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2025 DAILYLAW 77573 (KAR)

D MADENAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD., v. THE STATE OF KARNATAKA

WP/29051/2024 · 2025-10-10

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29051 OF 2024 (CS-EL/M) C/W WRIT PETITION NO. 29179 OF 2024 (CS-EL/M) WRIT PETITION NO. 29358 OF 2024 (CS-EL/M) WRIT PETITION NO. 29543 OF 2024 (CS-EL/M) WRIT PETITION NO. 29547 OF 2024 (CS-EL/M) WRIT PETITION NO. 29774 OF 2024 (CS-EL/M) WRIT PETITION NO. 30059 OF 2024 (CS-EL/M) IN WP No. 29051/2024: BETWEEN: 1. D. MADENAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MADENAHALLI, MADHUGIRI TALUK, TUMKUR DISTRICT, BY ITS PRESIDENT, SMT. KAMALAMMA, W/O. RAMACHANDRAPPA, AGED ABOUT 48 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. 2. BRAHMASAMUDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BRAHAMASAMUDRA, MADHUGIRI TALUK, TUMKUR DISTRICT, BY ITS PRESIDENT, SRI. RAMANJANEYA. B, S/O. BHEEMANNA, AGED ABOUT 50 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 3. MIDAGESHI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MIDAGESHI, MADHUGIRI TALUK, TUMKUR DISTRICT, BY ITS PRESIDENT, S. MOPU REDDY, S/O. SADASHIVA REDDY, AGED ABOUT 52 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027. 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107. 4. THE RETURNING OFFICER/ ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, - 3 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS TUMKURU-572 107. BY ITS MANAGING DIRECTOR, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED NIL IN NUMBER NIL VIDE ANNEXURE-E ISSUED BY THE RESPONDENT NOS.3 AND 5 UNION IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC., IN WP NO. 29179/2024 BETWEEN: MUGDALBETTA WOMEN'S MILK PRODUCERS CO-OPERATIVE SOCIETY MUGDALBETTA VILLAGE AND POST, PAVAGADA TALUK, TUMKUR DISTRICT-561202. REPRESENTED BY ITS PRESIDENT. ...PETITIONER (BY SRI. NAGARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY, M.S.BUILDING-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LIMITED, - 4 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS MALLASANDRA, TUMAKURU-562107. REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE DISTRICT COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER, TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT-572107 4. THE MANAGER AND THE NODAL OFFICER (ELEC), TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA, TUMKUR TALUK, TUMKUR DISTRICT-572107 5. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C.BLOCK, SHANTINAGAR, REPRESENTED BY ITS SECRETARY, ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.2; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT ACT OF RESPONDENTS IN CATEGORIZING THE PETITIONER AS INELIGIBLE VOTER WITHOUT FOLLOWING THE DUE PROCEDURE AND CONSIDERING THE NOTIFICATION DATED 05.06.2024 IS VOID AND ARBITRARY AS PER ANNEXURE-C AND ETC. IN WP NO. 29358/2024: BETWEEN: 1. MATHIGATTA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MATHIGATTA, TIPTUR TALUK - 5 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS TUMKUR DISTRICT-57224 BY ITS PRESIDENT SRI. SHIVASWMAY M.S. S/O LATE SIDDAMALLAIAH AGED ABOUT 65 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 2. RAMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., RAMANAHALLI, TIPTUR TALUK TUMKUR DISTRICT-572224 BY ITS PRESIDENT SRI. M. CHANDRAIAH S/O MARULAPPA AGED ABOUT 61 YEARS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR BUS STOP, BENGALURU-560027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107 4. THE RETURNING OFFICER / ASSISTANT ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS - 6 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST TUMKURU-572107 BY ITS MANAGING DIRECTOR REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED NIL IN NUMBER NIL VIDE ANNEXURE-D AND D-1 ISSUED BY THE RESPONDENT NO.3 AND 5 UNION AND ETC. IN WP NO. 29543/2024 BETWEEN: BRAHAMASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BRAMASNDRA TUMKUR TALUK, TUMKUR DISTRICT-572128 BY ITS PRESIDENT SRI. SHIVAKUMARA SWAMY S/O CHANDRARADYA AGED ABOUT 68 YEARS SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) - 7 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR BUS STOP, BENGALURU-560027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107 4. THE RETURNING OFFICER / ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST TUMKURU-572107 BY ITS MANAGING DIRECTOR REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND - 8 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED NIL IN NUMBER NIL VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.3 AND 5 UNION IN SO FAR AS THE PETITIONER SOCIETY IS CONCERNED AND ETC. IN WP NO. 29547/2024 BETWEEN: GANGASAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. GANGASAGARA, PAVAGADA TALUK, TUMKUR DISTRICT-561202 BY ITS PRESIDENT SRI. VENKATESH S/O K.H. CHINNAPAIAH AGED ABOUT 74 YEARS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR BUS STOP, BENGALURU-560027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107 - 9 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 4. THE RETURNING OFFICER / ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST TUMKURU-572107 BY ITS MANAGING DIRECTOR REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED NIL IN NUMBER NIL VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.3 AND 5 UNION AND ETC. IN WP NO. 29774/2024: BETWEEN: 1. HOSPETE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HOSPETE, KORATAGERE TALUK, TUMKUR DISTRICT-572 129 BY ITS PRESIDENT SRI SHIVANANDA H.K S/O KODAPPA AGED ABOUT 63 YEARS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. - 10 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 2. CHIKKASAGGERE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., CHIKKASAGGERE, KORATAGERE TALUK, TUMKUR DISTRICT-572 129 BY ITS PRESIDENT S/O MAHALINGAIAH AGED ABOUT 52 YEARS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. ...PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR BUS STOP, BENGALURU-560027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107 4. THE RETURNING OFFICER / ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST TUMKURU-572107 BY ITS MANAGING DIRECTOR - 11 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST DATED NIL IN NUMBER NIL VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.3 AND 5 UNION SO FAR AS PETITIONER SOCIETIES IS CONCERNED AND ETC. IN WP NO. 30059/2024 BETWEEN: KARIKERE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., KARIKERE, TIPTUR TALUK TUMKUR DISTRICT - 572 224 BY ITS PRESIDENT SRI. SHIVAKUMAR S. S/O SIDDARAMAIAH AGED ABOUT 49 YEARS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001 - 12 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 2. THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR BUS STOP, BENGALURU-560027 3. THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107 4. THE RETURNING OFFICER / ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., N H-206, MALLASANDRA POST, TUMKURU-572107. 5. THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST TUMKURU-572107 BY ITS MANAGING DIRECTOR REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT ...RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2; SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INELIGIBLE VOTERS LIST DATED NIL IN NUMBER NIL VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.3 AND 5 UNION SO FAR AS PETITIONERS ARE CONCERNED AND ETC. - 13 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER In these petitions, the petitioners being the members of primary societies have sought for the following reliefs:- In W.P.Nos.29051/2024, 29358/2024, 29543/2024, 29547/2024, 29774/2024, 30059/2024 (i) Issue a writ in the nature of certiorari or any other appropriate nature quashing the endorsements/ineligible voters lists dated Nil in number Nil issued by the respondent Nos.3 and 5 Union in so far as petitioners are concerned. (ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondent Nos.3 and 5 to permit the petitioner societies to permit to vote in the elections scheduled to be held on 10.11.2024 for the years 2024 to 2029 and conduct the elections to the respondent No.5 Union for the term 2024 to 2029. - 14 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS In W.P.No.29179/2024 (i) Issue a writ of appropriate nature declaring that act of Respondents in categorizing the Petitioner as ineligible voter without following the due procedure and considering the notification dated 05.06.2024 is void & arbitrary as per Annexure C. (ii) Issue a writ of appropriate nature directing the respondents to permit the Petitioner to vote through its representative delegate in the elections to the 2nd Respondent Co- operative society which is scheduled on 10.11.2024, as per the orders passed in WA No.280/2024 i.e., Annexure A. 2. The petitioners contend that the elections to the federal society namely, Tumakuru District Milk Producers Co- operative Societies Union Limited (henceforth referred to as 'District Milk Union') was scheduled on 10.11.2024 for the co- operative year 2024-29. They contend that they had availed minimum services as prescribed under the byelaws and were eligible in all respects to vote and contest at the election to the Managing Committee of District Milk Union. They contend that they have not suffered any disqualification under Section - 15 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act of 1959'). They also contend that they had supplied more than 150 kg milk for a minimum 270 days as prescribed under the byelaws of the District Milk Union. They contend that the terms of Managing Committee of their societies came to an end on the following dates:- Sl. No. Writ Petition Numbers Date on which the term of the managing committee of petitioner -societies came to an end 1. W.P.No.29051/2024 Petitioner No.1 : Petitioner No.2 : Petitioner No.3 : 09.11.2024 14.04.2024 17.03.2024 2. W.P.No.29179/2024 April, 2024 3. W.P.No.29358/2024 April, 2024 4. W.P.No.29543/2024 May, 2024 5. W.P.No.29547/2024 April, 2024 6. W.P.No.29774/2024 Petitioner No.1 : Petitioner No.2 : 09.11.2024 20.10.2024 - 16 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 3. They further contend that the State Government had issued an Order dated 05.06.2024 under Section 121 of the Act of 1959 in view of the elections to the Parliament and had relaxed applicability of Sections 28A(4)(5), 28B, 29F(4), 30(1), 31 and 39A of the Act of 1959 with effect from 07.06.2024. They contend that the code of conduct was in force between the March, 2024 to 06.06.2024 and therefore, election could not be conducted to their Managing Committee and no steps were taken under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules of 1960'). They therefore, claimed that they could not be treated as ineligible members on the ground that their term had expired but yet respondent No.3 had considered them as ineligible members to vote and participate in the election to the Managing Committee of the District Milk Union. 4. The petitioners are therefore, before this Court seeking for a direction to quash the endorsements issued by the District Milk Union including their names in the ineligible voters list and they sought for a writ in the nature of - 17 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS mandamus to permit them to vote in the election to the District Milk Union scheduled on 10.11.2024. 5. This Court in terms of orders dated 28.10.2024, 30.10.2024, 05.11.2024, 06.11.2024 and 08.11.2024 had permitted the petitioners to vote in the elections scheduled on 10.11.2024, which however, was subject to the result of these writ petitions. The petitioners have cast their votes. Later, votes cast by the petitioners were ordered to be counted and results were ordered to be declared. 6. The learned counsel for the petitioners in all these petitions submitted that the term of the Managing Committee of the primary societies came to an end during the period when the Parliamentary election code of conduct was in force and therefore, elections to their respective Managing Committees could not be held. He also contends that no steps were taken for conducting elections and therefore, the petitioners cannot be denied of an opportunity to participate in the election to the Managing Committee of the District Milk Union. He therefore, contends that ineligibility of the petitioners has to be set aside - 18 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS and the votes cast by the petitioners should be treated as valid votes. 7. The learned Additional Advocate General on the other hand submitted that the purpose of these writ petitions is achieved in as much as the petitioners were permitted to cast their votes and therefore, nothing survives for consideration in these writ petitions. 8. When this Court queried the learned Additional Advocate General as to how the petitioners could be treated as ineligible when the elections to the Managing Committee of primary societies were not held and there were no orders either under Sections 28A(4)(5), 28B, 29F(4), 30(1), 31 and 39A of the Act of 1959, the learned Additional Advocate General fairly submitted that the petitioners cannot be held responsible for non-conduct of the elections. 9. It is not in dispute that the term of the Managing Committee of the primary societies came to an end either during the period when the Parliamentary election code of conduct was in force or later and therefore, elections to the - 19 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS Managing Committee of these primary societies could not be held. The State Government had cured the deficiency by issuing a notification dated 05.06.2024 and had relaxed applicability of Sections 28A(4)(5), 28B, 29F(4), 30(1), 31 and 39A of the Act of 1959 with effect from 07.06.2024. In respect of those societies where the term of the Managing Committee expired after the code of conduct came into force, no steps were taken for issuing a declaration under Rule 14 of the Rules of 1960 and no steps were taken under Rule 13-D of the Rules of 1960. On the contrary, by the notification dated 05.06.2024, the existing Managing Committee were continued till a new committee was elected. Under the circumstances, as rightly contended by the learned counsel for the petitioners, the petitioners could not have been deprived of participating in elections to the District Milk Union. Therefore, it is held that the impugned endorsements/ineligibility voters lists issued by the Election Officer and District Milk Union treating the petitioners as ineligible to vote at the elections to the Managing Committee of the District Milk Union, are egregiously wrong and deserve to be set at nought. - 20 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS 10. In view of the above, following order is passed: ORDER (i) These writ petitions are allowed in part. (ii) The impugned endorsements/ineligible voters lists issued by the Election Officer that the petitioners are ineligible to cast their votes at the election of the Tumakuru District Milk Producers Co-operative Societies Union Limited are set aside. Consequently, the votes cast by the petitioners at the elections held on 10.11.2024 to the Managing Committee of the Tumakuru District Milk Producers Co-operative Societies Union Limited are treated as valid. (iii) Since the petitioners were permitted to cast their votes, the relief sought for in the writ petitions for a direction to the Returning Officer to permit them to cast vote does not survive. (iv) As the result of the election of the Managing Committee of Tumakuru District Milk Producers Co- operative Societies Union Limited is already - 21 - HC-KAR NC: 2025:KHC:42094 WP No. 29051 of 2024 C/W WP No. 29179 of 2024 WP No. 29358 of 2024 AND 4 OTHERS declared, no further orders need to be passed in these writ petitions. (v) It is needless to mention that this order is passed in the peculiar facts and circumstances of the case. 11. In view of disposal of the writ petitions, pending I.As., if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 0