- 1 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.108016 OF 2024 (CS-EL/M) BETWEEN: 1. IRSHAD ABDUL S/O RAUF SHAIKH (SL.NO.248) (MEMBERSHIP NO.1456) AGE: 48 YEARS, OCC: AGRICULTURE 2. PRIYANKA W/O PREETAM BANDEKAR (SL.NO.28) (MEMBERSHIP NO.1645) AGE: 40 YEARS, OCC: AGRICULTURE 3. NARAYAN S/O LAXMIKANTH SHENIVA (SL.NO.395) (MEMBERSHIP NO.1675) AGE: 49 YEARS, OCC: AGRICULTURE 4. VINOD S/O TAKU NAGEKAR (SL.NO.216) (MEMBERSHIP NO.1400) AGE: 58 YEARS, OCC: AGRICULTURE 5. ANIL S/O TOPU NAGEKAR (SL.NO.42) (MEMBERSHIP NO.1054) AGE: 62 YEARS, OCC: AGRICULTURE 6. LAXMIKANTH S/O SADA NAGEKAR (SL.NO.170) (MEMBERSHIP NO.1326) AGE: 65 YEARS, OCC: AGRICULTURE 7. SACHIN S/O DATTARAMA GOVEKAR (SL.NO.176) (MEMBERSHIP NO.1335) AGE: 45 YEARS, OCC: AGRICULTURE 8. SHIVANAND S/O BHANU NAGEKAR (SL.NO.152) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.22 11:00:48 +0530 - 2 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 (MEMBERSHIP NO.1305) AGE: 60 YEARS, OCC: AGRICULTURE 9. VANITA W/O SHIVANAND NAGEKAR (SL.NO.293) (MEMBERSHIP NO.1520) AGE: 50 YEARS, OCC: AGRICULTURE 10. SAIROBA S/O POKALO GOVEKAR (SL.NO.04) (MEMBERSHIP NO.546) AGE: 68 YEARS, OCC: AGRICULTURE 11. DATTARAM S/O POKALO GOVEKAR (SL.NO.48) (MEMBERSHIP NO.1082) AGE: 63 YEARS, OCC: AGRICULTURE 12. PRASHANT S/O DATTARAM GOVEKAR (SL.NO.487) (MEMBERSHIP NO.1872) AGE: 45 YEARS, OCC: AGRICULTURE 13. SURAJ S/O SHIVDAS KOTARKAR (SL.NO.341) (MEMBERSHIP NO.1584) AGE: 27 YEARS, OCC: AGRICULTURE 14. DANANJAY S/O RAMESH KOTARKAR (SL.NO.224) (MEMBERSHIP NO.1419) AGE: 42 YEARS, OCC: AGRICULTURE 15. MAHADEV S/O VISHWANATH GURUVA (SL.NO.355) (MEMBERSHIP NO.1607) AGE: 46 YEARS, OCC: AGRICULTURE 16. SATISH S/O SHANTA KOTARKAR (SL.NO.186) (MEMBERSHIP NO.1353) AGE: 45 YEARS, OCC: AGRICULTURE 17. DEEPAK S/O SHANTARAM NAYAK (SL.NO.192) (MEMBERSHIP NO.1366) AGE: 62 YEARS, OCC: AGRICULTURE 18. SHIVANAD S/O TUKOBA NAGEKAR (SL.NO.37) (MEMBERSHIP NO.1882) AGE: 58 YEARS, OCC: AGRICULTURE - 3 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 19. MOHAN S/O CHUDO NAYAK (SL.NO.230) (MEMBERSHIP NO.1434) AGE: 68 YEARS, OCC: AGRICULTURE 20. SURESH S/O CHUDO NAYAK (SL.NO.229) (MEMBERSHIP NO.1433) AGE: 72 YEARS, OCC: AGRICULTURE 21. MEERA W/O NEELO TAKKARKAR (SL.NO.490) (MEMBERSHIP NO.1881) AGE: 58 YEARS, OCC: AGRICULTURE 22. SAINATH S/O ANANDU NAYAK (SL.NO.319) (MEMBERSHIP NO.1552) AGE: 50 YEARS, OCC: AGRICULTURE 23. PREETAM S/O PRADEEP BANDEKAR (SL.NO.302) (MEMBERSHIP NO.1531) AGE: 45 YEARS, OCC: AGRICULTURE 24. MANJUNATH S/O NINGAPPA BISGONNAVAR (SL.NO.485) MEMBERSHIP NO.1870) AGE: 38 YEARS, OCC: AGRICULTURE 25. SUCHITRA W/O BALA NAYAK (SL.NO.463) (MEMBERSHIP NO.1795) AGE: 32 YEARS, OCC: AGRICULTURE 26. MAHADEV S/O LAKSHMAN RANE (SL.NO.489) (MEMBERSHIP NO.1877) AGE: 46 YEARS, OCC: AGRICULTURE 27. SAIROBA S/O DATTARAM NAYAK (SL.NO.184) (MEMBERSHIP NO.1650) AGE: 65 YEARS, OCC: AGRICULTURE 28. LATA W/O SHANTARAM NAYAK (SL.NO.388) (MEMBERSHIP NO.1662) AGE: 76 YEARS, OCC: AGRICULTURE. 29. JAGDISH S/O NARAYAN TALEKAR (SL.NO.474) - 4 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 (MEMBERSHIP NO.1835) AGE: 52 YEARS, OCC: AGRICULTURE. 30. SULEMAN S/O ISMAIL SHAIKH (SL.NO.469) (MEMBERSHIP NO.1826) AGE: 49 YEARS, OCC: AGRICULTURE. 31. PARVEEN W/O SULEMAN SHAIKH (SL.NO.467) (MEMBERSHIP NO.1824) AGE: 35 YEARS, OCC: AGRICULTURE. 32. GAJANAN S/O DATTARAM REVANKAR (SL.NO.291) (MEMBERSHIP NO.1518) AGE: 50 YEARS, OCC: AGRICULTURE. 33. SATISH S/O. DIGAMBAR RANE (SL.NO.385) (MEMBERSHIP NO.1657) AGE: 63 YEARS, OCC: AGRICULTURE. 34. SANJEEV S/O. DEVARIYYA TALEKAR (SL.NO.183) (MEMBERSHIP NO.1346) AGE: 40 YEARS, OCC: AGRICULTURE. 35. NASIR KHAN S/O. IMAM KHAN (SL.NO.475) (MEMBERSHIP NO.1836) AGE: 40 YEARS, OCC: AGRICULTURE. 36. KHALEELUL REHMAN S/O. ISMAIL SHEIKH (SL.NO.239) (MEMBERSHIP NO.1444) AGE: 40 YEARS, OCC: AGRICULTURE. 37. NASEERA W/O. IRSHAD SHEIKH (SL.NO.382) (MEMBERSHIP NO.1654) AGE: 40 YEARS, OCC: AGRICULTURE. 38. MOHAMMAD S/O. RAFIQ SHEIKH (SL.NO.468) (MEMBERSHIP NO.1825) AGE: 40 YEARS, OCC: AGRICULTURE. 39. MOHAMMAD JAFFAR - 5 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 S/O. ABDUL HAQ SHEIKH (SL.NO.468) (MEMBERSHIP NO.1825) AGE: 30 YEARS, OCC: AGRICULTURE. 40. RAJENDRA S/O. GANGADHAR GURUVA (SL.NO.193) (MEMBERSHIP NO.1825) AGE: 52 YEARS, OCC: AGRICULTURE. ALL ARE R/O: KINNAR VILLAGE, TQ: KARWAR, DIST: UTTARA KANANDA – 581 301. …PETITIONERS (BY SRI SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO- OPERATION, MS BUILDING BENGALURU-580001 2. THE STATE CO- OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, T T M C BUILDING BENGALURU – 560002 REPRESENTED BY ITS COMMISSIONER 3. THE DISTRICT ELECTION OFFICER AND THE DEPUTY REGISTRAR OF CO-OP SOCIETIES OF SUB-DIVISION PRIMIARY CO-OP SOCIETIES OF SUB-DIVISION PRIMARY CO-OP SOCIETY, DIST: UTTARA KANANDA – 581 301. 4. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY, KARWAR, DIST: UTTARA KANNADA – 581 301. 5. THE RETURNING OFFICER VIVIDODESHA PRATHAMIK - 6 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 GRAMEENA KRUSHI SAHAKARI SANGH, NIYAMIT, KINNAR, TQ: KARWAR, DIST: UTTARA KANANDA. 6. THE VIVIDODESHA PRATHAMIK GRAMEENA KRUSHI SAHAKARI SANGH, NIYAMIT, KINNAR, TQ: KARWAR, DIST: UTTARA KANNADA – 581 301. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, R3 TO R5; SRI S.B.PATIL, ADVOCATE FOR R6) 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 NO. 3 TO 6 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AND PERMIT THE PETITIONERS TO CAST THEIR RESPECTIVE VOTES IN THE ELECTION TO THE COMMITTEE OF THE MANAGEMENT OF THE 6TH RESPONDENT SOCIETY SCHEDULED TO BE HELD ON 04.01.2025 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 7 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court 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 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 - 8 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 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 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 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 - 9 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 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) 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 ¨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:903 WP No. 108016 of 2024 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 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. - 11 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 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; 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 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:903 WP No. 108016 of 2024 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.” 2. Learned counsel would submit that, if the same order is passed, it would suffice in this case also. 3. In that light, the writ petition is disposed calling upon the respondent – Returning Officer to announce the result forthwith including the votes cast by the petitioners. - 13 - NC: 2025:KHC-D:903 WP No. 108016 of 2024 All the contentions are left open for consideration in appropriate proceedings, if commenced. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 3 Sl No.: 4