Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43958 WP No. 31901 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31901 OF 2025 (CS-EL/M) BETWEEN:
SRI. SRINIVASA, S/O. THIMMEGOWDA, AGED ABOUT 50 YEARS, R/A. G MALLENAHALLI, DABBEGHATTA POST, TURUVEKERE TALUK, TUMKUR - 572 112. …PETITIONER (BY SRI. SAILESH S KATAREY, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S BUILDING, BENGALURU 560 001.
2.
THE CO-OPERATIVE ELECTION AUTHORITY.
3RD FLOOR, SHANTHINAGAR, T.T.M.C 'A' BLOCK, K. H. ROAD, SHANTHINAGAR, BENGALURU - 560 027.
3.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER, TURUVEKERE, TUMKUR DISTRICT, TUMKUR - 573 124,
4.
PLD BANK, PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, TURUVEKERE, TUMKUR-573124.
REPT. BY ITS CHIEF EXECUTIVE OFFICER/SECRETARY.
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:43958 WP No. 31901 of 2025
5.
THE RETURNING OFFICER PLD BANK, PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, TURUVEKERE, TUMKUR-573124. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & 3 SRI. A. DEVARAJ, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A). ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THE ACT OF THE RESPONDENTS, CATEGORIZING THE PETITIONER AS AN ELIGIBLE VOTER, TO 4TH RESPONDENT BANKS ELECTIONS FOR THE CO- OPERATIVE YEAR 2025-26 TO 2029-30, WITHOUT FOLLOWING MANDATE OF RULE 13-D (2-A) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES 1960 AS PER ANNEXURE C 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 respondents No.1 and 3.
2. The petitioner is seeking issuance of writ in the nature of Mandamus, directing respondent No.4 to include his name in the eligible voters' list and permit him to contest and cast vote in the election that was scheduled to be held on 02.11.2025 for the term 2025-26 to 2029-30.
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HC-KAR NC: 2025:KHC:43958 WP No. 31901 of 2025
3. Learned Additional Government Advocate submits that, as per the interim order dated 24.10.2025, the petitioner was permitted to contest and cast vote in the election that was held on 02.11.2025 subject to final outcome of the petition. The petitioner has not raised dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'). before the appropriate authority and therefore, he prays for passing appropriate orders.
4. Learned counsel for the petitioner submits that he has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter.
5. Now the purpose of the petitioner is served and he was permitted to contest and cast vote in the election and cast vote that was held on 02.11.2025. Since the petitioner is challenging Annexure-C, he will have the alternative remedy to raise dispute under Section 70 of the KCS Act before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act.
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HC-KAR NC: 2025:KHC:43958 WP No. 31901 of 2025
6. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70, within two weeks from today. In the meantime, the Returning Officer-respondent No.5 is directed to announce the election without considering the nomination and without counting the vote cast by the petitioners.
Sd/- (M G UMA) JUDGE
MKM CT:VS List No.: 2 Sl No.: 13