- 1 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107107 OF 2025 (CS-EL/M) BETWEEN: SUBRAY NARAYAN BHAT AGE: 56 YEARS, OCC. AGRICULTURE, R/O. KUNTEKALI, MAVINAMANE, TQ. YELLAPUR, DIST.UTTAR KANNADA-581337. …PETITIONER (BY SRI. ARUNACHAL P.HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, M.S. BUILDING, 6TH FLOOR, BANGALORE-01. 2. CO-OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS COMMISSIONER, 3RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, SHANTINAGAR, BANGALORE 560027. 3. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BELAGAVI REGION, BELAGAVI AND ELECTION OFFICER TO ALL SECONDARY SOCIETIES, BELAGAVI REGION-590001. 4. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES UTTARA KANNADA DISTRICT, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 KARWAR, U K DISTRICT. 581337. 5. RETURNING OFFICER TAPCMS LTD., YELLAUR AND CO OPERATIVE DEVELOPMENT OFFICER, YELLAPUR, UK DISTRICT 581337. 6. YELLAPUR TALUKA AGRICULTURAL PRODUCE CO OP MARKETING SOCIETY LTD., YELLAPUR, UTTARA KANNADA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-581337. …RESPONDENTS (BY SRI. RAMESH B.CHIGARI, AGA FOR R1, R3 TO R5; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2; SRI. N.V. YAJI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING A. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED UN DATED ENDORSEMENT ISSUED BY RESPONDENT NO 5 PRODUCED AT ANNEXURE E. B. ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING RESPONDENT NO 5 TO ACCEPT HIS NOMINATION AND ALLOT HIM THE SYMBOL, IN THE ENDS OF JUSTICE. C. ANY OTHER RELIEF AS THIS HON BLE COURT DEEMS FIT IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 a. Issue Writ in the nature of Certiorari by quashing the impugned un dated endorsement issued by respondent no 5 produced at Annexure E. b. Issue writ in the nature of mandamus by directing respondent no 5 to accept his nomination and allot him the symbol, in the ends of justice. c. Any other relief as this Hon’ble Court deems fit in the ends of justice. 2. The petitioner is a 'B' Class member of Respondent No. 6 – Secondary Society. Upon submission of his nomination for contesting the election of the said Secondary Society, his nomination was rejected on the ground that he had not carried out any transaction with the Secondary Society in the preceding three years. Challenging the said rejection, the petitioner has approached this Court. 3. Sri A.P. Hegde, learned counsel for the petitioner, submits that the petitioner is a member of the Primary Society, namely, Mavinamane Vividhoddesha Prathmika Grameena Raita Sangha, which in turn is a member of the Secondary Society. Further, the - 4 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 petitioner is a 'B' Class member of the Secondary Society in his individual capacity. 4. Learned counsel places reliance on Clause No.13 of the calendar of events, which permits a member to carry out transactions with the Secondary Society either directly or through the Primary Society. In the present case, the petitioner has carried out transactions through the Primary Society. Therefore, merely because there are no direct transactions with the Secondary Society, it cannot be held that the petitioner has not carried out any transactions at all. 5. He further submits that the petitioner’s name is included at Serial No. 699 in the final list of eligible voters under the ‘B’ category. Once the petitioner has been accepted as an eligible voter, the Secondary Society cannot subsequently reject his nomination on the ground of non-transaction. - 5 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 6. Per contra, Sri N.V.Yaji, learned counsel appearing for Respondent No. 6 – Secondary Society, contends that the petitioner has not conducted any direct transaction with the Secondary Society in the past three years, and it is on that basis that his nomination was rejected. 7. Heard Sri A.P.Hegde, learned counsel for petitioner and Sri N.V.Yaji, learned counsel for the respondent No.6, and learned AGA for Respondent Nos.1, 3 to 5. Perused the records. 8. The point that would arise for my consideration is : Whether a member of the Secondary Society, whose name is included in the final list of eligible voters, can be disqualified from contesting the election on the ground that he has not carried out direct transactions with the Secondary Society in the past three years? - 6 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 9. Rule 13-D of the Karnataka Co-operative Societies Rules, 1959 (“the Rules”) prescribes the procedure for preparing and publishing the list of eligible and ineligible voters. This rule must be read together with Section 20(2) (a-v) of the Karnataka Co-operative Societies Act, which requires a member to have carried out transactions with the society in at least three of the last five co-operative years. 10. This requirement is examined at the stage of preparing the voters’ list. If a member fails to fulfill the transaction requirement, their name would appear in the ineligible voters’ list. Conversely, compliance with the requirements ensures inclusion in the final eligible voters’ list. 11. In the present case, the petitioner’s name appears at Serial No. 699 in the final list of eligible voters. The inclusion in this list necessarily indicates that the - 7 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 petitioner has met the requirements under Rule 13-D and Section 20(2) of the Act. Therefore, a member whose name appears in the final list of eligible voters is not only entitled to vote but also to contest the election. 12. Consequently, the rejection of the petitioner’s nomination by Respondent No. 5 is unsustainable in law. Accordingly, I pass the following: ORDER i. The writ petition is allowed. ii. A writ of Certiorari is issued. The undated endorsement issued by Respondent No. 5 at Annexure E is quashed. iii. Respondent No. 5 is directed to accept the nomination of the petitioner, subject to the petitioner fulfilling all other necessary eligibility requirements for candidature. - 8 - HC-KAR NC: 2025:KHC-D:13272 WP No. 107107 of 2025 iv. Respondents No.5 and 6 are directed to act on the operative portion of this order without insisting on the production of the complete order or delivery of the full judgment. v. Counsel for Respondent No.5 and the learned Additional Government Advocate are directed to communicate the operative portion of this order to Respondents No.5 and 6 forthwith. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT.UMD List No.: 1 Sl No.: 15