- 1 - NC: 2025:KHC-D:3089 WP No. 107967 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. 107967 OF 2024 (CS-EL/M) BETWEEN: 1. SHIVAPUTRAYYA S/O GURUSIDDAYYA PARISHWADAMATH AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:110 2. SURESH S/O BALAKRISHNA GANGADHAR AGE:45, OCCUPATION: AGRICULTURE R/O: 45 KAWALWAD VILLAGE TALUKA: HALIYAL DISTRICT: UTTARKANNADA S L NO:123 3. MANJUNATH S/O NARYAN KADUSKAR AGE:56, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:64 4. RATNUJI S/O NARAYAN KADUSKAR AGE:44, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:63 5. VISHNU S/O NARAYAN KADNUSKAR AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:H ALIYAL, DISTRICT: UTTARKANNADA S L NO:62 6. BANGARAVVA W/O DUNAVVA HANGAL AGE:39, OCCUPATION: HOUSE WIFE VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:56 +0530 - 2 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:66 7. BASAVARAJ S/O DUNAPPA HANGAL AGE:47, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:67 8. RATNAJI S/O YELAPPA KALAL AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:120 9. MANJUNATH S/O DUNAPPA HANGAL AGE:49, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:68 10. SAIDAVVA W/O DURGAVVA SHIRWAR AGE:34, OCCUPATION: HOUSE WIFE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:271 11. ANNAPURNA W/O KALAPPA MADAR AGE:36, OCCUPATION: HOUSE WIFE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:280 12. HULGEVVA W/O NINGAPPA KORWAR AGE:33, OCCUPATION: HOUSE WIFE R/O: KAWALWAD VILLAGE, ALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:238 - 3 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 13. BAYAKKA W/O SATAPPA RACHOTKAR AGE:34, OCCUPATION: HOUSE WIFE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:262 14. MARUTI S/O LAXMAN KORWAR AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:268 15. MANJUNATH SO LAXMAN DEEPSAR AGE:48, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:270 16. TAYAVVA W/O GANGAPPA BHAJANTRI AGE:33, OCCUPATION: HOUSE WIFE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:245 17.BASWARAJ S/O LAXMAN BHAJANTRI AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:269 18. MAHADEV S/O PEESHEPPA KORWEKAR AGE:45, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:319 19. DEEPA S/O ANANTH RACHOTKAR AGE:33, OCCUPATION: HOUSE WIFE R/O: KAWALWAD VILLAGE, - 4 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:431 20. DEVENDRA S/O MARUTHI TEGGINAL AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:413 21. SANTOSH S/O JITTI MUKRI AGE:49, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:425 22.DEMANNA S/O VENKAT MIRASHI AGE:40, OCCUPATION: AGRICULTURE R/O: KAWALWAD VILLAGE, TALUKA:HALIYAL, DISTRICT: UTTARKANNADA S L NO:415 …PETITIONERS (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE CO- OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING BENGALURU – 560002 REPRESENTED BY ITS COMMISSIONER 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT-UTTARA KANNADA 3. THE ELECTION OFFICER TALUKA LEVEL AND BELOW DISTRICT AREA OF OPERATION OF ALL TYPES OF PRIMARY CO-OPERATIVE SOCIETIS, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, - 5 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 UTTARA KANNADA DISTRICT 4. THE RETURNING OFFICER SOMESHWARA VIVIDDODESHAGALA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA, KAVALAWAD TALUK-HALIYALA AND DISTRICT- UTTARA KANNADA 5. THE SOMESHWARA VIVIDDODESHAGALA PRATHAMIKA GRAMEENA KRUSHI SAHAKARA SANGHA NIYAMITA, KAVALAWAD TALUK-HALIKYALA AND REPRESENTED BY CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL HCGP FOR R1 AND R4; NOTICE TO R5 IS SERVED THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, 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. 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 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 6 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers: “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” 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 & 4. Issue emergent notice to respondents No.5. 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 interim order and in terms of the same, he has sought for grant of interim order in this petition also. - 7 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 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. 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 - 8 - NC: 2025:KHC-D:3089 WP No. 107967 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 - 9 - NC: 2025:KHC-D:3089 WP No. 107967 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. - 10 - NC: 2025:KHC-D:3089 WP No. 107967 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 - 11 - NC: 2025:KHC-D:3089 WP No. 107967 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. - 12 - NC: 2025:KHC-D:3089 WP No. 107967 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 - 13 - NC: 2025:KHC-D:3089 WP No. 107967 of 2024 shall remain open to be agitated before the appropriate forum/fora. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Naa List No.: 1 Sl No.: 144 CT. GTB