- 1 - HC-KAR NC: 2025:KHC:53960 WP No. 29583 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 29583 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. SHIVAKUMAR. G.M. S/O SRI NANJEGOWDA AGED ABOUT 64 YEARS MEMBER PRESIDENT ADAGURU PRIMARY AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTS., ADAGURU, MEDIHALLI HOBLI, BELUR TQ., HASSAN DISTRICT-573121 (REG. UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) (NO.152/13) 2. SRI NAGESH S/O SRI. P.M. BABU SHETTY, AGED ABOUT 53 YEARS MEMBER - PRESIDENT AREHALLI PRIMARY AGRICULTURAL PRODUCE CO OPERATIVE MARKETING SOCIETY LTD., AREHALLI, BELUR TQ, HASSAN DISTRICT 573101 (REG UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959), (NO.168/13) 3. SRI CHANDAN B S S/O SRI SHIVANNA GOWDA AGED ABOUT 33 YEARS MEMBER-DIRECTOR, BICCODU PRIMARY AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD BICCODU POST, BELUR TALUK, HASSAN DISTRICT - 573 215 (REG UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) (NO.153/13) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53960 WP No. 29583 of 2025 4. SRI MOHAN KUMAR S/O SRI. CHANDRE GOWDA, AGED ABOUT 56 YEARS MEMBER PRESIDENT CHATACHATIHALLI PRIMARY AGRICULTURAL PRODUCE CO OPERATIVE MARKETING SOCIETY LTD, CHATACHATTIHALLI POST, BELUR TQ., HASSAN DISTRICT - 573121 (REG UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) (NO.169/13) 5. SRI SRINIVASA GOWDA S/O. SRI. GOVINDE GOWDA AGED ABOUT 62 YEARS MEMBER PRESIDENT, MALLAPURA PRIMARY AGRICULTURAL PRODUCE CO OPERATIVE MARKETING SOCIETY LTD MALLAPUR, BELULR TQ, HASSAN DISTRICT - 577 224 (REG UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) (NO.167/13) 6. SRI MALLESHAPPA S N S/O SHIVANANJEGOWDA, AGED ABOUT 54 YEARS MEMBER PRESIDENT, GATTADAHALLI PRIMARY AGRICULTURAL PRODUCE COOPERATIVE MARKETING SOCIETY LTD, GATTADAHALLI HALLI HALEBIDU HOBLI, BELUR TQ, HASAN-573121 (REG UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) (NO.163/13) …PETITIONERS (BY SMT. JAHNAVI .M., ADVOCATE FOR SRI. CHANDRAKANTH R GOULAY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING, BANGALORE 560001 REP BY THE PRINCIPAL SECRETARY - 3 - HC-KAR NC: 2025:KHC:53960 WP No. 29583 of 2025 2. THE STATE OF CO OPERATIVE ELECTION AUTHORITY 3RD FLOOR SHANTHI NAGAR, BANGALORE 560027 REP BY SECRETARY 3. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES MYSORE DIVISION GOVT. OFFICE BUILDING, NEW SAYJIRAO ROAD MYSORE - 570 024 4. THE RETURNING OFFICER BELUR TALUK, AGRICULTURAL PRODUCE CO OPERATIVE MARKETING SOCIETY LTD BELUR, HASSAN DISTRICT - 573 115 5. BELUR TALUK AGRICULTURAL PRODUCE CO OPERATIVE MARKETING SOCIETY LTD BELUR, HASSAN DISTRICT - 573 115 REP BY ITS CHIEF EXECUTIVE OFFICER (REG UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 SRI. A. DEVARAJ, ADVOCATE FOR R2 NOTICE TO R5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A DIRECTION TO THE RESPONDENT NO.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CONTEST AND VOTE IN THE ELECTIONS TO THE RESPONDENT NO.4 WHICH IS SCHEDULED TO BE HELD ON 28/9/2025 VIDE ANNEXURE C BEARING NO. NIL DATED 08.09.2025, IN THE INTEREST OF JUSTICE AND EQUITY. AND B) PASS SUCH OTHER ORDER AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 4 - HC-KAR NC: 2025:KHC:53960 WP No. 29583 of 2025 ORAL ORDER The petitioners have approached this Court seeking for a direction to respondent Nos.2 to 5 to include their names in the eligible voters list and permit them to contest and cast their votes in the election scheduled to be held on 28.09.2025 of respondent No.5 - Society. 2. As per the order dated 25.09.2025, the petitioners were permitted to cast their votes in the election that was scheduled on 28.09.2025 for the Managing Committee of respondent No.5 - Society. Respondent No.4 was directed to receive and keep the votes cast by the petitioners separately and proceed to count only the eligible votes and to declare the results. 3. Learned Additional Government Advocate submits that the election is already held and the results of the election is not yet announced. Hence, the petition has rendered infructuous. 4. In view of the same, the petition is dismissed as having rendered infructuous. - 5 - HC-KAR NC: 2025:KHC:53960 WP No. 29583 of 2025 The petitioners are at liberty to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, if they are advised to do so. Sd/- (M G UMA) JUDGE PNV List No.: 1 Sl No.: 9