- 1 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22908 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 22955 OF 2025 (CS-RES) WRIT PETITION NO. 24006 OF 2025 (CS-RES) W.P.No.22908/2025: BETWEEN: 1. BOMMAVARA MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., BOMMAVARA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. REPRESENTED BY ITS PRESIDENT, SRI. RAVI T., REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 2. KUNDANA MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. REPRESENTED BY ITS PRESIDENT, SRI. PAPANNA, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 3. ARADESHAHALLI MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. REPRESENTED BY ITS PRESIDENT, SRI. CHETAN KUMAR C, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …PETITIONERS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 (BY SRI. JAYAKUMAR S. PAITL, SENIOR ADVOCATE FOR SRI. VARUN JAYAKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY 2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BANGALORE-560052. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGLAURU-560052. 4. THE DEPUTY COMMISSIONER, BANGALORE URBAN SUB DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560009. 5. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 6. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK NO.2, J.M.C. BANK COMPLEX, PAMPA MAHAKAVI ROAD, CHAMRAJPETE, BENGALURU DISTRICT-560018 REPRESENTED BY ITS CEO. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4; SR. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.5; - 3 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 SRI. PRABHULING NAVADGI, SENIOR ADVOCATE AND SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE FOR SRI. NATARAJ BABA K., ADVOCATE FOR RESPONDENT NO.6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 BANK TO CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE EXISTING BYE LAWS OF RESPONDENT NO.6 BANK AND ETC. W.P.NO.22955/2025: BETWEEN: 1. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, PANATTUR BENGALURU NORTH TALUK, BENGALURU-560103, REPRESENTED BY ITS PRESIDENT, SRI. P.K. SRINIVASA REDDY, S/O M.P. KRISHNA REDDY, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 2. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, KODATHI, BENGALURU NORTH TALUK, BENGALURU-560035 REPRESENTED BY ITS PRESIDENT, SRI. SADASHIVA K.S S/O SHANKARAPPA REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 3. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, VARTHUR, BENGALURU NORTH TALUK, BENGALURU-560087 REPRESENTED BY ITS PRESIDENT SRI. VISHVENKATA REDDY S/O VENKATASWAMY REGISTERED UNDER KARNATAKA - 4 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 CO-OPERATIVE SOCIETIES ACT, 1959. …PETITIONERS (BY SRI. JAYAKUMAR S. PAITL, SENIOR ADVOCATE FOR SRI. VARUN JAYAKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY 2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BANGALORE-560052. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGLAURU-560052. 4. THE DEPUTY COMMISSIONER, BANGALORE URBAN SUB DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560009. 5. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY. 6. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK NO.2, J.M.C. BANK COMPLEX, PAMPA MAHAKAVI ROAD, CHAMRAJPETE, BENGALURU DISTRICT-560018 REPRESENTED BY ITS CEO. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4; - 5 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.5; SRI. PRABHULING NAVADGI, SENIOR COUNSEL AND SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. NATARAJ BABA K., ADVOCATE FOR RESPONDENT NO.6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 BANK TO CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE EXISTING BYE LAWS OF RESPONDENT O.6 BANK AND ETC. W.P.NO.24006/2025: BETWEEN: 1. BARAGERAHALLI VIVIDODHESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY BY ITS DIRECTOR SRI. PATTABHIRAMAIAH M.C. S/O CHIKKEGOWDA AGED ABOUT 64 YEARS, RESIDING AT MACHANAHALLI, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562123 2. VYAVASAYA SEVA SAHAKARA SANGHA KAMBALU VILLAGE BY ITS PRESIDENT, SRI. PRABHUDEV K., S/O BASAVARAJAIAH, AGED ABOUT 57 YEARS, RESIDENT OF KAMBALU VILLAGE, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562123 3. THYAMAGONDALU VIVIDODHESHA PRIMARY RURAL, AGRICULTURAL COOPERATIVE SOCIETY BY ITS ONE OF THE DIRECTOR, SRI. K.R. GURUPRAKASH S/O RAMESH, AGED ABOUT 55 YEARS R/O KAREHALLI, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562123 - 6 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 4. SAMPURNA VIVIDODHESHA RURAL, AGRICULTURAL CO-OPERATIVE SOCIETY BY ITS PRESIDENT, SRI. MOHAN KUMAR, S/O MAYANNA AGED ABOUT 56 YEARS R/O BHARATHIPURA, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562 111 (ALL PETITIONER REGISTERED UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959) …PETITIONERS (BY SRI. M.R.RAJAGOPAL, SENIOR ADVOCATE FOR SRI. THILAKRAJ S.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES VIKASA SOUDHA BANGALORE - 560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE-560052. 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES NELAMANGALA TALUK, BENGALURU NORTH DISTRICT- 562123 4. THE STATE CO-OPERATIVE ELECTION AUTHORITY BY ITS SECRETARY, 3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTI NAGAR BANGALORE - 560027 5. THE DEPUTY COMMISSIONER AND ELECTION OFFICER, BANGALORE SOUTH DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BANGALORE - 560009. - 7 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 6. THE BANGALORE DISTRICT CO-OPERATIVE BANK BY ITS CHIEF EXECUTIVE OFFICER NO.2, JMC BANK COMPLEX, PAMPA MAHA KAVI ROAD, CHAMARAJPET BANGALORE DISTRICT BANGALORE - 560018. 7. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU DIVISION, BENGALURU OFFICE AT MALLESWARAM BENGALURU - 560003. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. HARISHA A.S., ….. FOR RESPONDENT NOS.1, 2, 3, 5 AND 7; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.4; SRI. PRABHULING NAVADGI, SENIOR ADVOCATE AND SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE FOR SRI. NATARAJ BABA K., ADVOCATE FOR RESPONDENT NO.6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROPOSED AMENDMENT NOW IT IS ACCEPTED IN THE GENERAL BODY OF THE 6TH RESPONDENT SOCIETY IN THE GENERAL BODY MEETING DATED 29.07.2025 AS PER ANNEXURE-J IN RELATED TO SUBJECT NO.14(C), IS ILLEGAL AND WITHOUT AN AUTHORITY OF LAW IN VIEW OF THE COMMENCEMENT OF AN ELECTION PROCESS BY DESIGNATING THE RETURNING OFFICER IN TERMS OF THE PROCEEDINGS AT ANNEXURE-E DATED 30.06.2025 IN NO.SA.CHU.PRA./ BEM.PRA/FEDERAL/AAMANCHU/23/2024-25 AND AS WELL THE NOTIFICATION ISSUED BY THE 6TH RESPONDENT ELECTION OFFICER RESPECTIVELY MARKED AS ANNEXURE-C AND D IN THE WRIT PETITION DATED 18.07.2025 AND 02.08.25 AND ETC. - 8 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDER ON 11.09.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: HON'BLE MR. JUSTICE R. NATARAJ CAV ORDER In WP No.22908/2025, the petitioners have sought for a writ in the nature of mandamus to direct the respondent Nos.4, 5 and 6 to conduct the elections in accordance with the existing bye-laws of the respondent No.6. 2. (i) The petitioners in 24006/2025 have sought for a writ in the nature of certiorari to declare the proposed amendment to the bye-laws of the respondent No.6, which was approved in the general body meeting dated 29.07.2025 as illegal and without the authority of law in view of the commencement of election process by appointment of the returning officer vide proceedings bearing No.Sa.Chu.Pra./Bem.pra/Federal/Aamanchu/23/2024-25 dated 30.06.2025 as well as the notification issued by the respondent No.6 dated 18.07.2025 and 02.08.2025. - 9 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 (ii) They have also sought for a writ in the nature of prohibition or in the nature of mandamus directing the respondent No.6 to forbear from taking further steps in relation to the amendment of the bye-law on subject No.14(C) in view of the provisions contained under Sections 39-A and 39-AA of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'the Act, 1959' for short). They have also sought for a writ in the nature of mandamus directing the respondent Nos.4 and 5 and the election officer for Bengaluru South District to complete the process of election to constitute the managing committee to the respondent No.6 only on the basis of the existing and prevailing constituencies, more particularly in respect of Nelamangala Taluk. 3. The petitioners in WP No.22955/2025 have sought for a writ in the nature of mandamus to direct the respondent Nos.4, 5 and 6 to conduct elections to the managing committee of the respondent No.6 as per the existing bye-laws. Facts that are common in WP Nos.22908/2025 and 22955/2025. - 10 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 4. The petitioners in both the writ petitions contend that the respondent No.6 is a District Level Co-operative Bank and is registered under the Karnataka Co-operative Societies Act, 1959. It is contended that financial assistance provided by the NABARD is routed through the state level apex society to the District Central Co-operative Banks, which in turn distributes the financial assistance to Primary Agricultural Co- operative Societies in the Taluk like the petitioners. 5. The petitioners contend that they are all Primary Agricultural Co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959. The objective of the petitioners is to advance loans and provide other ancillary facilities to the respective members who reside within their respective areas of operation. Both the petitioners are affiliated to the respondent No.6. 6. The petitioners contend that elections to the managing committee of the respondent No.6 is scheduled during December 2025. As per the mandate prescribed under Section 39-A of the Act, 1959, the respondent No.4 appointed a election officer on 30.06.2025 to conduct election to the - 11 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 respondent No.6. The respondent No.6 has issued mandatory notices under Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'the Rules, 1960' for short) to the ineligible voters. The petitioners contend that they are all eligible voters and that their delegates are entitled to vote and contest in the upcoming elections to the respondent No.6. 7. Though the elections are scheduled in December, 2025, the respondent No.6 proposed to amend its bye-laws by changing the constituencies to which the petitioners belong. The petitioners in WP No.22908/2025 claim that they belong to Bengaluru North constituency. The amendment to the bye-laws was placed before the Board of Directors of the respondent No.6 on 08.07.2025. The petitioners submitted their objections against the proposed amendment and they expressed their reservation about their societies being shifted to an entirely new constituency though there was no reason for the same. They contend that the petitioners in WP No.22908/2025 have been moved from Bengaluru North Constituency to Doddaballapur, while the petitioners in WP No.22955/2025 - 12 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 were moved to Anekal Constituency, while the petitioner No.3 in the said writ petition is moved to the Hosakote Constituency. 8. They contend that the respondent No.4 issued a notification under Rule 14(1) of the Rules, 1960, fixing the date of election on 07.12.2025. Therefore, they contend that the amendments to the bye-laws are being carried out in haste and without consulting all the stakeholders. They contend that once the election process had begun, the bye-laws of the respondent No.6 cannot be amended and the petitioners cannot be shifted from one constituency to the other. They also contend that they cannot be part of Doddaballapur, Anekal and Hosakote constituencies. This, they contend, would make it difficult for their delegates to contest in the election to the managing committee of the respondent No.6 as they would lose their traditional vote base in Bengaluru Rural Constituency and Bengaluru North Constituency respectively. 9. They also contend that the amendments proposed were substantial in nature and could not be effected once the election process has begun. - 13 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 10. The petitioners in WP No.24006/2025 contend that they are Primary Co-operative Societies registered under the Act, 1959. They reiterate the facts as averred in WP No.22908/2025. They contend that the Deputy Commissioner being the election officer has conducted proceedings dated 30.06.2025 under Sections 39A(1), 39AA(2) of the Act, 1959 & 13-E(1) of the Rules, 1960 and has designated a returning officer. They contend that the total strength of the managing committee of respondent No.6 is 21, of whom 18 members are to be elected as 'A' category members from agricultural societies like the petitioners. Amongst the other three a nominee is designated each by the Apex bank and the State Government. The Joint Register of Co-operative Societies should also be the departmental member. 11. (i) They contend that the respondent No.5 had already notified the intended date of election in Form No.XI as prescribed under Rule 14(1) of the Rules, 1960 and had fixed the date of election as 07.12.2025. The respondent No.6 convened a managing committee meeting on 08.07.2025 in which it included one of the subjects for discussion at the 70th - 14 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 annual general body meeting. Notices dated 11.07.2025 were issued to the members of respondent No.6, convening a meeting of the general body on 29.07.2025. One of the subjects to be deliberated upon as mentioned in the notice related to amendment to the bye-laws of the bank. This amendment related to re-composition of the delimitation for the purpose of elections to the managing committee of respondent No.6. (ii) They contend that Nelamangala is one among the constituencies having 'A' category members and from that constituency one member to the managing committee of respondent No.6 is to be elected. So far as Nelamangala Taluka constituency is concerned, they contend that there are about 19 Primary Societies prior to the amendment, but by the proposed amendment, the total number of primary societies of Nelamangala Taluk is reduced from 19 to 15 and rest of the 4 Primary Societies are included in Soluru constituency, which is newly created. Accordingly, the four petitioner societies are now proposed to be added to the newly created Soluru constituency, which lies within Magadi Taluk. The proposed amendment was - 15 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 seriously objected by the petitioners and a comprehensive resolution was passed by all the petitioner societies not to accept the amendment. The petitioners are therefore before this Court challenging the amendment. 12. WP Nos.22908/2025 and 22955/2025 are opposed by the respondent No.6, which has filed a statement of objections inter alia contending that the reliefs sought for by the petitioners relate to internal administrative and regulatory affairs of a Co-operative Society for which an efficacious remedy exists under Section 70 of the Karnataka Co-operative Societies Act, 1959. Therefore, it contends that the writ petition under Article 226 of the Constitution of India is not maintainable. It has also contended that the petition is speculative and premature. It claimed that the amendments to the bye-laws have been proposed and are yet to be finalized, as they are subject to approval by the Annual General Body Meeting (henceforth referred to as 'AGM' for short) and further approved by the competent registrar. Therefore, it has contended that the writ petition is premature. It further contends that the proposed amendments are yet to be placed - 16 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 before the AGM on 29.07.2025 and therefore, this is an attempt of the petitioners to stall the process and amounts to interference in the functioning of the co-operative institution governed by democratic norms and collective Will. 13. It has contended that the proposal for amendment was placed before the Board of Directors of respondent No.6 on 08.07.2025 and subsequently listed for consideration by the AGM on 29.07.2025. They claim that there is no procedural irregularity or legal infirmity in the steps taken by the respondent No.6. They contend that the petitioners have no vested right or fundamental right to remain in a particular constituency. The right to vote and contest is governed by the bye-laws of the society, which are subject to change in accordance with law. Re-alignment or redrawing of constituencies for better administrative functioning or equitable representation cannot be deemed to be arbitrary. It is contended that there are no malafides in the proposed amendment and the ones made in the writ petition are baseless, vague and not supported by any material. It is also contended that the amendment is not targeted against any - 17 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 specific society or individual but is a broader restructuring exercise undertaken by the respondent No.6 to ensure balanced representation and administrative convenience. 14. It is contended that once the returning officer is appointed and an election notification is issued under Rule 14(1) of the Rules, 1960, any dispute relating to election including eligibility, constituency or voters list has to be dealt with by the election authorities and not before this Court in a writ petition. It is further claimed that the timing of the proposed amendment prior to elections does not automatically render it illegal or arbitrary. It becomes enforceable only if it is approved by the AGM and the Registrar of Societies and would govern all subsequent election processes. It is contented that except pleading that they would suffer electoral disadvantage, they have not shown any prejudice that would be caused to them by the proposed amendment. Attention of the Court is drawn to Section 12 of the Act, 1959, which says that a co- operative society may for the purpose of election of members to the Board divide its membership into different groups on territorial basis or any other basis. - 18 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 15. It is contended that the ideology of Respondent No. 6 is to provide financial assistance to farmers, which is disbursed through PACs. Accordingly, it is claimed that the proposed amendment seeks to regroup the Primary Agricultural Credit Societies (henceforth referred to as 'PACS' for short) on a territorial basis to ensure balanced representation. Under this arrangement, each director would represent approximately 12 to 14 PACs, thereby maintaining equitable representation across all areas. Therefore it is claimed that the decision to amend the bye-laws is as per Rule 13 of the Rules, 1960 which allows Co-operative Societies to divide its membership into groups on 'territorial' basis for elections. Further, it is contended that during the last 70 years, the cultivation area in Bengaluru Urban District and Bengaluru Rural District has undergone a huge transformation due to rapid urbanization. The respondent No.6 is established to cater to the needs of farmers of undivided Bengaluru District. It is claimed that the number of societies spread over three districts are Bengaluru Urban-30, Bengaluru Rural-78 PACS and Bengaluru South-102 PACS. These societies have been organized into three districts, each comprising to 12 taluks. Recently two new taluks i.e - 19 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 Harohalli in Ramnagara District & Yelahanka in Bengaluru district have been grouped into their respective districts on territorial basis. It is claimed that the agricultural land in Bengaluru Urban District and Rural District is dwindling and therefore, the division of District wise and Taluk wise societies has to be rearranged in the interest of strengthening the Primary Agricultural Credit Co-operative Societies. It is contended that for the present 12 directors representing three districts would be elected as follows:. (i) Bengaluru Urban 4 Directors, Number of Societies 30. (ii) Bengaluru Rural 4 Directors, Number of Societies 78. (iii) Bengaluru South 4 Directors, Number of Societies 102. 16. The agriculture loan outstanding in these three districts are as follows: (i) Bengaluru Urban District Rs.78 crores. (ii) Bengaluru Rural District Rs.238 crores. (iii) Bengaluru South District Rs.506 crores. 17. There are 42 branches of the respondent No.6 in three districts. Namely, Bengaluru Urban-16, Bengaluru Rural- 11, Ramanagara-15. The directors representing the number of societies in Bengaluru urban districts are: - 20 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 (i) East Taluk 6 societies. (ii) South Taluk 7 societies. (iii) Anekal Taluk 13 societies. (iv) Bengaluru North Taluk 15 societies. (v) Vartur PACS - KCC Loan. Zero rate not taken lending at regular rate of interest at 12% (vi) Panatturu.KCC 25.50 lakhs. (vii) Kodathi - New Society - No transaction 18. The directors representing Bengaluru Rural District are: (i) Hoskote - 9 (ii) Devanahalli - 16 (iii) Doddaballaputra - 26 (iv) Nelamangala - 19 (a) Bommavara KCC, (b) Kundana KCC, (c) Ardeshhalli KCC. 19. The directors representing Bengaluru South Districts are: (i) Kanakpura 29 Societies. (ii) Ramanagara 21 Societies. (iii) Channapattana 21 Societies. (iv) Magadi 29 Societies. 20. As per Section 27 of the Act, 1959, the general body of the bank is the supreme policy making body and has - 21 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 the power to propose amendment to the bye-laws in the interest of the bank. As the core value of the bank is welfare of the farmers and therefore the unequal representation of directors, representing the bank is causing an obstacle to the efficiency and growth of the bank. Therefore, the realignment of the society is very much needed in the long-term interest of the institution. 21. It is contended that the amendment is also geographically valid as per the pros and cons studied during 18 months of the delimitation process. It is contended that the petitioners can continue their transactions regularly as usual and it does not affect any of the petitioners in any manner whatsoever. It further contended that the amendments placed before the AGM was not in a haste but was after detailed deliberation, which lasted for 18 months by the delimitation committee constituted by the board of the respondent No.6. The meeting notice of the AGM was issued 14 days in advance to all member societies as per Section 12 of the Act, 1959. It is contended that the election process is in the preliminary stage - 22 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 and the calendar of events has not yet notified as per the Act, 1959. 22. (i) It is contended that on 27.12.2023 the chief executive officer (henceforth referred to as ‘CEO’) of the respondent No.6 issued a letter to the president of the bank stating that the policy committee has been formed and sought valuable guidance from the president and other directors of the bank. At the board meeting held on 06.02.2024, the board decided to initiate delimitation process as per the territorial jurisdiction and it was resolved that the advantages and disadvantages of the delimitation may be discussed in the subsequent meetings. (ii) On 25.06.2024, a board meeting was convened under the chairmanship of the president, where a decision was taken to delimit the Primary Societies of the three districts as per their respective territorial jurisdictions. It was further resolved to authorize the president and the CEO of the respondent No.6 to constitute a committee in that regard. - 23 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 (iii) Later, on 08.07.2024, a meeting of the delimitation committee was convened, whereat the delimitation process was discussed in detail and suggestions were obtained from the members of the committee. The committee proposed new constituencies as per the revised delimitation and decided to take a final decision in the next meeting. (iv) On 30.07.2024, a board meeting was convened, where the directors of the board discussed and raised questions regarding the delimitation process. After discussion, it was decided to include the few additional directors and members of the bank in the delimitation committee. It is contended that on 01.08.2024, the CEO of respondent No.6 addressed a letter to one of the directors of the board informing him about the reconstituted delimitation committee. In the same letter, Sri.K.Krishnamurthy was informed that he would be included as one of the members of the delimitation committee. (v) Later, on 20.08.2024, a meeting of the delimitation committee was convened whereat it was decided that for the purpose of delimitation, the bye-laws of the bank need to be amended in accordance with the provisions of the Co-operative - 24 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 Societies Act. Accordingly, the committee resolved to propose the amendment of the bye-laws in the upcoming board meeting and to obtain the necessary approval from the board as per bye-laws. (vi) On 28.08.2024, a board meeting was convened where at the decisions and recommendations of the delimitation committee were discussed in detail. Later, it was decided to convene another meeting to further discuss and take an appropriate decision regarding the delimitation. (vii) On 05.09.2024, a board meeting was held where the merits and demerits of the proposed delimitation were discussed. The board concluded that for a more comprehensive discussion, another meeting should be convened to deliberate further. On 16.05.2025, a board meeting was convened, whereat a decision was taken to amend the bye-laws of the bank for the purpose of delimitation process. It is also decided that the delimitation shall be carried out based on the territorial jurisdiction of the bank and unanimously the board decided to take a final decision with respect to delimitation. - 25 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 (viii) Thereafter, on 20.06.2025, the board convened a meeting whereat it was unanimously decided to amend the bye-laws of the bank. It was further resolved to place the proposed bye-laws before the upcoming general body meeting for its approval. Later, a meeting was convened on 08.07.2025, where discussions were held in detail regarding the delimitation and the amendment of the bye-laws. It was resolved to place the proposed bye-laws before the general body meeting for its approval. (ix) The general body meeting was held on 29.07.2025, where the subject of amendment of the bye-law was discussed. The general body by majority approved the proposed amendment to the bye-laws. A reference is made to an order passed by this Court in WP No.6486/2025, where this Court had purportedly expressed the need for delimitation of the constituencies of the respondent No.6 along with the statement of objections, the territorial jurisdiction of the respondent No.6 as per its earlier bye-laws, that is based on Taluk-wise and the maps as per the proposed bye-laws that is based on branch- wise are enclosed. It is further contended that there are 1,034 - 26 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 Primary Societies in the co-operative pyramid below the respondent No.6 and out of them, only 6 member societies have filed the present petition. Therefore, it is contended that the writ petition is devoid of merit and is liable to be dismissed. 23. The learned Senior Counsel for the petitioners, SriJayakumar S. Patil, submitted that the petitioners are not presently aggrieved by the amendment itself, as it is yet to be registered by the Registrar of Societies. He stated that they reserve the right to challenge its validity after such registration. For now, their grievance is confined to the amendment of the bye-laws having been made after the commencement of the election process to the managing committee of respondent No.6. 24. He submits that once the election is notified, the election process is deemed to have begun and therefore, the respondent No.6 cannot amend the bye-laws. He contends that the rules of the game cannot be changed after the game has begun. In support of this contention, he referred to the judgment of the judgment of the Hon'ble Apex Court in N.P. Ponnuswami v. Returning Officer - AIR 1952 SC 64 and - 27 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 contended that the word 'election' is used to connote the entire process culminating in a candidate being declared elected. He next referred to the judgment of the Hon'ble Apex Court in the case of Election Commission of India v. Ashok Kumar and Others - (2000) 8 SCC 216 and contended that the term election is widely interpreted so as to include all steps and entire proceedings commencing from the date of notification of election till the date of result and therefore, if an election is to be called in question and if such question has the effect of interrupting, obstructing the election proceedings in any manner, the invocation of the judicial remedy has to be postponed till after the completion of proceedings in election. He then referred to the judgment in the case of Shri Sant Sadguru Janardhan Swami v. State of Maharashtra - (2001) 8 SCC 509 and contends that preparation of the electoral roll is an intermediate stage in the process of election of the managing committee of a specified society. He therefore contends that the election notification having been once issued by the election officer under Section 39-AA of the Act, 1959, on 07.07.2025, the amendment of the bye-laws approved in the general body on 08.07.2025 would interfere with the course of - 28 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 the election. He therefore submits that the amendment cannot be given effect and if at all the same has to be given effect, it should be from the next elections. 25. The learned Senior Counsel for the petitioners in WP No.24006/2025-Sri M.R.Rajgopal, while adopting the arguments of the learned Senior Counsel in WP No.22908/2025 submitted that the delimitation or reassignment of constituencies has a direct relationship with the preparation of the voters list and assignment of constituencies. He contends that when the election process is in progress, there could be no amendment to the bye-laws of the federal society (respondent No.6) concerning delimitation of the constituencies. He contends that this would be interfering with the process of election and tinkering with the powers of election officers. He contends that the Act, 1959 has undergone several changes pursuant to the 97th constitutional amendment. He submits that the purpose of co-operative movement is to encourage voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. He relied upon the judgment of the Hon'ble Apex Court in the - 29 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 case of Vipulbhai M Chaudhary v. Gujrat Co-operative Milk Marketing Federation Limited and Others - (2015) 8 SCC 1. He then referred to the judgment in Bengal Secretariat Co-operative Mortgate Bank and Housing Society v. Aloke Kumar - 2022 SCC Online SC 1404. He contends that it is the duty of the Court to read the constitutional spirit and concept of Co-operative movement into the Act, 1959 and therefore, any act that undermines the right of the members of the respondent No.6, has to be dealt with an iron hand. He then referred to the judgment of the Hon'ble Apex Court in the case of Mohinder Singh Gill and Another v. The Chief Election Commissioner, New Delhi and Others - 1978 1 SCC 405 and contended that any decision sought or rendered will not amount to calling into question an election if it subserves the progress of the election and facilitates the completion of the election. He then referred to the judgment of the Division Bench of this Court contending that if there is any vacuum in the Act, 1959, then reference could be made to the provisions of the Representation of the People Act, 1951. He also referred to the judgment in the case of Shri Sant Sadguru (Referred Supra) and contended that preparation of - 30 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 electoral roll being an intermediate stage in the process of election of a managing committee of a specified society and the election process having been set in motion, the respondent No.6 cannot amend the bye-laws so as to affect the outcome of the elections. 26. Per contra, the learned Senior Counsel for the respondent No.6-Shri Prabhuling Navadgi submitted that the petitioners are only shareholders of the respondent No.6 and therefore, they cannot challenge the amendment of the bye- laws of the respondent No.6. In support of this contention, he relied upon the judgment of the Hon'ble Apex Court in the case of Rustom Cavasjee Cooper v. Union of India - AIR 1970 SC 564. He further contended that the election process does not begin with the notification under Rule 14 of the Rules, 1960. He contends that the revision of the voters list is a continuous process and not connected with any particular election. In support of this contention, he relied upon the judgment of the Hon'ble Apex Court in Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman - (1985) 4 SCC 689. He - 31 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 referred to the judgment in the case of Ponnuswami (Referred supra) where it was held as follows: "It is a question of fact in each case when an election begins in such a way as to make the parties concerned responsible for breaches of election law, the test being whether the contest is 'reasonably imminent'. Neither the issue of the writ nor the publication of the notice of election can be looked into as fixing the date when election begins from this point of view. Nor, again, does the nomination date afford any criterion." 27. He therefore contends that the election process does not begin by mere issuance of a notification under Rule 14 of the Rules, 1960. He submits that under Rule 13 of the Rules, 1960, a Co-operative Society may for the purpose of election of members to the board, divide its membership into different groups on territorial basis or any other basis. He submits that under Section 26 of the Act, 1959, the final authority in a Co- operative Society vests in the general body of members and the general body in the present case has approved the amendment on 08.07.2025. He submits that the petitioners did not raise any objections in the general body and even if they did, the general body by majority decided to approve the amendment to the bye-laws. He then referred to Section 12 of the Act, 1959 - 32 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 and submitted that the bye-laws would come into effect under Section 13 of the Act, 1959 from the day on which it is registered. He submits that the respondent No.6 has furnished the amended bye-laws to the Registrar for registration and since the same is stayed by this Court, the amended bye-laws have not come into effect. He further submits that the delimitation of the constituencies does not in any manner affect the process of election or its outcome. He also submits that the exercise for delimitation was undertaken by the constitution of a delimitation committee on 25.06.2024 and the amendment of the bye-laws to incorporate the recommendations of the delimitation committee was with the full knowledge of all the members of the respondent No.6 and was with the full consent of the members of the respondent No.6 at the general body. He further submits that the respondent No.6 comprises of 1034 members, all of whom have approved the bye-laws and therefore, the petitioners, who constitute a minuscule minority, cannot come in the way of the amendment of the bye-laws. 28. The learned Senior Counsel Sri. Vivek Subba Reddy, submitted that the right to contest elections is not a - 33 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 fundamental right but is a right created and conferred by a statute. He also referred to the judgment of the Hon'ble Apex Court in the case of Ponnuswami. He submitted that the petitioners are members of the respondent No.6 and therefore, their entitlement to contest elections to the managing committee of the respondent No.6 is circumscribed by the provisions of the Act, 1959, Rules, 1960 and the bye-laws framed by the respondent No.6. He contends that the delimitation committee after going through the membership pattern, rationalized the representation of the Primary Agricultural Co-operative Societies Taluk-wise as against the earlier method, which gave an undue advantage to some districts where there were less number of societies. He therefore contends that the amendment was necessary to ensure even participation of all the societies and thus the amendment was just and necessary. He has referred to the data regarding the number of societies in the three districts and submitted that the present arrangement would be in the best interest of the farming community, as they would be adequately represented. - 34 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 29. The learned Additional Government Advocate on the other hand, submitted that the bye-laws of the respondent No.6 is yet to be registered and therefore, the petitioners are entitled to challenge the correctness of the bye-laws in accordance with law. He however contends that the election process would begin only when the calendar of events is issued. Since the same is not done, the amendment to the bye-laws cannot be deemed as one brought about after the election process has begun. 30. I have considered the submissions of the learned Senior Counsel for the petitioners as well as the learned Additional Government Advocate for the official respondents as well as the learned Senior Counsel for the respondent No.6. 31. The only question that arises for consideration in this petition is: "Whether the amendment to the bye-laws of the respondent No.6 is after the election process had begun to elect the managing committee of respondent No.6?" - 35 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 32. Before answering this question, it is relevant to note that the procedure for conducting elections to the managing committee of a co-operative society is largely different from the procedure for conducting elections to the State Assembly or the Parliament. This is due to the peculiar nature of the co-operative structure, its membership, disqualification from membership, criteria determining eligibility to participate in the elections etc. Thus the answer to the above question can lie only in the provisions of the Act, 1959 and nowhere else. 33. (i) For the purpose of completeness of narration, it is relevant to refer to the existing bye-laws of the respondent No.6 in so far as it relates to bifurcation of the constituencies from which members could be elected to the managing committee of respondent no.6, which is as follows: 9 DqÀ½vÀ ªÀÄAqÀ½ 1) ¨ÁåAQ£À PÁAiÀÄð¤ªÀðºÀuÉAiÀÄ ªÀåªÀ¸ÁÜ¥À£É ªÀÄvÀÄÛ ¤zÉÃð±À£ÀªÀÅ PÉ¼ÀV£ÀAvÉ ªÀÄÄRåPÁAiÀÄð¤ªÀðºÀuÁ¢üPÁjgÀªÀgÀ£ÀÄß ºÉÆgÀvÀÄ ¥Àr¹ 21 ¤zÉÃð±ÀPÀgÀÄUÀ¼À£ÉÆß¼ÀUÉÆAqÀ DqÀ½vÀ ªÀÄAqÀ°AiÀÄ°è ¤»vÀªÁVgÀvÀPÀÌzÀÄÝ. C. ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À ¥Àæw vÁ®ÆèQ¤AzÀ M§âgÀAvÉ ¥ÁæxÀ«ÄPÀ PÀÈ¶ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀ/(ªÀåªÀ¸ÁAiÀÄ ¸ÉÃªÁ ¸ÀºÀPÁgÀ ¸ÀAWÀ/ ªÀåªÀ¸ÁAiÀÄ ¸ÉÃªÁ ¸ÀºÀPÁgÀ ¨ÁåAPï/gÉÊvÀgÀ ¸ÉÃªÁ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄ)UÀ¼ÀÄ ªÀÄvÀÄÛ AiÀiÁªÀÅzÉÃ ºÉ¸Àj¤AzÀ PÀgÉAiÀÄ®àqÀÄªÀ PÀÈ¶ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'J' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ......12 ¤zÉÃð±ÀPÀgÀÄ. - 36 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 D. ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À J¯Áè vÁ®ÆèPÀÄ PÀÈ¶ GvÀà£Àß ªÀiÁgÁl ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À '©' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ......1 ¤zÉÃð±ÀPÀ. E. ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À J¯Áè ¥ÀlÖt ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ªÀåªÀ¸ÁAiÉÄÃvÀgÀ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À '¹' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ......1 ¤zÉÃð±ÀPÀ. F. (i) ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Éè ºÁUÀÆ ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯ÉèUÀ¼À°è£À J¯Áè ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'r' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ....1 ¤zÉÃð±ÀPÀ. (ii) gÁªÀÄ£ÀUÀgÀ f¯ÉèUÀ¼À°è£À J¯Áè ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'r' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ......1 ¤zÉÃð±ÀPÀ. G. ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À UÁæºÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'E' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄ CªÀgÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ......1 ¤zÉÃð±ÀPÀ. H. ªÉÄÃ¯É £ÀªÀÄÆ¢¹gÀÄªÀ (1)C, (1)D, (1)E, (1)F, ªÀÄvÀÄÛ (1)G C£ÀÄß ºÉÆgÀvÀÄ¥Àr¹zÀ ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À E¤ßÃvÀgÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'E' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ .....1 ¤zÉÃð±ÀPÀ. ZÀÄ£Á¬ÄvÀgÁzÀ ¤zÉÃð±ÀPÀgÀÄ .....18 IÄ. ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À dAn ¤§AzsÀPÀgÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ ¥ÁæAvÀ, ¨ÉAUÀ¼ÀÆgÀÄ ......1 ¤zÉÃð±ÀPÀ. J. C¥ÉPïì ¨ÁåAPï ¥Àæw¤¢ ü......1 ¤zÉÃð±ÀPÀ. K. ªÉÄÃ¯ÁÌtÂ¹zÀ MlÄÖ 20 d£À ¤zÉÃð±ÀPÀgÀÄUÀ¼ÉÆA¢UÉ PÁAiÉÄÝ, PÁ£ÀÆ£ÀÄUÀ½UÉ C£ÀÄ¸ÁgÀªÁV PÀ£ÁðlPÀ ¸ÀPÁðgÀªÀÅ £ÁªÀÄ ¤zÉÃð±À£À ªÀiÁqÀÄªÀ M§â ªÀåQÛAiÀÄÄ ¸ÀºÀ DqÀ½vÀ ªÀÄAqÀ° ¤zÉÃð±ÀPÀgÁV EgÀ§ºÀÄzÁVzÉ. ......1 ¤zÉÃð±ÀPÀ. MlÄÖ ......21 ¤zÉÃð±ÀPÀ. (ii) The bye-laws of respondent No.6 was amended by the respondent No.6, which was approved by the general body of the respondent No.6 on 29.07.2025 and reads as follows: 9 DqÀ½vÀ ªÀÄAqÀ½ : ದುಪಾದ ಉಪ ಯಮ ¨ÁåAQ£À PÁAiÀÄð¤ªÀðºÀuÉAiÀÄ ªÀåªÀ¸ÁÜ¥À£É ªÀÄvÀÄÛ ¤zÉÃð±À£ÀªÀÅ PÉ¼ÀV£ÀAvÉ ªÀÄÄRåPÁAiÀÄð¤ªÀðºÀuÁ¢üPÁjAiÀÄªÀgÀ£ÀÄß ºÉÆgÀvÀÄ ¥Àr¹ 21 - 37 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 ¤zÉÃð±ÀPÀgÀÄUÀ¼À£ÉÆß¼ÀUÉÆAqÀ DqÀ½vÀ ªÀÄAqÀ°AiÀÄ°è ¤»vÀªÁVgÀvÀPÀÌzÀÄÝ C. ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À ¨sËUÉÆÃ½PÀ ¥Àj«wAiÀÄ°è£À PÀ¤µÀÖ 13 ¥ÁåPÀì÷Î¼À ¸ÀASÉåUÀ£ÀÄUÀÄtªÁV M§âgÀAvÉ 'r' °«ÄmÉÃµÀ£ï Cr PÉëÃvÀæ ¤UÀ¢¥Àr¹ ¥ÁæxÀ«ÄPÀ PÀÈ¶ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀ/(ªÀåªÀ¸ÁAiÀÄ ¸ÉÃªÁ ¸ÀºÀPÁgÀ ¸ÀAWÀ/ªÀåªÀ¸ÁAiÀÄ ¸ÉÃªÁ ¸ÀºÀPÁgÀ ¨ÁåAPï/ gÉÊvÀgÀ ¸ÉÃªÁ ¸ÀºÀPÁgÀ ¨ÁåAPÀÄ)/ ««zÉÆÝÃzÉÝÃ±À ¥ÁæxÀ«ÄPÀ UÁæ«ÄÃt PÀÈ¶ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'J' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ PÉëÃvÀæªÁgÀÄ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ……14 ¤zÉÃð±ÀPÀgÀÄ. F PÉ¼ÀPÀAqÀAvÉ PÉëÃvÀæªÁgÀÄ ¤UÀ¢¥Àr¸À¯ÁVzÉ. F PÉ¼ÀPÀAqÀAvÉ PÉëÃvÀæªÁgÀÄ ¤UÀ¢¥Àr¸À¯ÁVzÉ. ¨ÉAUÀ¼ÀÆgÀÄ GvÀÛgÀ PÉëÃvÀæ ¨ÉAUÀ¼ÀÆgÀÄ zÀQët PÉëÃvÀæ D£ÉÃPÀ¯ï PÉëÃvÀæ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ 1 ¨ÁUÀ®ÆgÀÄ 1 ZÉÆÃ¼À£ÁAiÀÄPÀ£À ºÀ½î 1 D£ÉÃPÀ¯ï PÀ¸À¨Á 2 ¨ÉlÖ¸À®¸ÀÆgÀÄ 2 vÁªÀgÉPÉgÉ 2 ¸ÀeÁð¥ÀÄgÀ 3 §ArPÉÆrUÉºÀ½î 3 CUÀgÀ 3 CwÛ¨É¯É 4 ªÀiÁgÉÃ£ÀºÀ½î 4 gÁªÀÅUÉÆqÀÄè 4 UÀÄqÀØºÀ½î 5 aPÀÌeÁ® 5 PÉAUÉÃj 5 ºÉ£ÁßUÀgÀ 6 ¹AUÀºÀ½î 6 gÁªÉÆÃºÀ½î 6 ªÀiÁAiÀÄ¸ÀAzÀæ 7 ¨ÁålgÁAiÀÄ£À¥ÀÄgÀ 7 CdÓ£ÀºÀ½î 7 ªÀiÁAiÀÄ¸ÀAzÀæ 8 D®ÆgÀÄ 8 gÁªÀÄ£ÀºÀ½î 8 aPÀÌºÉÆ¸ÀºÀ½î 9 ¸ÉÆAqÉPÉÆ¥Àà 9 CtÚºÀ½î 9 ºÁgÀUÀzÉÝ 10 UÉÆÃ¥Á®¥ÀÄgÀ 10 ¨ÉÊgÀªÀÄAUÀ® 10 fUÀtÂ 11 zÁ¸À£À¥ÀÄgÀ 11 ©qÀ¢ RSSSN 11 §ÄPÀÌ¸ÁUÀgÀ 12 ªÀiÁzÀ£ÁAiÀÄPÀ£À ºÀ½î 12 ºÀÄt¸À£ÀºÀ½î 12 ¸ÀPÀ®ªÁgÀ 13 ºÀÄ¸ÀÆÌgÀÄ 13 PÉÊ¯ÁAZÀ 13 §£ÉßÃgÀÄWÀlÖ 14 CAPÀ£ÀºÀ½î 14 ¥ÀtvÉÛöÊgÀAiÀÄ 15 §¤ßPÀÄ¥Éà 15 PÉÆqÀw 16 CªÉéÃgÀºÀ½î 17 «¨sÀÆwPÉgÉ £É®ªÀÄAUÀ® PÉëÃvÀæ zÉÆqÀØ§¼Áî¥ÀÄgÀ PÉëÃvÀæ zÉÃªÀ£ÀºÀ½î PÉëÃvÀæ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ 1 PÀ¸À¨Á 1 PÀ¸À¨Á 1 zÉÃªÀ£ÀºÀ½î PÀ¸À¨Á 2 ¤qÀÄªÀAzÀ 2 ¹AUÀ£ÁAiÀÄPÀ£ÀºÀ½î 2 CªÀw 3 ©®è£ÀPÉÆÃmÉ 3 ºÉ¸ÀgÀÄWÀlÖ 3 §Æ¢UÉgÉ 4 PÉA¥Á¥ÀÄgÀ CUÀæºÁgÀ 4 CgÀzÉÃ±ÀºÀ½î 4 £À®ÆègÀÄ 5 zÉÃªÀgÀºÉÆ¸ÀºÀ½î 5 PÀÄAzÁt 5 «±Àé£ÁxÀ¥ÀÄgÀ 6 ªÀÄuÉÚ 6 ¨ÉÆªÀÄäªÁgÀ 6 ©zÀ®ÆgÀÄ 7 ªÀÄgÀ¼ÀPÀÄAmÉ 7 ¨Á±ÉnÖºÀ½î 7 PÁgÀºÀ½î 8 PÀ¼À®ÄWÀlÖ 8 zÉÆqÀØvÀÄªÀÄPÀÆgÀÄ 8 zÉÆqÀØ¸ÀuÉÚ 9 n ¨ÉÃUÀÆgÀÄ 9 CgÀ¼ÀÄªÀÄ°èUÉ 9 PÀ£ÀßªÀÄAUÀ¼À - 38 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 10 §Æ¢ºÁ¯ï 10 PÉÆ£ÀWÀlÖ 10 «dAiÀÄ¥ÀÄgÀ 11 ºÉÆ£ÀßgÁAiÀÄ£ÀºÀ½î 11 gÁdWÀlÖ 11 AiÀÄ°AiÀÄÆgÀÄ 12 ²æÃ¤ªÁ¸À¥ÀÄgÀ 12 PÀAl£ÀPÀÄAmÉ 12 ZÀ£ÀßgÁAiÀÄ¥ÀlÖt 13 AiÀÄAnUÁ£ÀºÀ½î 13 PÉÆrUÉºÀ½î 13 ªÀÄAr¨É¯É 14 UÁA¢üUÁæªÀÄ 15 UÉÆ®èºÀ½î PÀ£À¸ÀªÁr PÉëÃvÀæ ºÉÆ¸ÀPÉÆÃmÉ PÉëÃvÀæ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ 1 UÀAnUÁ£ÀºÀ½î 1 mË£ï SCFSCS 2 ºÀt¨É 2 ºÉÆgÀªÀiÁªÀÅ 3 vÀÆ§UÉgÉ 3 ©zÀgÀºÀ½î 4 UÀÄAqÀAUÉgÉ 4 PÁqÀUÉÆÃr 5 J¸ï J¸ï WÁn 5 ªÀvÀÆðgÀÄ 6 ªÀiÁZÀUÉÆAqÀ£ÀºÀ½î 6 ªÀÄÄvÀìAzÀæ 7 ºÁqÉÆÃ£ÀºÀ½î 7 UÀtUÀ®ÆgÀÄ 8 ¸Á¸À®Ä 8 ªÀÄÄvÀÆÛgÀÄ 9 PÉ¸ÀÆÛgÀÄ 9 drUÉÃ£ÀºÀ½î 10 zÉÆqÀØ¨É¼ÀªÀAUÀ® 10 ²ªÀ£Á¥ÀÄgÀ 11 ¸ÀPÀÌgÉUÉÆ®èºÀ½î 11 £É®ªÁV®Ä 12 ºÀÄ°PÀÄAmÉ 12 ElÖ¸ÀAzÀæ 13 PÁqÀw¥ÀÆàgÀÄ 13 ¸ÀÆ°¨É¯É 14 §£ÀªÀw 15 PÀ£À¸ÀªÁr 16 ZÀ£ÁßzÉÃ«CUÀæºÁgÀ 17 UÀAqÀgÀUÉÆ½¥ÀÄgÀ w¥ÀÆàgÀÄ PÀ£ÀPÀ¥ÀÄgÀ ºÁgÉÆÃºÀ½î gÁªÀÄ£ÀUÀgÀ PÉëÃvÀæ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ 1 PÉÆÃrºÀ½î 1 PÉÆvÀÛ£ÀÆgÀÄ 1 CZÀðPÀgÀ ºÀ½î 2 ºÉÃjAzÁå¥À£ÀºÀ½î 2 aPÀÌªÀÄzÀªÁr 2 ºÀ½îªÀiÁ¼À 3 PÉÆ¼ÀUÉÆAqÀ£ÀºÀ½î 3 vÀÄAUÀtÂ 3 ¸ÀÄUÀÎ£ÀºÀ½î 4 ºÀÄt¸À£ÀºÀ½î 4 §gÀqÀ£ÀºÀ½î 4 ®QëöäÃ¥ÀÄgÀ 5 ºÉÆ¸ÀzÀÄUÀð 5 £ÁgÁAiÀÄt¥ÀÄgÀ 5 eÁ®ªÀÄAUÀ® 6 ºÀÆPÀÄAzÀ 6 ²ªÀ£ÀºÀ½î 6 zÉÆqÀØUÀAUÀªÁr 7 ºÁgÉÆÃ¨É¯É 7 PÀ£ÀPÀ¥ÀÄgÀ RSSSN 7 CPÀÆÌgÀÄ 8 ªÀÄgÀ¼ÉÃ¨ÉÃPÀÄ¥Àà 8 §£ÀªÁ¹ 8 AiÀÄgÉÃºÀ½î 9 zÉÆqÁØ®ºÀ½î 9 ªÀÄgÀ¼ÀªÁr 9 PÀÆlUÀ¯ï 10 GAiÀÄåAUÀ½î 10 ªÀÄ®èUÉªÉÄlÄÖ 10 PÀÄgÀÄ§gÀºÀ½î 11 ¸ÁvÀ£ÀÄgÀÄ 11 n. ºÉÆ¸ÀºÀ½î 11 PÁå¸À¥ÀÄgÀ 12 ºÉÆ¤ßUÀ£ÀºÀ½î 12 PÀUÀÎ®ºÀ½î 12 ªÀAzÁgÀUÀÄ¥Àà 13 PÀ¨Áâ¼ÀÄ 13 ºÁgÉÆÃºÀ½î 13 §æºÀätÂÃ¥ÀÄgÀ 14 CZÀÑ®Ä 14 aPÀÌPÀ¯ï ¨Á¼ï 14 ªÀiÁPÀ½ 15 PÉÆ½îUÀ£ÀºÀ½î 15 «ÃgÉÃUËqÀ£ÀzÉÆrØ - 39 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 ZÀ£Àß¥ÀlÖt PÉëÃvÀæ ªÀiÁUÀr PÉëÃvÀæ ¸ÉÆÃ®ÆgÀÄ PÉëÃvÀæ PÀæ.¸À A ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸À A ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ PÀæ.¸À A ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ 1 EUÀÎ®ÆgÀÄ 1 ¨ÁZÉÃ£ÀºÀnÖ 1 ¸ÉÆÃ®ÆgÀÄ 2 ¸ÉÆÃUÁ® 2 ªÀiÁqÀ¨Á¼ï 2 ¨ÉlÖºÀ½î 3 CPÀÆÌgÀÄ 3 §V£ÀUÉgÉ 3 ºÀÄ°PÀ¯ï 4 ºÀÄt¸À£ÀºÀ½î 4 aPÀÌªÀÄÄ¢UÉgÉ 4 ¨ÁtªÁr 5 PÉÆÃqÀA§½î 5 PÀ¯Áå 5 aPÀÌºÀ½î 6 ¹AUÀgÁf¥ÀÄgÀ 6 ¸ÀAQÃWÀlÖ 6 ºÀÄ¼ÉîÃ£ÀºÀ½î 7 CgÀ¼Á¼ÀÄ¸ÀAzÀæ 7 ¨Áå®PÉgÉ 7 ®PÉÌÃ£ÀºÀ½î 8 ºÉÆAUÀ£ÀÆgÀÄ 8 w¥Àà¸ÀAzÀæ 8 PÀA¨Á¼ÀÄ 9 vÀUÀZÀUÉgÉ 9 zÉÆqÀØ¸ÉÆÃªÀÄ£ÀºÀ ½î 9 ¸ÉÆÃA¥ÀÄgÀ 10 PÀ¸À¨Á 10 ¨É¼ÀUÀÄA§ 10 §gÀUÉÃ£ÀºÀ°î 11 zÉÆqÀØªÀÄ¼ÀÆgÀÄ 11 CUÀ®PÉÆÃmÉ 11 vÁåªÀÄUÉÆÃAqÀÄè 12 ªÀÄ¼ÀÆgÀÄ ¥ÀlÖt 12 ZÀPÀæ¨Á« 12 ªÉÆÃlUÉÆAqÀ£ÀºÀ ½î 13 ªÀÄwÛÃPÉgÉ 13 ªÀÄwÛPÉgÉ 13 UÀÄqÉÃªÀiÁgÀ£ÀºÀ½î 14 ªÀÄÄ¢UÉgÉ 14 §ÄlÖ£ÀºÀ½î 14 ªÀÄjPÀÄ¥Éà 15 ºÉÆ£Àß£ÁAiÀÄPÀ£ÀºÀ ½î 15 ªÀÄtÂÚUÁ£ÀºÀ½î 16 ¨ÉÃªÀÇgÀÄ 16 £ÁgÀ¸ÀAzÀæ 17 ªÉÄÊ®£ÁAiÀÄÌ£ÀºÀ½î 17 PÀÄzÀÆgÀÄ 18 £ÁUÀªÁgÀ 18 ©¸ÀÆÌgÀÄ C) (1) PÉ¼ÀPÀAqÀ ¸ÀAWÀUÀ¼ÀÄ ¤¶ÌÃAiÀÄ CxÀªÁ ¸ÀªÀiÁ¥À£ÉUÉÆArzÀÄÝ, F ¸ÀAWÀUÀ¼À°è §ºÀÄvÉÃPÀ ¸ÀAWÀUÀ¼ÀÄ £ÀUÀgÀ ¥ÀæzÉÃ±ÀUÀ¼À°èzÀÄÝ. £ÀUÀjÃPÀgÀt¢ªÀÄzÀ EªÀÅUÀ¼ÀÄ ¥ÀÄ£ÀB±ÉÑÃvÀ£ÀUÉÆ¼ÀÄîªÀ ¸ÁzsÀåvÉ PÀrªÉÄ¬ÄgÀÄvÀÛzÉ. DzÀgÀÆ ªÀÄÄAzÉ F ¸ÀAWÀUÀ¼ÀÄ ¥ÀÄ£ÀB±ÉÑÃvÀ£ÀUÉÆAqÀÄ, PÁAiÀÄð¤ªÀð»¹zÀ°è, ¨sËUÉÆÃ½PÀ ¥Àj«ÄwUÀ£ÀÄUÀÄtªÁV C£Àé¬Ä¸ÀÄªÀ DAiÀiÁ PÉëÃvÀæPÉÌ ¸ÉÃ¥ÀðqÀUÉÆ¼ÀîvÀPÀÌzÀÄÝ. PÀæ.¸ÀA ¥ÁåPïëUÀ¼À ºÉ¸ÀgÀÄ PÀæ.¸ÀA ¥ÁåPïëUÀ¼À ºÉ¸ÀgÀÄ 1 ºÉÃgÉÆÃºÀ½î ¨ÁåqÀgÀºÀ½î 9 ªÀiÁAiÀÄUÁ£ÀºÀ½î 2 £ÁUÀªÁgÀ 10 gÁªÀÄ£ÀUÀgÀ RSSSN 3 PÀqÀ§UÉgÉ 11 «gÀÄ¥ÁQë¥ÀÄgÀ 4 ªÀÄvÀÛºÀ½î 12 PÉÆÃqÀA§½î 5 vÀgÀºÀÄt¸É 13 ZÀ£ÀßgÁAiÀÄ¥ÀlÖt RSSSN 6 ¨ÉlÖºÀ®¸ÀÆgÀÄ 14 ªÀÄ¯ÉèÃ¥ÀÄgÀ 7 ZÀÄAZÀ£ÀPÀÄ¥Éà 15 ªÉÄAPÀqÀVjPÉÆÃmÉ 8 UÀÄAdÆgÀÄ C) (2) ºÉ¸ÀzÁV 'J' ªÀUÀðzÀ ¸ÀzÀ¸Àå ¸ÀAWÀUÀ¼ÀÄ gÀZÀ£ÉAiÀiÁV ¨ÁåAQ£À - 40 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 ¸ÀzÀ¸ÀåvÀé ¥ÀqÉzÀ°è D ¸ÀAWÀUÀ¼À£ÀÄß ¨sËUÉÆÃ½PÀ ¥Àj«ÄwUÉ M¼À¥ÀqÀÄªÀ PÉëÃvÀæPÉÌ ¸ÉÃj¸ÀvÀPÀÌzÀÄÝ. E (i) ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À J¯Áè ¥ÀlÖt ¸ÀºÀPÁgÀ ¨ÁåAPÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ªÀåªÀ¸ÁAiÉÄÃvÀgÀ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À '¹' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄ (ii) ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À UÁæºÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'E' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄ (iii) ªÀÄÆgÀÄ f¯ÉèUÀ¼À°è£À E¤ßvÀgÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'E-EvÀgÉ' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ('J' ªÀUÀð, '©' ªÀUÀð, '¹' ªÀUÀð, 'r' ªÀUÀð ªÀÄvÀÄÛ 'E' ªÀUÀðUÀ¼À ¸ÀzÀ¸Àå ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À£ÀÄß ºÉÆgÀvÀÄ¥Àr¹) ZÀÄ£Á¬Ä¸À®àqÀÄªÀ .................. 1 ¤zÉÃð±ÀPÀgÀÄ F (i) ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Éè ºÁUÀÆ ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯ÉèUÀ¼À°è£À E¯Áè ºÀ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'r' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ .................. 1 ¤zÉÃð±ÀPÀgÀÄ (ii) gÁªÀÄ£ÀUÀgÀ f¯ÉèUÀ¼À°è£À J¯Áè ºÁ®Ä GvÁàzÀPÀgÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À 'r' ªÀUÀðzÀ ¸ÀzÀ¸ÀågÀÄUÀ½AzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ............... 1 ¤zÉÃð±ÀPÀgÀÄ 9(1) "E" gÀ°è£À ¹ ªÀUÀðzÀ ¸ÀzÀ¸ÀåvÀé¢ªÀÄzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ¤zÉÃð±ÀPÀgÀ ¸ÀÜ£ÀPÉÌ «°Ã£ÀUÉÆ½¹zÉ. 9(1) "E" gÀ°è£À ¹ ªÀUÀðzÀ ¸ÀzÀ¸ÀåvÀé¢ªÀÄzÀ ZÀÄ£Á¬Ä¸À®àqÀÄªÀ ¤zÉÃð±ÀPÀgÀ ¸ÀÜ£ÀPÉÌ «°Ã£ÀUÉÆ½¹zÉ. ZÀÄ£Á¬ÄvÀ ¤zÉÃð±ÀPÀgÀÄ ................ 18 IÄ. ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À dAn ¤§AzsÀPÀgÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ ¥ÁæAvÀ, ¨ÉAUÀ¼ÀÆgÀÄ J. C¥ÉPïì ¨ÁåAPï ¥Àæw¤¢ü K. ªÉÄÃ¯ÁÌtÂ¹zÀ MlÄÖ 20 d£À ¤zÉÃð±ÀPÀgÀÄUÀ¼ÉÆA¢UÉ PÁAiÉÄÝ, PÁ£ÀÆ£ÀÄUÀ½UÉ C£ÀÄ¸ÁgÀªÁV PÀ£ÁðlPÀ ¸ÀPÁðgÀªÀÅ £ÁªÀÄ ¤zÉÃð±À£À ªÀiÁqÀÄªÀ M§â ªÀåQÛAiÀÄÄ ¸ÀºÀ DqÀ½vÀ ªÀÄAqÀ° ¤zÉÃð±ÀPÀgÁV EgÀ§ºÀÄzÁVzÉ MlÄÖ .................... 21 ¤zÉÃð±ÀPÀgÀÄ (iii) Rule 13 of the Rules, 1960 reads as follows: 13. Election of the members of the Board by the general body.-(1) A Co-operative Society may, for the purpose of election of members to the Board, divide its membership into different groups on a territorial or any other basis. - 41 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 [(2) The bye-laws of such a society may specify the number or proportion of the directors to be elected as members of the board of the society to represent each such group on the board and may specify further that such directors may be elected. - (a) by all the members of the society, constituting a single electoral college; or (b) by different smaller groups of members of the society to which such directors belong, constituting more than one electoral college: Provided, that the number of directors to be elected from each electoral college at the general election of the board of such co-operative society shall be as nearly as possible in proportion to the number of the members in the respective electoral college. (3) However, if the bye-laws of a society do not provide for such electoral colleges as specified in sub-rule 2(b) when the elections to the board of directors of the society are due, the Co-operative Election [Authority] is competent to determine such electoral college and notify the same and conduct such elections of the society as per the notification issued.] (iv) Therefore, it is evident that in normal circumstances, a co-operative society is entitled to prescribe the criteria and the manner for admitting members and also define constituencies to spur the co-operative principle. Since the - 42 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 validity of the amendment of the bye laws of the respondent no.6 is not challenged before this Court in this writ petition, this court has refrained from commenting upon the vires of the amendment that was approved by the general body of the respondent no.6. 34. The controversy in these petitions has arisen in view of the notification issued by the election officer in Form No.XI under Section 39-AA of the Act, 1959 read with Rule 14(1), Rules 1960 on 07.07.2025. It is the case of the petitioners that the amendment of the bye-laws was approved by the general body of the respondent no.6 after the notification under Rule 14(1) of the Rules, 1960 was issued and hence amounts to interference in the election process. 35. In order to understand whether issuance of a notification under Rule 14 of the Rules, 1960 amounts to commencement of the election process, it is essential to understand the difference between the election process and the preparatory work for an election. 36. Under Section 28-B, the election to a board of a co- operative society shall be conducted before the expiry of the - 43 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 term of the board. In so far as a co-operative society under a co-operative credit structure, elections shall be conducted in four stages, namely elections in respect of (i) primary co- operative societies (ii) secondary co-operative societies (iii) Federal co-operative societies (iv) Apex Co-operative Societies. Every election shall be held under the superintendence of the Co-operative Election Authority constituted under Section 39-AA of the Act, 1959. The proviso to Section 39-A mandates that the Co-operative Election Authority shall prepare the electoral roll and conduct the elections during the last six months prior to the expiry of the term of office of the board of a co-operative society. 37. (i) The election officer with the approval of the Co- operative Election Authority could notify the intended election in Form XI which is extracted below: PÀ£ÁðlPÀ ¸ÀPÁðgÀ f¯Áè¢üPÁj ºÁUÀÆ f¯Áè ZÀÄ£ÁªÀuÁ¢üPÁjUÀ¼À PÁAiÀiÁð®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Éè. £ÀªÀÄÆ£É XI [¤AiÀÄªÀÄ 14(1) C£ÀÄß £ÉÆÃr] C¢ü¸ÀÆZÀ£É - 44 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 ¸ÀASÉå: ZÀÄ£Á/(¸À.¸ÀAWÀ)/¹.Dgï/03/2025-26 ¢£ÁAPÀ: 07.07.2025 PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁAiÉÄÝ 1959 ºÁUÀÆ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀÄªÀÄUÀ¼ÀÄ 1960 gÀ G¥À§AzsÀUÀ¼À CrAiÀÄ°è F PÉ¼ÀPÀAqÀ ¥sÉqÀgÀ¯ï ¸ÀºÀPÁgÀ ¸ÀAWÀzÀ DqÀ½vÀ ªÀÄAqÀ½UÉ ¢£ÁAPÀ:01.01.2025 jAzÀ 31.12.2025gÀªÀgÉUÉ ZÀÄ£ÁªÀuÉAiÀÄ£ÀÄß G¥À«¢üUÀ¼À°è ¤¢ðµÀÖ¥Àr¹gÀÄªÀAvÉ ««zsÀ ¥ÀæzÉÃ±ÀUÀ½AzÀ CxÀªÁ ªÀÄvÀPÉëÃvÀæUÀ½AzÀ ZÀÄ£ÁªÀuÉUÀ¼À£ÀÄß £ÀqÉ¸À¨ÉÃPÁVgÀÄvÀÛzÉ. ¥sÉqÀgÀ¯ï ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À DqÀ½vÀ ªÀÄAqÀ½UÉ ¤zÉÃð±ÀPÀgÀÄUÀ¼À ZÀÄ£ÁªÀuÉAiÀÄ£ÀÄß £ÀqÉ¸À®Ä ¸ÀºÀPÁgÀ ZÀÄ£ÁªÀuÁ ¥Áæ¢üPÁgÀzÀ DzÉÃ±À ¸ÀASÉå: ¸ÀZÀ¥Áæ/DqÀ½vÀ/¥ÉÃ¸À¸ÀAZÀÄ£ÉÃ/08/2024-25 ¢£ÁAPÀ 15.06.2024gÀAvÉ ¸ÁªÀiÁ£Àå ZÀÄ£ÁªÀuÉUÁV C¢ü¸ÀÆZÀ£É ºÉÆgÀr¸ÀÄªÀ §UÉÎ ZÀÄ£ÁªÀuÁ¢üPÁjUÉ C£ÀÄªÀÄw¹gÀÄvÀÛzÉ. DzÀÄzÀjAzÀ, PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À ¤AiÀÄªÀÄUÀ¼ÀÄ 1960 gÀ ¤AiÀÄªÀÄ 14(1) gÀ°è ¤»vÀªÁVgÀÄªÀ C¢üPÁgÀzÀ£ÀéAiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯ÉèAiÀÄ ¥sÉqÀgÀ¯ï ¸ÀºÀPÁIÄ ¸ÀAWÀUÀ¼À ZÀÄ£ÁªÀuÁ¢üPÁjAiÀiÁV dUÀ¢Ã±À. f, ¨sÁ.D.¸ÉÃ., f¯Áè¢üPÁj, ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Éè DzÀ £Á£ÀÄ ¸ÀzÀj ZÀÄ£ÁªÀuÉUÉ ¸ÀA§A¢ü¹zÀ F PÉ¼ÀPÀAqÀ ZÀÄ£ÁªÀuÁ ¢£ÁAPÀªÀ£ÀÄß ¤UÀ¢ü¥Àr¹gÀÄvÉÛÃ£É. PÀæ. ¸ÀA. ¥sÉqÀgÀ¯ï ¸ÀºÀPÁgÀ ¸ÀAWÀzÀ ºÉ¸ÀgÀÄ ¤UÀ¢ü¥Àr¹zÀ ZÀÄ£ÁªÀuÁ ¢£ÁAPÀ 01 ¨ÉAUÀ¼ÀÆgÀÄ f¯Áè PÉÃAzÀæ ¸ÀºÀPÁgÀ ¨ÁåAPï ¤AiÀÄ«ÄvÀ, ¨ÉAUÀ¼ÀÆgÀÄ. 07.12.2025 - 45 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 1. ZÀÄ£ÁªÀuÉAiÀÄ ¢£ÁAPÀzÀ ¤PÀl¥ÀÇªÀðzÀ K¼À£ÉÃ ¸ÀàµÀÖ ¢£ÀzÀAzÀÄ ZÀÄ£ÁªÀuÉUÉ ¸Àà¢üð¸À®Ä EZÉÒAiÀÄÄ¼Àî C¨sÀåyðUÀ½AzÀ £ÁªÀÄ¥ÀvÀæªÀ£ÀÄß ¹éÃPÀj¸À®Ä PÉÆ£ÉAiÀÄ ¢£ÁAPÀªÁVgÀvÀPÀÌzÀÄÝ. 2. £ÁªÀÄ¥ÀvÀæ ¹éÃPÀj¸À®Ä ¤UÀ¢üAiÀiÁzÀ PÉÆ£ÉAiÀÄ ¢£ÁAPÀzÀ ¤PÀl £ÀAvÀgÀzÀ ªÀÄgÀÄ¢£À £ÁªÀÄ¥ÀvÀæUÀ¼À ¥Àj²Ã®£Á ¢£ÁAPÀªÁVgÀvÀPÀÌzÀÄÝ. 3. ZÀÄ£ÁªÀuÉAiÀÄ ¢£ÁAPÀzÀ ¤PÀl¥ÀÇªÀðzÀ LzÀ£ÉÃ ¸ÀàµÀÖ ¢£ÀªÀÅ ¸Àà¢üð¸ÀÄªÀ C¨sÀåyðUÀ¼ÀÄ £ÁªÀÄ¥ÀvÀæUÀ¼À£ÀÄß »AvÉUÉzÀÄPÉÆ¼Àî®Ä PÉÆ£ÉAiÀÄ ¢£ÁAPÀªÁVgÀvÀPÀÌzÀÄÝ. 4. CUÀvÀå«zÀÝ°è ªÀÄvÀzÁ£À £ÀqÉAiÀÄvÀPÀÌ ¢£ÁAPÀ ºÁUÀÆ ªÀÄvÀzÁ£À £ÀqÉAiÀÄvÀPÀÌ ¸ÀªÀÄAiÀÄªÀ£ÀÄß ¤UÀ¢¥Àr¸ÀvÀPÀÌzÀÄÝ. 5. AiÀiÁªÀ ¢£ÁAPÀPÉÌ ªÀÄÄAZÉ ZÀÄ£ÁªÀuÉAiÀÄ£ÀÄß ¥ÀÇtðUÉÆ½¸À¨ÉÃPÉÆÃ ¢£ÀªÀ£ÀÄß ¤UÀ¢¥Àr¸ÀvÀPÀÌzÀÄÝ. £ÉÃªÀÄPÀUÉÆAqÀ jl¤ðAUï D¦üÃ¸ÀgïgÀªÀgÀÄ ZÀÄ£ÁªÀuÉ £ÀqÉAiÀÄÄªÀ ¸ÀÜ¼À, ¢£À ªÀÄvÀÄÛ ¢£ÁAPÀªÀ£ÀÄß ¤UÀ¢ü¥Àr¹ ¥ÀævÉåÃPÀªÁV ZÀÄ£ÁªÀuÁ ªÉÃ¼Á¥ÀnÖAiÀÄ£ÀÄß ¥ÀæPÀn¸ÀvÀPÀÌzÀÄÝ. (ii) Later, the returning officer appointed by the election officer or the co-operative election authority as the case may be, publish a notice of the intended election in Form XII which is as below: "FORM XII [See Rule 14(3)) Notice of Election - 46 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 Notice is hereby given that a general election of directors to the board... society......./election to fill up a casual vacancy on the board of……………. will be held on…….date………. between 9 AM and 4 PM at ...........place from……….area/constituency reserved for Backward Classes/Scheduled Castes/Scheduled Tribes and Women. Notice is also hereby given that the calendar of events for the said election shall be as under: a the last date for receipt of On seventh clear day before nomination papers from the date of election (date the intending candidates and time to be indicated) (Rule 14-A) On seventh clear day before the date of election (date and time to be indicated) b the scrutiny of the nomination papers by the Returning officer (Rule 14- B) On sixth clear day before the date of election (date and time to be indicated) c the publication of the list of validity nominated candidates by the Returning officer (Rule 14-B(4)) On sixth clear day before the date of election (date and time to be indicated) d The last date for withdrawal of nomination papers by the contesting candidates (Rule 14-C) On fifth clear day before the date of election (date and time to be indicated) e The publication of the list of valid contesting candidates by the Returning Officer (Rule 14-D) On fifth clear day before the date of election (date and time to be indicated) f Allotment of symbols by the returning officer to the candidates if required (Rule 14-D) On fifth clear day before the date of election (date and time to be indicated) - 47 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 g Publication of the list of validity contesting candidates with symbols (Rules 14-E and 14-F) On third clear day before the date of election (date and time to be indicated) h The date and time of poll Date……….. Time - 9 AM to 4 PM i The date and time of the counting Immediately after the close of the polling hours on the polling day itself j Declaration of the results by the returning officer Immediately after the close of the counting on the polling day itself. (d) the number of vacancies to be filled by election; (e) the area or the constituency (specified in the bye- laws) from which the directors are to be elected; (f) the qualifications, if any, specified in the Act, rules or the bye-laws for eligibility for members of the board; (g) the disqualifications, specified in the Act, rules or the bye-laws for being elected as a member. of the board. And……….. Place:……….. Date:………….. Returning Officer." 38. Under Rule 13-C of the Rules 1960, the State Government may advise the election authority on the suitability of dates for conducting elections as per Sub-section (2) of Section 39-A of the Act, 1959. Under Rule 13-C(2) of the Rules, 1960, subject to the general superintendence and directions of the Co-operative election authority, the chief executive of the - 48 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 society shall prepare electoral roll for election to the Co- operative Society. The election officer shall after due verification send a consolidated list of all Co-operative Societies where elections are due at least 120 days before the date of expiry of the term of office of the boards to the co-operative Election Authority. Later, the Co-operative Election Authority should publish a calendar of events for the “preparation of electoral rolls” and the conduct of elections of the boards of the co- operative societies. 39. An elaborate process for preparing the electoral roll is prescribed in Rule 13-D of the Rules, 1960, which commences by the chief executive officer of a society identifying the members who are not eligible to participate in the elections and then issuing “a notice 15 days prior to six months to the date of elections by registered post”. An opportunity is provided to all such ineligible members notified to submit their objections, following which, the same are placed before the election officer along with supporting documents. The election officer shall hear and dispose off the objections and a final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. The CEO of a co- - 49 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 operative society is bound to prepare a draft list of eligible voters / representatives/ delegates with right to vote together with (i) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll (ii) a list of defaulters (iii) a list of members who are not eligible to vote indicating the reasons for their ineligibility. Thereafter the election officer is bound to take steps to publish the eligible list of voters in the manner set out in Rule 13-D (3) by calling for objections “thirty days prior to the date of elections”, scrutinise and verify the voters list after payment by the defaulters “twenty days before the date of election” and publish a final list of eligible voters “fifteen days prior to the date of election”. An election calendar of events is then issued for the general election of directors of the board providing for (i) date of notification inviting nomination (ii) last date for receipt of nomination (iii) date and time for scrutiny of nomination (iv) date and time of publication of list of validly nominated candidates (v) date and time for withdrawal of nomination (vi) date and time for publication of list of contesting candidates (vii) date and time of allotment of symbols and publication of list of contesting candidates with - 50 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 symbols (viii) date and time of poll (ix) Date and time of counting and declaration of results. 40. A returning officer is appointed by the Election Officer of the Co-operative Election Authority for effectively conducting the election in the manner provided under the Rules by doing the duties as specified in Rule 13-E(2) (vi) (a) to (j). 41. (i) A notification under Rule 14 of the Rules is for the purpose of preparing the ground for finalising the list of eligible and ineligible voters as every stage of such finalisation is linked to the “date of election.” The process of election under the Karnataka Co-operative Societies Act, 1959 is deemed to commence from the date when the calendar of events in Form XII is published. In this regard, it is apt to refer to judgment of a co-ordinate bench of this court in Lakshmi Devi v. State of Karnataka 2024 (3) KLJ 451, where it was held that the process of elections to the managing committee of a co-operative society commences with the issuance of form XII as prescribed under rule 14(3) of the Rules. (ii) Another Division Bench of this Court in Mysore and Chamrajnagar District, Co-operative Bank Ltd. & Ors. v. - 51 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 The State of Karntaka & Ors. MANU/KA/0008/2024, held “When a public notice of election in Form XII is issued by the returning officer, the calendar of events and the election process commences and not when the notification in Form-XI is issued by the Election Officer”. Therefore, the claim of the petitioners that the election process began soon after a notification under Rule 14 of the Rules, 1960 was issued, is misplaced. In the instant case, Form XII was not published by the date when the General body of respondent no.6 approved the amendment to the bye laws and therefore the election process had not begun. The judgment relied upon by the learned senior counsel for the petitioners Sri.Jaykumar S Patil in Election Commission of India vs Ashok Kumar & Ors, AIR 1952 SC 64, is not applicable to an election to a co-operative society. As regards the reliance placed on Shri Sant Sadguru (Referred Supra), it is an authority for the proposition that preparation of an electoral roll is an intermediate stage in an election and therefore a writ petition is maintainable. 42. Furthermore, the maintainability of this writ petition is itself doubtful as the amendment was not registered under - 52 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 Section 12 of the Act, 1959 as on the date of filing this writ petition and it had not come into force, as mandated under Section 13 of the Act, 1959. Besides this, it is not in dispute that out of 1034 members, it is only the petitioners numbering six, who have opposed the resolution to amend the bye laws. Therefore, as held by the Apex Court in Bengal Secretariat Co-operative Mortgage Bank & Housing Society vs Aloke Kumar 2022 SCC Online SC 1404, until the resolution of the general body is in force, the decision would also bind the petitioners and they cannot take a stand alone position but are bound by the majority decision. Therefore, no indulgence can be shown to the petitioners in these writ petitions. 43. Since the election process has not yet begun, the amendment which is approved by the general body but is not registered in view of an interim stay granted by this Court, these writ petitions deserves to be disposed off on the following terms: ORDER i. These writ petitions are dismissed. - 53 - HC-KAR NC: 2025:KHC:40031 WP No. 22908 of 2025 C/W WP No. 22955 of 2025 WP No. 24006 of 2025 ii. The Registrar is directed to consider the amendment of the bye-laws of the respondent No.6 and if it is in accordance with law take appropriate steps to register it. It is open for the respondent No.6 to proceed with the elections based on the amended bye-laws, if it is registered by the Registrar. iii. The right to challenge the amendment in the manner known to law, is reserved. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 96

BOMMAVARA MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

Judgment text