- 1 - HC-KAR NC: 2025:KHC:44638 WP No. 30604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 30604 OF 2025 (CS-RES) BETWEEN: 1. K.P.T.C.L EMPLOYEES CO-OPERATIVE SOCIETY LTD., UMBLEBAILU ROAD, MESCOM OFFICE BUILDING BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577301, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 REPRESENTED BY ITS DELEGATE, SRI. HEMANNA .G, S/O GANGADHARAPPA, AGED ABOUT 57 YEARS. 2. SRI. GURU SIDDARAMAESHWAR BHOVI MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., BHOVI COMPLEX, BALARAJ URS ROAD, SHIVAMOGGA DISTRICT-577201, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, REP. BY ITS DELEGATE SRI. P. KAUSHIK CHANDAN, S/O LATE PURUSHOTTAM, AGED ABOUT 42 YEARS. 3. MADIWALA CO-OPERATIVE SOCIETY LTD., ANUPINAKATTE ROAD, SWAMI VIVEKANANDA LAYOUT, SHIVAMOGGA DISTRICT-577204, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, REP. BY ITS DELEGATE, SRI. C.S CHANDRABHUPAL, AGED ABOUT 73 YEARS, 4. SHIVAMOGGA DISTRICT WOMEN'S MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., M.I.G 274, KALLAHALLI 2ND STAGE, KHB COLONY, VINOBANAGAR, SHIVAMOGGA DISTRICT-577204. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, REP. BY ITS DIRECTOR/DELEGATE, SMT. ZEENATH GHOUSE, W/O MOHAMMED GHOUSE, AGED ABOUT 65 YEARS. Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44638 WP No. 30604 of 2025 5. SHIVAMOGGA DISTRICT POLICE EMPLOYEES CREDIT CO-OPERATIVE SOCIETY LTD., DISTRICT POLICE OFFICE BUILDING B H ROAD, SHIVAMOGGA DISTRICT-577201, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, REP. BY ITS DELEGATE, SRI. M. ARUN KUMAR, S/O M.V OMKARAPPA, AGED ABOUT 46 YEARS. …PETITIONERS (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE-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 SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., 2ND PHASE, VINOBANAGAR, SHIVAMOGGA DISTRICT-577204 REPRESENTED BY ITS CEO. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 4. THE RETURNING OFFICER, THE SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., 2ND PHASE, VINOBANAGAR, SHIVAMOGGA DISTRICT-577204 AND ALSO AT ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAGAR SUB-DIVISION, SAGAR TALUK, SHIVAMOGGA …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 THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 - 3 - HC-KAR NC: 2025:KHC:44638 WP No. 30604 of 2025 AND 4 TO INCLUDE THE NAME OF THE PETITIONER SOCIETY IN THE FINAL ELIGIBLE VOTERS LIST AT ANNX-D AND PERMIT THE PETITIONERS TO CAST ITS VOTE IN THE UPCOMING ELECTIONS TO R-3 SOCIETY WHICH IS SCHEDULE TO BE HELD ON 12.10.2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED 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 The petitioners - Societies have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.3 and 4 to include their names in the final eligible voters list produced as per Annexure-D and permit them to cast vote in the upcoming election of respondent No.3 - Society, which is scheduled on 12.10.2025. 2. As per the interim order dated 10.10.2025 passed by this Court, respondent No.4 - Returning Officer was directed to permit petitioner No.4 - Society to cast vote in the election and to keep the vote cast by petitioner No.4 in a separate sealed cover, awaiting further orders from this Court. - 4 - HC-KAR NC: 2025:KHC:44638 WP No. 30604 of 2025 3. Now it is stated that the election was held and petitioner No.4 has already cast vote, which is kept separately by respondent No.4 as per the direction of this Court. 4. In view of the above, if at all the petitioners are required to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, so noting remains to be considered by this Court. Hence, I proceed to pass the following: ORDER i) The petition is disposed off. ii) Respondent No.4 is directed to declare the result of election held of respondent No.3 - Society, without counting the vote cast by petitioner No.4. ii) However, liberty is reserved to the petitioners to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, if they are advised to do so; - 5 - HC-KAR NC: 2025:KHC:44638 WP No. 30604 of 2025 In view of the disposal of writ petition, pending interlocutory applications do not survive for consideration. Hence, the same are disposed off. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 3 Sl No.: 4