- 1 - HC-KAR NC: 2025:KHC:53332 WP No. 29594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 29594 OF 2025 (CS-EL/M) BETWEEN: VIVIDDODESHA PRIMARY RURAL AGRICULTURAL CO OPERATIVE SOCIETY LTD, B G PURA VILLAGE AND POST MALAVALLI TALUK MLANDYA DISTRICT-571417 REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959, REP BY ITS DIRECTOR, SRI B P KRISHNAMURTHY, S/O B PUTTANNA, AGED ABOUT 38 YEARS …PETITIONER (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION MS BUILDING, BANGALOE 560001 REP BY ITS PRINCIPAL SECRETARY 2. THE STATE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR TTMC 'A' BLOCK K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027 REP BY ITS SECRETARY 3. THE MALAVALLI TALUK AGRICULTURAL PRODUCE CO OPERATIVE MARKETING AND PROCESSING SOCIETY LTD, MALAVALLI TALUK, MANDYA DISTRICT 571430 REP BYITS CEO, REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 4. THE RETURNING OFFICER THE MALAVALLI TALUK AGRICULTURAL PRODUCE CO OPERATIVE MARKETING AND PROCESSING SOCIETY LTD AND Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53332 WP No. 29594 of 2025 TAHSILDAR MALAVALLI TALUK MANDYA DISTRICT - 571 430 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R4 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT ACCEPT THE DELEGATION FROM AND NO.3 AND 4 TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-F 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 petitioner and learned Additional Government Advocate for respondent Nos.1 and 4. 2. The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent Nos.3 and 4 to accept the delegation form; to include his name in the final eligible voters' list and permit him to cast his vote in the election that was scheduled to be held on 28.09.2025 for respondent No.3 - Society. - 3 - HC-KAR NC: 2025:KHC:53332 WP No. 29594 of 2025 3. Learned Additional Government Advocate submits that, as per the interim order dated 25.09.2025, the petitioner was permitted to cast his vote in the election that is already held directing respondent No.4 to announce the result of the election without counting the vote cast by the petitioner and therefore, he prays for passing appropriate orders. 4. The petitioner has raised several grounds in the petition. There is efficacious and statutory remedy available for the petitioner to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'). Now the petitioner has already cast his vote and the same is preserved in a separate box. Under such circumstances, I do not find any reason to keep the petition pending bypassing the statutory remedy that is available to the petitioner. 5. In view of the above, the following: ORDER (i) The petition is dismissed. (ii) The petitioner is at liberty to raise the dispute before the appropriate authority under Section - 4 - HC-KAR NC: 2025:KHC:53332 WP No. 29594 of 2025 70 of the KCS Act, if he is advised to do so, within ten days from the date of receipt of the copy of this order. (iii) The Returning Officer-respondent No.4 is directed to announce the election result without counting the vote already cast by the petitioner, if the election result is not yet declared. Sd/- (M G UMA) JUDGE MKM CT:VS