- 1 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1933 OF 2025 (CS-EL/M) BETWEEN: 1. SRI NARAYANASWAMY S/O. SRI CHIKKACHANNAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.46 2. SMT. GAYITHRI W/O N. MURALI AGED ABOUT 34 YEARS MEMBERSHIP NO.03 3. SRI NARAYANASWAMY S/O BACHAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO.08 4. SRI T.N. SRINIVASA S/O NARAYANAPPA AGED ABOUT 43 YEARS MEMBERSHIP NO.18 5. SRI GANGAPPA S/O ANJINAPPA AGED ABOUT 75 YEARS MEMBERSHIP NO.31 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 6. SRI DEVARAJU T.N. S/O NAGAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.65 7. SRI DYAVAPPA S/O VENKATARAYAPPA AGED ABOUT 53 YEARS MEMBERSHIP NO.68 8. SRI ANJINAPPA S/O NARAYANAPPA AGED ABOUT 80 YEARS MEMBERSHIP NO. 104 9. SRI SIDDACHANNAKRISHNAPPA S/O MUNIYAPPA AGED ABOUT 56 YEARS MEMBERSHIP NO.104 10. SRI KRISHNAPPA S/O MOPIRAPPA AGED ABOUT 73 YEARS MEMBERSHIP NO.148 11. SMT. MUNILAKSHMAMMA W/O RAMACHANDRAPPA AGED ABOUT 50 YEARS MEMBERSHIP NO.153 12. SMT. KRISHNAMMA W/O NANJUNDAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO.163 13. SRI R. MANJUNATHA S/O RAMAKRISHNAPPA - 3 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 AGED ABOUT 47 YEARS MEMBERSHIP NO. 166 14. SRI NARASHIMAPPA S/O DODDAMUNISHAMAPPA AGED ABOUT 71 YEARS MEMBERSHIP NO.190 15. SMT. NIRMALAMMA @ NIRMALA D/O CHANNAKRISHNAPPA AGED ABOUT 40 YEARS MEMBERSHIP NO.197 16. SMT. RUKMINIYAMMA W/O NARAYANASWAMY AGED ABOUT 55 YEARS MEMBERSHIP NO.207 17. SRI NARAYANASWAMY S/O CHIKKACHANNAPPA AGED ABOUT 63 YEARS MEMBERSHIP NO.216 18. SMT. SARASWATHAMMA W/O RAMAKRISHNAPPA AGED ABOUT 48 YEARS MEMBERSHIP NO.217 19. SMT. CHANAKRISHNAMMA W/O NARAYANASWAMY AGED ABOUT 50 YEARS MEMBERSHIP NO.218 20. SRI R. MANJUNATHA S/O RAMAPPA AGED ABOUT 48 YEARS MEMBERSHIP NO.222 - 4 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 21. SMT. SARASWATHAMMA W/O HANUMANTHAPPA AGED ABOUT 49 YEARS MEMBERSHIP NO.179 22. SMT. MANJULAMMA W/O DEVARAJA T.N AGED ABOUT 41 YEARS MEMBERSHIP NO.132 23. SRI ASHOK V. S/O. VENKATAREDDY AGED ABOUT 39 YEARS MEMBERSHIP NO.07 24. SRI ANJINAPPA S/O NARASAPPA AGED ABOUT 59 YEARS MEMBERSHIP NO. 133 25. SMT. RATHNAMMA W/O NARAYANAPPA AGED ABOUT 45 YEARS MEMBERSHIP NO.156 ALL APPELLANTS ARE THE MEMBERS OF CHIKKATHEKAHALLI MILK PRODUCERS CO-OP SOCIETY LTD., CHIKKATHEKAHALLI VILLAGE CHIKKABALLAPURA DISTRICT - 562 105 BASHETTIHALLI HOBLI SIDDLAGATTA TALUK - 5 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 (A SOCIETY REGISTERED UNDER THE PROVISION OF THE KARNATAKA CO-OP SOCIETIES ACT, 1959) …APPELLANTS (BY SRI D.R. RAVISHANKAR, SENIOR ADVOCATE A/W SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPT. BY ITS PRINCIPAL SECRETARY 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGAR BANGALORE - 560 027 REPT. BY ITS SECRETARY 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPURA DIVISION DISTRICT CHIKKABALLAPURA - 562 101 4. THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES CHIKKABALLAPURA SUB DIVISION CHIKKABALLAPURA - 562 101 5. THE RETURNING OFFICER CHIKKATHEKAHALLI MILK PRODUCERS - 6 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 CO-OP SOCIETY LTD CHIKKATHEKAHALLI VILLAGE BASHETTIHALLI POST AND HOBLI SIDDLAGATTA TALUK CHIKKABALLAPURA - 562 105 6. CHIKKATHEKAHALLI MILK PRODUCERS CO-OP, SOCIETY LTD CHIKKATHEKAHALLI VILLAGE BASHETTIHALLI HOBLI SIDDLAGATTA TALUK CHIKKABALLAPURA - 562 105 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1, 3 & 4, SRI PRUTHVI WODEYAR, ADVOCATE FOR C/R-6) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 07.11.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. No.30485 OF 2025 (CS-EL/M) AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 07.11.2025 passed by the learned Single Judge of this Court in W.P.No.30485/2025 (CS-EL/M). 2. The appellants had filed the said writ petition, inter alia, impugning the final list of ineligible voters, which was prepared and published by respondent No.5 [the Returning Officer] in respect to the elections to the Managing Committee of respondent No.6 [the Society]. The appellants also prayed that a writ in the nature of mandamus be issued directing the Returning Officer to include the names of the appellants in the list of eligible voters. 3. The Society is registered under the provisions of the Karnataka Co-operative Societies Act, 1959 [the 1959 Act]. 4. On 01.10.2025, the Returning Officer had issued a calendar of events in respect to the elections of the managing committee of - 8 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 the Society, which was scheduled to be held on 19.10.2025. The names of the appellants were shown in the list of ineligible voters. In view of the above, the appellants had filed the writ petition, which was disposed of by the impugned order. 5. The averments made in the writ petition indicate that some of the appellants were included in the ineligible list as they had not attended requisite number of general body meetings held preceding the elections and thus, in terms of the relevant statute they were ineligible to vote in the said elections. Further, some of the appellants had not conducted minimum transactions or availed the minimum threshold of services, which was required for them to be eligible to participate in the elections. 6. The learned Single Judge had declined to entertain the writ petition on the ground that the appellants had a remedy under Section 70 of the 1959 Act. 7. There is no cavil that if aggrieved on account of being considered as ineligible to participate in the election, it is open for the appellants to avail their remedy by raising a dispute under Section 70 of the 1959 Act as noted by the learned Single Judge. - 9 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 Thus, the learned Single Judge had declined to entertain the petition. 8. Pursuant to the interim order passed in the petition, the appellants were permitted to cast their votes which was kept separately. Since the petition was not entertained, the appellants could derive no benefit from the interim orders passed by the court. 9. The learned Senior Counsel appearing for the appellants submits that the declaration of the results be withheld till the appellants avail the alternate remedy to which they are relegated. 10. It is apparent that the question; whether the appellants were entitled to vote, involve certain disputed questions of fact. Whilst, it is not disputed that the appellants have not attended the threshold number of meetings prior to the elections, the appellants claim that no proper notices were issued in respect of the said meetings. Additionally, there were mitigating circumstances resulting from the outbreak of COVID-19 that prevented the appellants from participating in the meetings. - 10 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 11. Evaluation of the said contentions would require adjudication of questions of fact and we are of the view that it would not be apposite to do so in these proceedings. 12. The learned Senior Counsel for the appellants submits that since a large number of voters have been held to be ineligible, the 13 members governing body would be constituted, effectively, on the basis of votes cast only by twenty-six members. He submits that the elected body would thus not be representative of the members. 13. We are not persuaded to accept that any interference of this Court is warranted for the aforesaid reason. If it is correct that the appellants have incurred their ineligibility as per the statute, the appellants cannot be permitted to participate in the elections. Plainly, no relief can be directed contrary to the statute. 14. We find no ground to interfere with the impugned order. The appeal is accordingly dismissed. - 11 - HC-KAR NC: 2025:KHC:50392-DB WA No. 1933 of 2025 15. Needless to state that if the appellants avail the alternative remedy, they are also at liberty to request the concerned authorities for an expeditious disposal of their disputes. 16. Pending application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 22