- 1 - HC-KAR NC: 2025:KHC:53331 WP No. 31501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31501 OF 2025 (CS-EL/M) BETWEEN: PRIMARY AGRICULTURAL CREDIT CO-OP SOCIETY LTD, DEVIGERE, HOSADURGA TALUK. CHITRADURGA DISTRICT-577527. REP BY ITS PRESIDENT SRI. H.L. MANJUNATH S/O H.P. LAKKAPPA AGED ABOUT 40 YEARS, THE PETITIONER SOCIETY IS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959, SECTION 7 (2) …PETITIONER (BY SRI. MANU SHANKAR S S., ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR AMBEDKAR VEEDI, BANGALORE - 560 001. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU - 560 001. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITRADURGA SUB-DIVISION. CHITRADURGA - 577 502. 4. RETURNING OFFICER HOSADURGA TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53331 WP No. 31501 of 2025 SOCIETY LTD AND CO-OPERATIVE DEVELOPMENT OFFICER HOSADURGA TALUK, HOSADURGA MAIN ROAD, HOSADURGA, CHITRADURGA DISTRICT-577527. 5. CHIEF EXECUTIVE OFFICER, HOSADURGA TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD, MAIN ROAD, HOSADURGA TOWN, HOSADURGA TALUK, CHITRADURGA DISTRICT-577527 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 & R4 SRI. A. DEVARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT SECTION 20(20)(A-V)(A- V) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA. 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 petitioner has approached this Court challenging the vires of Section 20(20)(a-v)(a-v) of the Karnataka Co-operative Societies Act (for short, 'the KCS Act'); issuance of writ in the nature of Mandamus, directing respondents to conduct the election to respondent No.5 - Society for the term 2025-2030 and to direct respondent No.5 to allow him to contest and vote in the election that is scheduled to be held on 26.10.2025. - 3 - HC-KAR NC: 2025:KHC:53331 WP No. 31501 of 2025 2. Learned Additional Government Advocate submits that the vires of Section 20(20)(a-v)(a-v) of KCS Act is already up-held by this Court as per the order passed in W.P.No.48973/2019. 3. He further submits that the election as scheduled is already held on 26.10.2025. Under such circumstances, the petition has been rendered infructuous. 4. His submissions are noted. 5. In view of the above, I proceed to pass the following: ORDER (i) Petition is dismissed as having become infructuous. (ii) Liberty is reserved to the petitioner to raise the dispute before the appropriate authority invoking Section 70 of the KCS Act, if it is advised to do so, within ten days from the date of receipt of copy of this order. Sd/- (M G UMA) JUDGE MKM : CT:VS