- 1 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 26141 OF 2025 (CS-EL/M) BETWEEN: 1. ASWINI W/O RAJASHEKAR AGED ABOUT 38 YEARS SHARE NO 3 2. NETHRA W/O KUMAR AGED ABOUT 40 YEARS SHARE NO. 1 3. MAHADEVARU W/O SIDDEMALLAPPA AGED ABOUT 68 YEARS SHARE NO. 2 4. KAMALAMMA W/O KENDAKANNEGOWDA AGED ABOUT 60 YEARS SHARE NO. 17 5. SARASWATHI W/O GOVINDEGOWDA AGED ABOUT 50 YEARS SHARE NO. 18 6. CHANDRIKA J M W/O N R MAHADEVASWAMY AGED ABOUT 30 YEARS SHARE NO.20 7. SHAILA W/O SHIVAKUMAR AGED ABOUT 40 YEARS SHARE NO.24 Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 8. PREAMA W/O PUTTEGOWDA AGED ABOUT 50 YEARS SHARE NO.26 9. RATHNAMMA W/O VEERAPPA AGED ABOUT 50 YEARS SHARE NO.29 10. MANJULA W/O LOKESH AGED ABOUT 42 YEARS SHARE NO.35 11. SHASHIKALA W/O KALEGOWDA AGED ABOUT 41 YEARS SHARE NO.37 12. SAROJAMMA W/O SHIVANNE GOWDA AGED ABOUT 65 YEARS SHARE NO.39 13. NEELAMMA W/O SHIVAPPA AGED ABOUT 64 YEARS SHARE NO.41 14. NINGAJAMMA W/O NANJUNDASWAMY AGED ABOUT 65 YEARS SHARE NO.47 15. YASHODA W/O MALLESH AGED ABOUT 43 YEARS SHARE NO.48 16. SHIVAMMA W/O PAPARMA AGED ABOUT 55 YEARS - 3 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 SHARE NO. 50 17. RATHNAMMA W/O THIMMEGOWDA AGED ABOUT 50 YEARS SHARE NO.54 18. NEELAMMA W/O BASAVARAJU AGED ABOUT 35 YEARS SHARE NO.56 19. MANGALAGOWRAMMA W/O RAMA AGED ABOUT 42 YEARS SHARE NO.58 20. MANI W/O PUTTARAMA AGED ABOUT 46 YEARS SHARE NO.59 21. JAVARAMMA W/O RAMESH AGED ABOUT 40 YEARS SHARE NO.62 22. MANASA W/O RAJENDRA AGED ABOUT 40 YEARS SHARE NO. 69 23. NANJAMMA W/O GURUSWAMY AGED ABOUT 70 YEARS SHARE NO.73 24. DEVIRAMMA W/O CHENNINGEGOWDA AGED ABOUT 50 YEARS SHARE NO.77 25. MAHADEVI W/O GOVINDEGOWDA - 4 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 AGED ABOUT 42 YEARS SHARE NO.78 26. SHRUTHI W/O LATE SHEKARA AGED ABOUT 35 YEARS SHARE NO.79 27. JAYAMMA W/O LATE CHIKKANNE GOWDA AGED ABOUT 65 YEARS SHARE NO.82 28. VARALAKSHMI W/O GIRIGOWDA AGED ABOUT 42 YEARS SHARE NO.83 29. KEMPAMMA W/O KENDAGANNEGOWDA AGED ABOUT 55 YEARS SHARE NO.95 30. KAVYA W/O MADHU AGED ABOUT 32 YEARS SHARE NO.96 31. VEENA W/O BIRESH AGED ABOUT 40 YEARS SHARE NO.98 32. SHASHIKALA W/O PRABHU AGED ABOUT 40 YEARS SHARE NO. 103 33. MAHADEVAMMA W/O LATE MAHADEVAPPA AGED ABOUT 60 YEARS SHARE NO. 115 ALL ARE MEMBERS OF MILK PRODUCERS WOMEN'S CO-OPERATIVE - 5 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 SOCIETY LTD., NANJANAYAKANAHALLI, NANJANAYAKANAHALLI VILLAGE, KASABA HOBLI, H D KOTE TALUK, MYSURU DISTRICT-571114. …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE STATE OF KARNATAKE, DEPARTMENT OF CO- OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-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 DEPUTY REGISTER OF CO-OPERATIVE SOCIETIES, MYSURU DIVISION, MYSURU DISTRICT- 570001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HONASURU SUB-DIVISION, HONASURU TALUK, MYSURU DISTRICT - 571106. 5. MILK PRODUCERS WOMEN'S CO-OPERATIVE SOCIETY LTD NANJANAYAKANAHALLI VILLAGE, KASABA HOBLI, K. YADATHORE POST, H D KOTE TALUK MYSURU DISTRICT-571114 REPRESENTED BY ITS CEO (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT- 1959) - 6 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 6. RETURNING OFFICER MILK PRODUCERS WOMEN'S CO-OPERTIVE SOCIETY LTD., NANJANAYAKANAHALLI, NANJANAYAKANAHALLI VILLAGE, KASABA HOBLI, K YADATHORE POST K D KOTE TALUK, MYSURU DISTRICT- 571114. (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT- 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3, R4 AND R6; SRI. A. DEVARAJ, ADVOCATE FOR R2; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 6 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTES IN THE ELECTIONS TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 30.08.2025 IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioners and learned Additional Government Advocate for respondent Nos.1, 3, 4 and 6. - 7 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 2. The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent Nos.2 to 6 to include their names in the eligible voters list and permit them to cast their votes in the election that was scheduled to be held on 30.08.2025 to respondent No.5-Society. 3. Learned Additional Government Advocate submits that as per the interim order dated 28.08.2025, the petitioners were permitted to cast their votes in the election that was scheduled to be held on 30.08.2025 directing respondent No.6 to proceed to declare the election result without counting the votes cast by the petitioners. Accordingly, they have cast their votes. However, election result is not yet declared. The petitioners have not raised dispute under Section 70 of the Karnataka Co- operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Therefore, he prays for passing appropriate orders. 4. The petitioners have made several grounds by filing the petition bypassing the efficacious alternative and statutory remedy that is available to raise the dispute under Section 70 - 8 - HC-KAR NC: 2025:KHC:52592 WP No. 26141 of 2025 of the KCS Act. The urgency in the matter was that the election was already held on 30.08.2025. Now they have already cast their votes and the same is reserved in the separate box. Under such circumstances, I do not find any reason to entertain the petition bypassing statutory remedy available to the petitioners. 5. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, to raise the dispute under Section 70 of the KCS Act, if they are advised to do so, within ten days from the date of receipt of the copy of this order. In the meantime, the Returning Officer-respondent No.6 is directed to announce the election result without counting the votes already cast by the petitioners. SD/- (M G UMA) JUDGE MKM List No.: 2 Sl No.: 2