- 1 - NC: 2025:KHC-D:3081 WP No. 107960 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.107960 OF 2024 (CS-EL/M) BETWEEN: 1.NINGAPPA BASAPPA GOUDAPPANAVAR AGE: 76 YEARS, OCC: AGRICULTURE, R/O: BASAPPA MASUTI ONI YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD 2. BASAPPA S/O MAHADEVAPPA NEERALAGI AGE: 65 YEARS, OCC: AGRICULTURE, R/O: YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD 3. KUDLAPPA S/O SHANTAPPA SAMSHI AGE: 65 YEARS, OCC: AGRICULTURE, R/O: YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD. 4.HONAVVA S/O BASAVARAJ MADLI AGE: 43 YEARS, OCC: HOUSEWIFE, R/O: YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD. 5.SOMASHEKHARAPPA S/O MOTTEPPA KARADAGI AGE: 74 YEARS, OCC: AGRICULTURE, R/O: YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD. 6.FAKKIRAPPA S /O MOTTEPPA KARADAGI VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:39 +0530 - 2 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 AGE: 64 YEARS, OCC: AGRICULTURE, R/O: YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD. 7.BASAVARAJ S/O BASAVANNEPPA MADIWALAR AGE: 51 YEARS, OCC: AGRICULTURE, R/O: WARD NO.2, YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD. 8.NINGAREDDY S/O PRAHLADREDDY HUCHANNAVAR AGE: 50 YEARS, OCC: AGRICULTURE, R/O: RADDAR ONI, YEREBUDHIHAL, TQ: KUNDGOL DIST: DHARWAD. 9.DEVAPPA S/O RUDRAPPA ANNIGERI AGE: 60 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 10.CHANABASAPPA S/O RUDRAPPA ANNIGERI AGE: 48 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 11. CHANNAPPA S/O SHIVALINGAPPA MULAGUND AGE: 80 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 12. PRABHUGOUD S/O SHANKARGOUD PATIL AGE: 63 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 13.PATIL RAMESHGOUDA S/O CHANABASANAGOUDA AGE: 50 YEARS, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 R/O: GOUDAR ONI, HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 14.MADEVI CHANNAPPA MULAGUND AGE: 70 YEARS, OCC: HOUSE HOLD, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 15.YALLAPPA MALLAPPA BISEROTTI AGE: 60 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 16.ISHWARAPPA S/O ADIVEPPA MATTI AGE: 74 YEARS, OCC: AGRICULTURE, R/O: #56, HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 17.YALLAPPA MALLESHAPPA SHAREWAD AGE: 74 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 18.BASAVANEPPA S/O FAKEERAPPA MULAGUND AGE: 72 YEARS, OCC: AGRICULTURE, R/O: HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 19.NINGAPPA S/O BASAVANNEPPA NADUVINAHALLI AGE: 74 YEARS, OCC: AGRICULTURE, R/O: CHIKKAGUNJAL, HIREGUNJAL, TQ: KUNDGOL DIST: DHARWAD. 20.GANESH C/O UDACHAPPA KALARI AGE: 60 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 21.MANJUNATH S/O UDACHAPPA KALARI AGE: 33 YEARS, OCC: AGRICULTURE, - 4 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 22.BASAPPA NINGAPPA GOUDAPPANAVAR AGE: 45 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 23.MAHANTAYYA FAKKIRAYYA ADAVAYYANAVARAMATH AGE: 64 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 24.SIDDALINGAYYA BASAYYA ADAVAYYANAMATH AGE: 70 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 25.SHOBHA SIDDALINGAYYA ADAVAYYANAMATH AGE: 66 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 26.JAGADISH S/O KARABASAPPA KOSHTI AGE: 54 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 27.SACHIN S/O BASAVARAJ KOSHTI AGE: 28 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 28.YALLAPPA AKHANDAPPA KALASUR AGE: 54 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 29.AKANDAPPA FAKKIRAPPA KALASUR AGE: 33 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL - 5 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 DIST: DHARWAD. 30.GANGADHAR B TIRALAPUR AGE: 40 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 31.SHASHIDHAR RAMAPPA KARADAGI AGE: 60 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 32.MURUGAYYA BASAYYA YADAVAYYANAVARAMATH AGE: 33 YEARS, OCC: AGRICULTURE, R/O: YAREBUDIHAL, TQ: KUNDGOL DIST: DHARWAD. 33.FAKKIRESH SOMAPPA MADALLI AGE: 68 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. 34.MALLESHAPPA REVANSIDDAPPA TONDIHAL AGE: 60 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. 35.IRAVVA REVANSIDDAPPA TONDIHAL AGE: 58 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD 36.MAHESH S/O KALLAPPA MADALLI AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KULKRANIYAVAR ONI, BARDWAD, TQ: KUNDGOL DIST: DHARWAD 37.BASAVARAJ KALLAPPA MODOLLI AGE: 44 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL - 6 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 DIST: DHARWAD 38.MAHADEVAPPA S/O MAHABALESHWARAPPA MADHALLI AGE: 58 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD 39.BASAVARAJ RAMAPPA PUJAR AGE: 54 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. 40.YALLAPPA C/O BASAPPA AMMINABHAVI AGE: 68 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. 41.MALLESHAPPA S/O SHIDLINGAPPA MADHALLI AGE: 79 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. 42. MANJUNATH BASAPPA MADALLI AGE: 57 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. 43. MALLAYYA KOTRAYYA SULEBAVIMATH AGE: 62 YEARS, OCC: AGRICULTURE, R/O: BARDWAD, TQ: KUNDGOL DIST: DHARWAD. …PETITIONERS (BY SRI ANKIT R. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, - 7 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 BENGALURU-560001 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGARA TTMC, A BLOCK K H ROAD, SHANTHINAGAR, BENGALURU – 560 027, REPRESENTED BY FIRST CHIEF EX- OFFICER. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY UNION LTD., DHARWAD DISTRICT, DHARWAD - 580001 4. KUNDGOL PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK KUNDAGOL, DHARWAD DISTRICT – 581113 BY ITS CHIEF EXECUTIVE OFFICER, REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 5. THE RETURNING OFFICER/ASSISTANT COMMISSIONER OF ALL THE MEMBER OF KUNDGOL PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK KUNDAGOL, DHARWAD DISTRICT – 581113. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL HCGP FOR R1 R2 R3 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF IDNIA PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE RESPONDENT NO.4 SOCIETY BY INCLUDING THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF RESPONDENT 4 SOCIETY AS PER CALENDAR OF EVENTS DATED 29.12.2024 PRODUCED AS ANNEXURE-A ISSUED BY THE RESPONDENT NO.5 AND ETC. - 8 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers: “(I) Issue a writ of Mandamus directing the respondents to conduct the elections to the respondent no.4 society by including the name of the petitioners in the eligible voters list of respondent 4 society as per Calendar of Events dated 29.12.2024 produced as Annexure-A issued by the Respondent no.5 (II) Issue such other writ, order as deemed fit in the interest of justice and equity.” 2. This Court in terms of the order dated 27.12.2024, had permitted the petitioners to vote by the following order: “Learned AGA is directed to take notice for respondent Nos.1, 2, 3 & 5. Issue emergent notice to respondents No.4. Learned counsel for the petitioners is directed to serve two sets of copies on Government Advocate. Learned counsel for the petitioners submits that a Division Bench of this Court in WA No.100586/2024 has granted - 9 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 interim order and in terms of the same, he has sought for grant of interim order in this petition also. Learned AGA does not dispute the grant of interim order by the Division Bench of this Court in WA No.100586/2024. In view of the above, pending consideration of this writ petition on merits, Returning Officer is hereby directed to permit the petitioners, who are the members of the respondent-Society, to cast their votes. The Returning Officer shall arrange a separate ballot box to enable the petitioners to cast their votes and the said ballot box shall be sealed and kept separately. The Returning Officer is free to declare the election results without considering the votes of the petitioners. The consideration of the votes cast by the petitioners is subject to further orders in this petition. In the meanwhile, office objections shall be complied within two weeks.” 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 - 10 - NC: 2025:KHC-D:3081 WP No. 107960 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 - 11 - NC: 2025:KHC-D:3081 WP No. 107960 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. - 12 - NC: 2025:KHC-D:3081 WP No. 107960 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 - 13 - NC: 2025:KHC-D:3081 WP No. 107960 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. - 14 - NC: 2025:KHC-D:3081 WP No. 107960 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 - 15 - NC: 2025:KHC-D:3081 WP No. 107960 of 2024 shall remain open to be agitated before the appropriate forum/fora. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 84