- 1 - HC-KAR NC: 2025:KHC:25502 WP No. 14756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14756 OF 2025 (CS-RES) BETWEEN: SHRIPATIHALLI MILK PRODCUERS CO-OPERATIVE SOCIETY, SHRIPATHIHALLI, KASABA HOBLI MAGADI TALUK RAMANAGAR DISTRICR -562 120. REPRESENTED BY ITS SECRETARY SRI. BABU RAO S/O LATE VENKOBA RAO AGED ABOUT 54 YEARS R/O SHRIPATHIHALLI KASABA HOBLI, MAGADI TALUK RAMANAGAR DISTRICT - 562 120. …PETITIONER (BY SRI. SHIVA KUMAR N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES VIDHANA SOUDHA DR. B.R. AMBEDKAR STREET BENGALURU - 560 001 BY ITS SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25502 WP No. 14756 of 2025 2. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, NEAR RAJ BHAVAN VASANTH NAGAR BENGALURU - 560 052. THE CHIEF MANAGER BANGALORE CITY, BANGALORE RURAL AND RAMANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD., BANGALORE DAIRY YARD, KMF COMPLEX, PB NO.2915 D.R. COLLEGE POST, DR. MARIGOWDA ROAD, BANGALORE - 560 029. …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR AAG, A/W SRI. YOGESH D. NAIK AGA FOR R1 AND R2; SRI. B.L SANJEEV.,ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 14.05.2025 ISSUED BY THE OFFICE OF THE R3 IN REFUSING TO ISSUE DELEGATION FROM THE FAVOUR OF THE PETITIONER SOCIETY. A TRUE COPY OF THE ENDORSEMENT IS HEREBY PRODUCED AS ANNEXURE -A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:25502 WP No. 14756 of 2025 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: ''i. Issue a writ of certiorari quashing the endorsement dated 08/05/2025 bearing No.BAMUL/SHE.TAM- A.CHU/265/2024-25 dated 06.05.2025 issued by Respondent No.6 vide Annexure-P. ii. Issue a writ of mandamus directing the Respondent nos.3 to 6 to permit the representative of petitioner No.1 i.e., the petitioner No.2 to cast his vote as delegate in the ensuing election of respondent No.6 scheduled on 25.05.2025. iii. Pass such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued. '' 2. The term of the petitioner-society having expired on March 2025. Subsequently, elections were held on 04.05.2025 and thereafter the elections to the post of President and Vice President was held on 08.05.2025. In the meeting held on 11.05.2025, The said delegation was rejected on the ground that the last date for submitting the delegation form was 06.05.2025, the delegation having submitted belatedly on 11.05.2025 could not be accepted. By interim order dated 25.05.2025, this Court had permitted the petitioner to vote at the said election which was scheduled on 25.05.2025 by keeping the vote of the petitioner in a - 4 - HC-KAR NC: 2025:KHC:25502 WP No. 14756 of 2025 separate ballot box, in persons of which the petitioner has voted. 3. Considering that the delay in submitting the delegation form was solely on account of the delay in holding the election to the society and the subsequent elections to the post of the President and Vice President and thereafter the meeting was held and nomination was submitted. There being no other disqualification of the Society from participating in the election process, I am of the considered opinion that the delay in submitting the delegation form of two days would be required to be condoned and as such the same not having any material impact on the elections by virtue of the interim order, the petitioner being permitted to vote at the election. The Vote cast by the petitioner would have to be counted and election results announced. 4. As such, I pass the following: - 5 - HC-KAR NC: 2025:KHC:25502 WP No. 14756 of 2025 ORDER 1. Writ petition is partly allowed. 2. Since the delegation form has already been accepted and petitioner has been permitted to vote, the said vote shall be counted and the results be announced as expeditiously as possible preferably within a period of seven days from date of receipt of certified copy of the Order. SD/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 1 Sl No.:24.8