- 1 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107966 OF 2024 (CS-EL/M) BETWEEN: 1. BASAVANNEVVA W/O RAMANNA KORAWAR AGE: 60 YEARS, OCCUPATION: HOUSEWIFE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 12 2. SHARIFSAB S/O FAKRUSAB SHIGALLI AGE: 68 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 37 3. NAJEERSAB S/O ISMAIL BAPOONAVAR AGE: 59 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 57 4. NINGAPPA S/O MAHADEV DHARWADKAR AGE: 57 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 71 5. SOMANING S/O AMRUT MISHYALI AGE: 59 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 82 6. RAMESH S/O GANAPATI KAMMAR AGE: 38 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 84 VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 7. MARUTI S/O GANAPATI KAMMAR AGE: 42 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 85 8. IMAMKASHIM S/O ISMAILSAB BAPOONAVAR AGE: 59 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 87 9. MEHABOOBSAB S/O MOULASAB HAWALDAR AGE: 56 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 98 10. BABAJAN S/O MOULASAB HAWALDAR AGE: 46 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA, SL NO. 99 11. BABU S/O VENKAPPA MIRASHI AGE: 55 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 111 12. MANJULA W/O HANUMANT CHIPATI AGE: 46 YEARS, OCCUPATION: HOUSEWIFE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 119 13. SHAMSHODDIN S/O KARIMSAB NANNEBANAVAR AGE: 55 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 131 14. RAHEMANSAB S/O KASHIMSAB SHIGALLI AGE: 42 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL - 3 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 DISTRICT: UTTARAKANNADA SL NO. 134 15. SHAINASHABASHA S/O SATTARSAB MISHRIKOTI AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 138 16. KAREVVA W/O HANUMANT HARIJAN AGE: 46 YEARS, OCCUPATION: HOUSEWIFE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 139 17. MADEVI W/O SOMANING MISHYALI AGE: 48 YEARS, OCCUPATION: HOUSEWIFE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 143 18. HOOVAPPA S/O SOMANING MISHYALI AGE: 28 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 144 19. IRFAN S/O ABDULAJEEJ PATEL AGE: 34 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 147 20. NARAYAN S/O PARASHURAM BAVAKAR AGE: 56 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 92 21. ABDULGANI S/O KASHIMSAB SHIGALLI AGE: 40 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 153 - 4 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 22. BHUJANG S/O VITTAL GUNJEEKAR AGE: 39 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 158 23. BABAJAN S/O SHAMSHODDIN KARWAR AGE: 40 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 174 24. SUBHANALLAH S/O SAYYEDSAB MULLA AGE: 40 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 176 25. SHARUKKHAN S/O MAHAMMEDRAFIQ HAWALDAR AGE: 40 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 178 26. DADAPEER S/O MEHABOOBSAB PATIL AGE: 46 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 179 27. RAJESAB S/O KARIMSAB KUSUGAL AGE: 57 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 65 28. NAGARAJ S/O KASHINATH GANGADHAR AGE: 42 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 181 29. ABDULKHADAR S/O SHAMSHODDIN NANNEBANAVAR AGE: 38 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL - 5 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 DISTRICT: UTTARAKANNADA SL NO. 182 30. NAGARAJ S/O SHIVAPPA BHAJANTRI AGE: 33 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 186 31. DADAPEER S/O IMAMKASHIM BAPOONAVAR AGE: 31 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 191 32. AJEEMSAB S/O NOORAHMED BAPOONAVAR AGE: 30 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 192 33. SAHERA W/O IMAMKASHIM BAPOONAVAR AGE: 36 YEARS, OCCUPATION: HOUSEWIFE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 194 34. MABUBSAB S/O NOORAHMED BAPOONAVAR AGE: 46 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 196 35. SHARIFSAB S/O DASTAGIRSAB SHIGALLI AGE: 46 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 107 36. SHARIFSAB S/O IMAMHUSAIN BAPOONAVAR AGE: 36 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 129 - 6 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 37. KHADAR S/O IMAMHUSAIN BAPOONAVAR AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 133 38. SAMEER S/O VAJEERSAB KUSUGAL AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 142 39. MAHADEV S/O ISHWAR KAMMAR AGE: 38 YEARS, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 151 40. MABOOBI W/O MEHANUDDIN BAPOONAVAR AGE: 45 YEARS, OCCUPATION: HOUSEWIFE R/O: KAWALWAD VILLAGE TALUK: HALIYAL DISTRICT: UTTARAKANNADA SL NO. 163. …PETITIONERS (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: 1. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU – 560 002 REPRESENTED BY ITS COMMISSIONER 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT-UTTARA KANNADA-581344. 3. THE ELECTION OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY CO-OPERATIVE SOCIETIES, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT-581344. 4. THE RETURNING OFFICER SOMESHWARA VIVIDDODESHAGALA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA - 7 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 SANGHA NIYAMITA, KAVALAWAD TALUK-HALIYALA AND DISTRICT- UTTARA KANNADA-581329. 5. THE SOMESHWARA VIVIDDODESHAGALA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA, KAVALAWAD TALUK-HALIYALA AND DISTRICT- UTTARA KANNADA-581329 REPRESENTED BY CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R1; SMT. MALA B. BHUTE, AGA FOR R2-R4; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 28/12/2024 AS PER THE CALENDAR OF EVENTS DATED 04/12/2024 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. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioners and the learned AGA for the respondents No.2 to 5 and learned counsel Sri G.V.Bharamagoudar for respondent No.1. 2. This petition is filed seeking to include the names of petitioners in the final eligible borrowers voters list and to permit them to cast their votes in the election to the committee of management of the 5th respondent/ Society scheduled to be held on 28.12.2024 as per the calendar of events dated 04.12.2024 published by the 4th respondent vide Annexure-A and sought for direction to the 4th respondent to declare the election results of the 5th respondent/Society after completion of the election process in accordance with law. 3. In the case of petitioners, they are borrower members of the society i.e., respondent No.5-Society and their right were curtailed by not including their names in the final eligible voters list. Hence, they approached this - 9 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 Court by filing this petition seeking permission to cast their votes in the elections. By virtue of an interim order dated 27.12.2024 this Court permitted the petitioners to cast their votes in the election to respondent No.5/Society, which was scheduled to be held on 28.12.2024 and preserve the same in a separate ballot box. It was also ordered that the Returning Officer is free to declare the election results without considering the votes of the petitioners and consideration of the votes cast by the petitioners is subject to further orders in this petition. 4. Learned counsel for the petitioners and respondents submit that the election has been conducted and the result is yet to be announced. In view of the permission having been granted to the petitioners to cast their votes and by virtue of the interim order of casting their votes, nothing would survive in this petition, except to the respondents to declare the results by taking into consideration the votes cast by the petitioners and if at all any of the parties are aggrieved, they are at liberty to - 10 - HC-KAR NC: 2025:KHC-D:8082 WP No. 107966 of 2024 approach the appropriate forum in accordance with law. Therefore, I pass the following : ORDER (i) Petition is allowed in the light of the Judgment passed by a co-ordinate bench of this Court in Writ Petition No.107967/2024. (ii) By virtue of an interim order granted by this Court on 27.12.2024, petitioners were permitted to cast their votes. Accordingly, their votes so cast are kept in a separate ballot box. (iii) The Respondent No.4/Returning Officer to declare the result by counting votes of the petitioners kept in separate ballot box. (iv) Petitioners or any one aggrieved, are at liberty to approach the appropriate form in the manner known to law. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK/CT-MCK List No.: 1 Sl No.: 76