU 560001 REPT. BY ITS PRINCIPAL SECRETARY Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 2. STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC 'A' BLOCK, SHANTHINAGAR, BENGALURU - 560 027 REPT. BY ITS COMMISSIONER 3. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD. NO.6, LAKSHMI SADANA, 5TH MAIN, CHAMARAJPET, BENGALURU - 560 018. REPT. BY ITS CHIEF EXECUTIVE OFFICER 4. THE JOINT REGISTRAR OF CO-OP SOCIETIES BENGALURU DIVISION, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & 4 SRI. NATARAJ BABA .K., ADVOCATE FOR R3 SRI. A. DEVARAJ, ADVOCATE FOR R2 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASHING THE VOTERS LIST DATED 17.10.2025 OF THE 3RD RESPONDENT BANK, WHEREIN THE PETITIONERS HAVE BEEN DECLARED INELIGIBLE VOTERS AT SL.NOS. 1 AND 2 OF THE ANEKAL CONSTITUENCY (ANNEXURE-E) AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 ORAL ORDER The petitioners - Societies have approached this Court seeking issuance of writ in the nature of Certiorari, to quash the voters list dated 17.10.2025 published by respondent No.3 - Bank produced as per Annexure-E, and to issue a writ in the nature of Mandamus, directing respondent No.3 - Bank to include the petitioners in the eligible voters list and to permit them to vote and contest in the election that is scheduled to be held on 07.12.2025. 2. Heard Sri. D.R.Ravishnakar, learned senior advocate for Sri. Saravana S., learned counsel for the petitioners, Sri.Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1 and 4, Sri. A.Devaraju, learned counsel for respondent No.2 and Sri. Nataraj Baba K., learned counsel for respondent No.3. Perused the materials on record. 3. Learned senior advocate for the petitioners contended that, only on the ground that the petitioners have not availed the minimum service as per Bye-law No.4(8)(vi)(4), it has been disqualified from either contesting or voting in the election. While drawing the attention of the Court to Bye-laws produced - 4 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 as per Annexure-F, he contended that the amendment disqualifying the petitioners - Societies either to contest or vote in the election was brought with effect from 21.09.2022. Further the Bye-law was approved by the Joint Registrar of Co- operative Societies as per Annexure-F and the amendment came into force with effect from 03.12.2022. Therefore, the petitioners - Societies are having two more years to comply with the requirements and in the meantime, Societies cannot be held to be ineligible either to contest or to vote in the election on such ground. 4. Learned senior advocate further contended that disqualification from voting as provided under Section 17 of KCS Act is entirely different from disqualification from membership under Section 20(2) of KCS Act. He also contended that the said amendment which was brought with effect from 03.02.2016, is referable only to Section 17 and not to Section 20 of KCS Act. Now the relevant portion of the amendment, amending Section 20 was approved on 21.09.2022 in the General Body and brought into effect from 03.12.2022. Therefore, learned senior advocate contended that the amendment of the year 2022 makes it clear that, if - 5 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 minimum service is not availed as per Bye-laws for any 2 Co- operative years out of the last 5 Co-operative years, as referred to in Section 20(2)(a-v) of KCS Act, such members will not have a right to vote at a general meeting or an election of members of the Board for a period of one year. Therefore, the petitioners-Societies are still having 2 more years within which they can satisfy the requirement by utilizing the minimum service. 5. Learned Senior advocate contended that the petitioners - Societies are ready to file an affidavit undertaking to avail the minimum service as required under Section 20(2)(a-v) read with the amended Bye-laws of the Society, within next 2 co-operative years. Under these circumstances, he contends that Annexure-E - the ineligible voters list published by respondent No.3 is liable to be quashed in view of the ensuing election that is scheduled to be held on 07.12.2025. Accordingly, he prays for allowing the petition. 6. Per contra, learned counsel for respondent No.3 and learned AGA for respondent Nos.1 and 4, opposing the petition submit that the Co-ordinate Bench in KC Nagaraja v. State of - 6 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 Karnataka and Ors1 in a similar situation, considered as to whether the Society had availed minimum service for a period of 5 Co-operative years or not, and held that, under Section 20(2)(a-v) of KCS Act, the member therein was ineligible to vote if it fails to avail the minimum service for 2 years out of 5 preceding years. Therefore, the dispute is no more res integra to consider it once again. 7. Learned counsel for respondents also contended that as per order dated 23.11.2020 in KR Puttaraju and Ors v. The State of Karnataka and Ors2 passed by the Co-ordinate Bench of this Court wherein, the petitioners-Societies had approached this Court challenging similar order and was successful in obtaining the interim order, permitting it to contest and vote in the election for respondent No.3 therein, without reference to Section 20(a-iv-v) of the KCS Act. Therefore, the petitioners-Societies were aware of such disqualification even in the year 2020. But again after 5 years when the election is to be held, the petitioners have 1 W.P No. 20979 of 2024 DD. 19.08.2024 2 W.P No. 13176 of 2020 DD 23.11.2020 - 7 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 approached this Court with a similar prayer and therefore, the same is liable to be rejected. 8. Learned counsel for respondents, drawing the attention of the Court to Annexure-F produced by the petitioners contended that the date of amendment was not relevant to be taken into consideration to hold that the petitioners - Societies are having 2 more years to comply with the conditions and to qualify for voting in view of the amended Bye-laws. Learned counsel contended that similar condition was there even earlier, but the period of 3 years that was prevailing was reduced to 2 years by amending the Bye-laws. Hence, the petitioners are not entitled for any relief in the present petition. 9. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petition?" My answer to the above point is in the 'affirmative' for the following: - 8 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 REASONS 10. The petitioners are challenging Annexure-E-the ineligible voters list issued by respondent No.3, disqualifying the petitioners either to contest or to vote in the election that is scheduled to be held on 07.12.2025, for the reason that as per Byelaw No.4(8)(vi)(4), they have not availed minimum service of availing KCC loan and to disburse the same to its members. The said Bye-law referred to in Annexure-F is produced as per Annexure-F. Clause-4(8)(vi)(4) of the Bye-law refers to the requirement for the member to avail minimum service for a period of 3 years, failing which, getting disqualified to be a member. The minimum service referred to therein also includes availing loan from District Central Bank and to disburse the same to its members. 11. Annexure-F refers to the amendment brought to this Clause during 2022. Annexure-F issued by the Joint Registrar of Co-operative Societies approving the Bye-law pertaining to the District Central Co-operative Bank, Bengaluru, highlighted the requirement of Bye-law as prevailing from 2016 till just before bringing the amendment into effect. The proposed amendment which was accepted and approved under - 9 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 Clause-4(8)(vi)(4) referred to in Annexure-F makes it clear that during the preceding 5 years, if the Society fails to avail the minimum services atleast for a period of 2 years, a delegate or a member will be disqualified from voting in the election for a period of 1 year in the General Body Meeting or in the election that is to be held to elect the Board members. 12. When Annexure-E specifically refers to Bye-law No.4(8)(4) to disqualify the petitioners - Societies from voting, obviously it is for not availing the minimum service of availing the loan from the District Central Co-operative Bank and disbursing it to its members. Therefore, the petitioners - Societies can avail such service within a period of 5 years. Since the amendment was brought into force in the year 2022, the said service can be availed in the next two Co-operative years, as from the date of amendment only 3 years have lapsed. Hence, the petitioner can avail such benefit within next 2 years, failing which, it would be disqualified from voting as per the Byelaws. Under such circumstances, I find considerable force in the contentions taken by the learned senior advocate for the petitioner. When there are no other serious lapse are made out as a ground for disqualification, I am of the opinion - 10 - HC-KAR NC: 2025:KHC:48991 WP No. 34876 of 2025 that the petitioners may be permitted to contest and vote in the election that is scheduled to be held on 07.12.2025, subject to the condition that, within 5 years the petitioners-Society shall avail such minimum service and satisfy the requirements of the Bye-laws. 13. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Writ petition is allowed. (ii) The voters list published by respondent No.3 dated 17.10.2025, produced as per Annexure-E disqualifying the petitioners - Societies from contesting and voting, is hereby quashed insofar it relates to the petitioners. (iii) The petitioners are permitted to contest and vote in the election that is scheduled to be held on 07.12.2025, subject to the condition that the petitioners - Societies shall avail minimum service and satisfy the requirements of Bye- laws. SD/- (M G UMA) JUDGE MKM: CT:VS