- 1 - HC-KAR NC: 2025:KHC-D:14614 WP No. 108011 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108011 OF 2025 (CS-EL/M) BETWEEN: 1. SHRI. MOHANDAS S/O JAGADISH NAYAK, AGE. 50 YEARS, OCC. SERVICE, R/O. SURABHI NILAYA, T.S.S.ROAD, NEW MARKET YARD, POST SIRSI, UTTARA KANNADA- 581402. 2. SHREE VENKATESWAR VIVIDODDESHAGALA SOUHARD SAHAKARI SANGHA, R/BY ITS SECRETARY SHRI. NAGENDRA V. NAYAK, AGE. 50 YEARS, OCC. SERVICE, ADDRESS: NEAR T.S.S. ROAD, SIRSI, UTTAR KANNADA- 581401. …PETITIONERS (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE- 590001. 2. THE CO-OPERATIVE ELECTION AUTHORITY, R/BY ITS COMMISSIONER, TTMC BLOCK, SHANTI NAGAR, BANGALORE- 590027. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BELAGAVI, REGION BELAGAVI- 590001 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14614 WP No. 108011 of 2025 AND ELECTION OFFICER TO ALL SECONDARY SOCIETES AND BELAGAVI REGION NEAR JAKKERI HONDA, BELAGAVI- 590001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, DIST. KARWAR- 581342. 5. THE RETURNING OFFICER, DCC BANK LTD./ ASSISTANT COMMISSIONER, SIRSI, UTTARA KANNADA- 581412. 6. THE CHIEF ELECTION OFFICER/ DEPUTY COMMISSIONER, TQ. KARWAR, UTTARA KANNADA- 581359. 7. THE CANARA DCC BANK LTD., SIRSI, UTTARA KANNADA, APMC YARD SIRSI UTTARA KANNADA- 581401. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3, R4 & R5, SRI. VISHWANATH HEGDE, ADVOCATE FOR R7, SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AN 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT THE ELECTION HELD ON 25.10.2025 VIDE ANNEXURE-A TO THE 7TH RESPONDENT SOCIETY IS ILLEGAL IN TERMS OF THE AMENDMENT OF RULE 14(L) ON 29-07-2017 BY NOTIFICATION NO. CO 123 CLM 2016 VIDE ANN-B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.5 AND 6 TO HOLD FRESH VOTING TO THE 6TH RESPONDENT SOCIETY AND IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14614 WP No. 108011 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. A writ in the nature of Declaration, declaring that the Election held on 25.10.2025 vide ANNEXURE-A to the 7th respondent society is illegal in terms of the amendment of Rule 14(L) on 29-07-2017 by notification no. CO 123 CLM 2016 VIDE ANN-B. B. Issue a writ in the nature of mandamus directing the respondents no.5 and 6 to hold fresh voting to the 6th respondent society. C. Issue any other Writ/Direction as deemed necessary. 2. Heard the learned counsel Sri.Sreevatsa Hegde for Sourabh Hegde, appearing for petitioner, learned AGA- Sri.Ramesh Chigari, appearing for respondent Nos.1, 3, 4 and 5, learned counsel Sri.G.V.Bharamagoudar, appearing for respondent No.6 and learned counsel Sri.Vishwanath Hegde, appearing for respondent No.7. 3. The learned counsel appearing to the petitioner would contend that the process of election is seriously compromised in the case at hand as there is serious - 4 - HC-KAR NC: 2025:KHC-D:14614 WP No. 108011 of 2025 malpractice with regard to depiction of the ballot paper, which according to the learned counsel Sri.Sreevatsa S. Hegde is contrary to Rule 14 (L). 4. The relevant provisions read as follows. Name of the Post Method of recruitment Chief Executive Deputation of an officer not below the rank of Joint Director, Industries and Committee or Joint Registrar of Co-Operative Societies from the Department of Cooperation as the case may be 5. Learned AGA-Sri.Ramesh Chigri, appearing for respondent Nos.1, 3, 4 and 5 and the learned counsel Sri.Vishwanath Hegde, appearing for the respondent No.7, vehemently refute the submission, contending that this Court, while exercising its jurisdiction under Article 226 of the Constitution of India, once the elections are over, would not would be loath to interfere unless the arbitrariness is palpable and demonstrable. 6. The learned counsel submits that the issue with regard to the compromised ballot paper during the election - 5 - HC-KAR NC: 2025:KHC-D:14614 WP No. 108011 of 2025 has to be adjudicated on the strength of evidence; this Court is not equipped to do so. The submission of the learned counsel appearing for the respondents would merit acceptance, as the issue revolves around the conduct of elections and malpractice during the conduct of elections with regard to the ballot paper. Therefore, all these disputes with regard to the conduct of elections will have to be thrashed out before the concerned authority by raising a dispute under Section 70 of the Co-operative Societies Act. 7. Learned counsel Sri.Sreevatsa Hegde, submits that the Joint Registrar of Co-operative Societies will not go into the matter with regard to the ballot paper or the ballot box and would only consider the issue on its periphery. The said submission is unacceptable. As the dispute with regard to these elections will undoubtedly have to be gone deep by the Joint Registrar of Co-operative Societies as he is the one who decide the dispute under Section 70 of the Co-operative Societies Act. - 6 - HC-KAR NC: 2025:KHC-D:14614 WP No. 108011 of 2025 8. In the light of the said circumstance, without interfering with the order impugned, reserving liberty to the petitioner to knock at the doors of the appropriate fora, Petition stands disposed of. All contentions of all the parties shall remain open. 9. Any further order with regard to the ballot paper or the ballot box or its preservation can be projected before the Joint Registrar of Co-operative Societies. 10. Since the issue concerns election and the malpractices of the conduct of election, the Joint Registrar of Co-operative Societies shall endeavour to conclude the proceedings as expeditiously as possible, in accordance with law after affording opportunity to all these stakeholders, at any rate within one year from the date of receipt of the copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-GTB List No.: 2 Sl No.: 3