- 1 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107368 OF 2024 (CS-EL/M) C/W WRIT PETITION NO. 107406 OF 2024 IN W.P. NO. 107368/2024 BETWEEN: 1. CHANNABASAPPA S/O. LAXMAPPA TOTAGI, AGE: 40 YEARS, OCC: AGRICULTURE,, R/O. NEAR LAXMI TEMPLE, CHIPPALKATTI-591130 TQ: RAMDURG, DIST: BELAGAVI. 2. LAKKAPPA S/O. BIRAPPA HALAPPAGOL, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. KUNNAL-591114, TQ: RAMDURG, DIST: BELAGAVI. 3. RAMANNA S/O. YENKAPPA HANCHINAL, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. KUNNAL-591114, TQ: RAMDURG, DIST: BELAGAVI. 4. MUTTAPPA S/O. RAMAPPA JAMBAGI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. KUNNAL-591114, TQ: RAMDURG, DIST: BELAGAVI. 5. BASAVARAJ S/O. RAMAPPA KERI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 6. PRAMOD S/O. BHEEMAPPA SINGARI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. 7. BHIMAPPA S/O. RANGAPPA SINGARI, AGE: 74 YEARS, OCC: AGRICULTURE, R/O. MUTAGA-591124, TQ: RAMDURG, DIST: BELAGAVI. 8. KIRAN KUMAR S/O. BHIMAPPA SINGARI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. # 852, NILAJI CROSS, KANCHAVOOR NAGAR, MUTAGA-591124 TQ: HUKERI, DIST: BELAGAVI. 9. RACHAYYA S/O. BASAYYA HOSUR @ HIREMATH AGE: 35 YEARS, OCC: AGRICULTURE, R/O. CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. 10. BASAYYA S/O. RACHAYYA HOSUR @ HIREMATH AGE: 68 YEARS, OCC: AGRICULTURE, R/O. CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. 11. SIDDAPPA S/O. BHIMAPPA MAYANNAVAR, AGE: 84 YEARS, OCC: AGRICULTURE, R/O. CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. 12. YALLAPPA S/O. HANAMANT JATAGANNAVAR, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. # 51, HOSUR, CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. 13. MALLANAGOUDA S/O. DUNDANAGOUDA PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. NEAR HANAMANT TEMPLE, HOSUR, CHIPPALKATTI-591130, - 3 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 TQ: RAMDURG, DIST: BELAGAVI. 14. GOUDAPPA S/O. SANGAPPA KERI, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. CHIPPALKATTI-591130, TQ: RAMDURG, DIST: BELAGAVI. 15. SMT. NEELAVVA W/O. RACHAPPA JANAMATTI, AGE: 83 YEARS, OCC: HOUSEHOLD WORK, R/O. K. CHANDARAGI-591114, TQ: RAMDURG, DIST: BELAGAVI. 16. HANAMANTGOUDA S/O. FAKIRAGOUDA PATIL, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. HIREKOPPA K.S, MURAKATNAL-591114, TQ: RAMDURG, DIST: BELAGAVI. 17. DR. RAVEENDRA S/O RUDRAPPA ANTEEN, AGE: 74 YEARS, OCC: MEDICAL PRACTITIONER, R/O. CHIPPALKATTI-591114, TQ: RAMDURG, DIST: BELAGAVI …PETITIONERS (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS THE SPECIAL ADMINISTRATIVE OFFICER JOINT SECRETARY TO THE DEPARTMENT OF CO-OPERATION, M. S. BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001. 2. THE RETURNING OFFICER, THE RAMDURG TALUKA PRATHAMIK SAHAKAR KRISHI MATTU GRAMEEN ABHIVRUDHI BANK NIYAMITA, TQ: RAMDURG, DIST: BELAGAVI. - 4 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 3. THE ELECTION COMMISSIONER & JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DIVISION, BELAGAVI-590001, TQ/DIST: BELAGAVI. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DIVISION, BELAGAVI -590001. TQ/DIST: BELAGAVI. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BAILHONGAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI. 6. THE RAMDURG TALUKA PRATHAMIK SAHAKAR, KRISHI MATTU GRAMEEN ABHIVRUDHI BANK NIYAMITA, RAMDURG -591123, TQ: RAMDURG, DIST: BELAGAVI, REP BY CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, AGA FOR R1, R3 TO R5, SRI G. V. BHARAMAGOUDAR, ADVOCATE FOR R2, SMT RANJITHA G. ALAGAWADI, ADVOCATE FOR PROPOSED-R7, NOTICE TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING THE INELIGIBLE VOTERS LIST DATED 22.11.2024 PUBLISHED BY THE RESPONDENT NO.6 IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED IN THE SAID ANNEXURE-A. II. ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING THE INELIGIBLE - 5 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 APPROVAL BEARING NO.JRL/EXAR/ANTIM ANARHA/E/CR- 27/2024-25 DATED 22.11.2024 APPROVED BY THE 3RD RESPONDENT HEREIN ARE CONCERNED IN THE SAID ANNEXURE-B. III. ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING, CALENDAR OF EVENTS IN RESPECT OF ELECTION OF BOARD OF DIRECTORS TO THE 2ND RESPONDENT BANK DATED 08.11.2024 ANNEXURE-C. IV. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE 2ND RESPONDENT TO DECLARE THAT THE PETITIONERS ARE THE ELIGIBLE VOTERS FOR THE ELECTIONS OF 6TH RESPONDENT BANK. GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST EVEN INCLUDING THE COSTS OF THIS PETITION IN THE INTEREST OF THE JUSTICE AND EQUITY. IN W.P.NO. 107406/2024 BETWEEN: 1. RAJESH S/O LAKSHMIKANT NADAGOUDAR, AGE: 29 YEARS, OCCUPATION: AGRICULTURE, R/O KAMAKERI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 20. 2. BASANAGOUDA S/O LAKSHMIKANT NADAGOUDAR, AGE: 26 YEARS, OCCUPATION: AGRICULTURE, R/O KAMAKERI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 19. 3. ALLASAHEB S/O LALSAB NADAF, AGE: 26 YEARS, OCCUPATION: AGRICULTURE, R/O TONDIKATTI VILLAGE, TALUK- RAMADURGA, - 6 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 DISTRIC-: BELAGAVI SL NO. 25. 4. BALASAHEB S/O LALSAB NADAF, AGE: 29 YEARS, OCCUPATION: AGRICULTURE, R/O TONDIKATTI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 24. 5. PANDAPPA S/O YALLAPPA BHARAMANAIK, AGE: 40 YEARS, OCCUPATION: AGRICULTURE, R/O KULLUR VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 17. 6. MOHAMMED HANIF S/O ABDULSAHAB KHAZI, AGE: 23 YEARS, OCCUPATION: AGRICULTURE, R/O UDUPUDI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 9. 7. HANAMANT S/O. KRUSHNAPPA JAMBAGI, AGE: 40 YEARS, OCCUPATION: AGRICULTURE, R/O UDUPUDI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 5. 8. APPANNA S/O NINGAPPA BARAGALL, AGE: 26 YEARS, OCCUPATION: AGRICULTURE, R/O UDUPUDI VILLAGE, - 7 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 8. 9. DURGAPPA S/O BHIMAPPA KADAM, AGE: 32 YEARS, OCCUPATION: AGRICULTURE, R/O UDUPUDI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 6. 10. SACHIN S/O IRANNA JADI, AGE: 26 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 14. 11. IRAPPA S/O SHIVAPPA JADI, AGE: 23 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 9. 12. MANJUNATH S/O IRAPPA KANAKANNAVAR, AGE: 40 YEARS, OCCUPATION: AGRICULTURE, R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 17 13. SAVITRAVVA W/O IRAPPA KANAKANNAVAR AGE: 26 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, - 8 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 11. 14. NAGANAGOUDA S/O NINGAPPAGOUDA JAMADAR, AGE: 45 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 1. 15. SUBHAS S/O RAMAPPA JEVOOR AGE: 35 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 10. 16. PARVATEVVA W/O YALLAPPA KANAKANNAVAR AGE: 47 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 13. 17. YASHODHA W/O YALAPPA KANAKANNAVAR AGE: 37 YEARS, OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 12. 18. YALLAPPA S/O YAMANAPPA KANAKANNAVAR, AGE: 26 YEARS, - 9 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 OCCUPATION: AGRICULTURE R/O GODACHI VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 5. 19. MIRASAB S/O MOULASAB MUNAVALLI AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O SIDNAL VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 42 20. BASAVVA W/O SHANKARGOUDA PATIL AGE: 26 YEARS, OCCUPATION: AGRICULTURE R/O SIDNAL VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 44. 21. MAHESH S/O BASAPPA UJJANAKOPPA AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O SIDNAL VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 54. 22. BASAPPA S/O GOLAPPA UJJINAKOPPA AGE: 20 YEARS, OCCUPATION: AGRICULTURE R/O SIDNAL VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 46. 23. MAHANTESH S/O RAMAPPA LAMANI AGE: 35 YEARS, OCCUPATION: AGRICULTURE - 10 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 29. 24. JAMALEPPA S/O MANNAPPA LAMANI AGE: 20 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 26. 25. SOMAPPA S/O TUKKAPPA LAMANI AGE: 30 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 28. 26. SHANTAVVA W/O JAMALEPPA LAMANI AGE: 40 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 31. 27. RAMDAS S/O SHANKREPPA LAMANI AGE: 45 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 33. 28. RAMAPPA S/O SHIVAPPA JADHAV AGE: 38 YEARS, OCCUPATION: AGRICULTURE - 11 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 37. 29. IBRAHIMPATEL S/O MAKTUMPATEL PATIL AGE: 36 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 18. 30. SADASHIV S/O DURGAPPA NEELAPPANAVAR AGE: 25 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 35. 31. SHIVAPPA S/O YALLAPPA HOSAMANI AGE: 48 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 24. 32. BASAPPA S/O BALAPPA GONAGI AGE: 37 YEARS, OCCUPATION: AGRICULTURE R/O BANNUR THANDA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 19. 33. NAGAPPA @NAGARAJ MALLI AGE: 29 YEARS, - 12 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 OCCUPATION: AGRICULTURE R/O BHAGOJIKOPPA VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 7. 34. RAHUL S/O RAJENDRAGOUDA PATIL AGE: 20 YEARS, OCCUPATION: AGRICULTURE R/O HULAKUND VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 13. 35. IRAPPA S/O RAMAPPA KATARAKI AGE: 30 YEARS, OCCUPATION: AGRICULTURE R/O HULAKUND VILLAGE, TALUK- RAMADURGA, DISTRIC-: BELAGAVI SL NO. 15. 36. KAMALAVVA W/O BHEEMANAGOUDA PATIL DELETED AS PER ORDER DATED 19/12/2024. …PETITIONERS (BY SRI. RUKMINI MAHESH PATIL, ADVOCATE) AND: 1. THE STATE CO- OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU – 560002 REPRESENTED BY ITS COMMISSIONER. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DISTRICT, BELAGAVI. - 13 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 3. THE ELECTION OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY CO-OPERATIVE SOCIETIS, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DISTRICT. 4. THE RETURNING OFFICER, RAMADURGA TALUKA PRATHAMIKA SAHAKARA KRUSHI MATTU GRAMINA ABHIVRUDDHI BANK NIYAMITA, TALUK- RAMADURGA AND DISTRICT- BELAGAVI. 5. THE RAMADURGA TALUKA PRATHAMIKA SAHAKARA KRUSHI MATTU GRAMINA ABHIVRUDDHI BANK NIYAMITA, TALUK-RAMADURGA AND DISTRICT- BELAGAVI REPRESENTED BY CHIEF EXECUTIVE OFFICER. 6. MAHESH S/O SHIVALINGAPPA HOSUR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: HULAKUND, TQ: RAMADURG, DIST: BELAGAVI. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1 TO R3, SRI. G. V. BHARAMAGOUDAR, ADVOCATE FOR R4, SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS - 14 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 IN THE FINAL ELIGIBLE BORROWERS VOTER LIST AND TO PERMIT THE PETITIONERS TO CAST THE VOTE IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 5TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 08/12/2024 AS PER THE CALENDAR OF EVENTS DATED 08/11/2024 PUBLISHED BY THE 4TH RESPONDENT VIDE ANNEXURE-A BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 5TH RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers: In W.P.No.107368/2024: i. Issue a Writ, Order or Direction in nature of Certiorari quashing the ineligible Voters List dated 22.11.2024 published by the Respondent No.6 insofar as the petitioners herein are concerned in the said Annexure-A. ii. Issue a Writ, Order or Direction in nature of Certiorari quashing the ineligible approval bearing no. JRL/ExAr/Antim Anarha/e/CR- 27/2024-25 dated 22.11.2024 approved by the 3rd respondent herein are concerned in the said Annexure-B. iii. Issue a Writ, Order or Direction in nature of Certiorari quashing, calendar of events in - 15 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 respect of election of Board of Directors to the 2nd respondent Bank dated 08.11.2024 Annexure-C. iv. Issue a Writ in the nature of mandamus or any other writ or order in the like nature directing the 2nd Respondent to declare that the petitioners are the eligible voters for the elections of 6th respondent bank. v. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity. In W.P.No.107406/2024: “1. Issue a writ in the nature of mandamus directing the respondents to include the names of the petitioners in the final eligible borrowers voter list and to permit the petitioners to cast the vote in the election to the committee of management of the 5th respondent society schedule to be held on 08/12/2024 as per the calendar of events dated 08/11/2024 published by the 4th respondent vide Annexure-A by allowing this writ petition in the interest of justice. 2. To issue writ in the nature of mandamus directing the 4th respondent to declare the election results of the 5th respondent society after completion of the election process in accordance with law.” 2. This Court in terms of the order dated 19.12.2024, had permitted the petitioners to vote by the following order: - 16 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 “IN WP NO. 107368/2024 I.A.No.1/2024 is allowed and dispensation as sought for in the said application is granted. I.A.No.2/2024 is filed under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 for impleading the proposed applicant as respondent No.7 in the present writ petition. The impleading applicant is a member of respondent No.6-Society, who has also contested the election. In view of the aforementioned and in view of the averments made in the application, I.A.No.2/2024 is allowed and the impleading applicant is permitted to come on record as respondent No.7. Learned counsel for the petitioner to amend the cause title of the writ petition and file amended copy of the writ petition forthwith. To enable compliance of direction issued by this Court vide interim order dated 06.12.2024 to the respondent-society to place the relevant records demonstrating compliance of Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules 1960, re-list in the third week of January-2025. IN WP NO. 107406/2024 I.A.No.1/2024 is filed under Order I Rule 10 read with Section 151 of CPC for impleading the proposed applicant as respondent No.6 in the present writ petition. The impleading applicant is a member of respondent No.5-Society, who has also contested the election. In view of the aforementioned and in view of the averments made in the application, I.A.No.1/2024 is allowed and the impleading applicant is permitted to come on record as respondent No.6. - 17 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 I.A.No.2/2024 is filed for amendment by the learned counsel for the petitioners to urge ground No.16 as averred in the said application. In view of the averments made in the application, I.A.No.2/2024 is allowed and the learned counsel for the petitioners is permitted to amend the writ petition and file amended writ petition forthwith. Await service of notice in respect of respondent No.5-Society. To enable compliance of direction issued by this Court vide interim order dated 06.12.2024 to the respondent-society to place the relevant records demonstrating compliance of Rule 13- D(2-A) of the Karnataka Co-operative Societies Rules 1960, re-list in the third week of January- 2025.” 3. Voting is over so are the elections. What governs now is the order passed by the Coordinate Bench in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows: “8. In the light of these rival submissions, the question for consideration is: Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the - 18 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 elections held on 23.04.2022 including the votes cast by the petitioners. 9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder: (3) The Election Officer shall take steps for publication of voters list in the following manner, namely:- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election. (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. The underlining is by this Court. 10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must - 19 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated 8.11.20211 does not meet these requirements. In fact, it is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices. 11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) 1 This Public Notice reads as follows: ¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï- 16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ. ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ ¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ. vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ. - 20 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows: ‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society. 12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the - 21 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal. 12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act2. However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co-operative Societies Rules; 2 70. Disputes which may be referred to Registrar for decision.- (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,— (a) xxxxxxxxx (2). For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:— (a). XXXXXXXXXXX (b). XXXXXXXXXXXXX (c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society. - 22 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record. Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.” 4. In the light of the said order, I deem it appropriate to observe all the contents of both the parties - 23 - NC: 2025:KHC-D:3080 WP No. 107368 of 2024 C/W WP No. 107406 of 2024 shall remain open to be agitated before the appropriate forum/fora. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Naa List No.: 1 Sl No.: 80