- 1 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 14658 OF 2025 (CS-EL/M) BETWEEN: 1. SMT. CHIKKAMMA AGED ABOUT 49 YEARS W/O BORAGOWDA, R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK MANDYA DISTRICT - 571416 SHARE A/C NO.92 2. SMT JAYAMMA W/O PUTTASWAMY GOWDA AGED ABOUT 62 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.91 3. SMT JAYAMMA W/O DALIGOWDA AGED ABOUT 72 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.42 4. SRI. DALIGOWDA S/O DALIGOWDA AGED ABOUT 67 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 SHARE A/C NO.41 5. SMT. NINGAMMA W/O MARIGOWDA AGED ABOUT 53 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.94 6. SMT RATNAMMA 5/O DEVARAJU AGED ABOUT 41YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.113 7. SMT. CHIKKAMMA W/O VITHALEGOWDA AGED ABOUT 96 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.6 8. SRI. D. PRAKASH S/O DALIGOWDA AGED ABOUT 56 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.26 9. SRI. KUMARA S/O BULLI DALIGOWDA AGED ABOUT 58 YEARS R/AT, BENNAHATTI, BASARALU HOBIL, MANDYA TALUK, MANDYA DISTRICT-571416 - 3 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 SHARE A/C NO.108 10. SMT. NINGAMMA W/O KEMPEGOWDA AGED ABOUT 57 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.7 11. SRI. PIDDE KEMPEGOWDA S/O THOPEGOWDA AGED ABOUT 87 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.46 12. SMT DEVAMMA W/O KARIGOWDA AGED ABOUT 85 YEARS R/AT, BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 SHARE A/C NO.46 (SERIAL NO.2,3,4,7,11 AND 12 ARE NOT CLAIMING SENIOR CITIZEN BENEFITS) …PETITIONERS (BY SRI. KRISHNA D.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU -01 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHINAGARA, T.T.M.C 'A' - 4 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 BLOCK, SHANTHINAGARA, BENGALURU-27 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER MANDYA DISTRICT, MANDYA - 571 401 4. RETURNING OFFICER, BENNAHATTI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MANDYA TALUK, MANDYA DISTRICT - 571 416 5. BENNAHATTI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., BENNAHATTI, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571416 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. YOGESH D. NIAK, AGA FOR R1 TO 4 SRI. B. RAVINDRA PRASAD, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NO 2 TO 5 TO INCLUDING THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTER LIST PRODUCED AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTION TO THE RESPONDENT NO.5 WHICH IS SCHEDULED TO BE HELD ON 23.5.2025 IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 5 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 ORAL ORDER Petitioners have approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 5 to include their names in the eligible voters list produced at Annexure - 'C' and permitting them to cast their votes in the election to respondent No.5 - Society, scheduled to be held on 23.05.2025. 2. Respondent No.5 is a Society, of which, the petitioners are the members. Respondent No.4 being the returning officer has notified election for respondent No.5 - Society by issuing calendar of events on 06.05.2025. In the meantime, the eligible voters list and ineligible voters list were published. The names of the petitioners were found in the ineligible voters list. Therefore, the petitioners have approached this Court. 3. After filing of the petition, an interim order dated 20.05.2025 came to be passed permitting the petitioners to vote in the election. But the votes so cast by the petitioners were ordered to be kept in a separate box and it is ordered that the result of the election would be subject to final disposal of this petition. As per the order sheet dated 22.08.2025, further - 6 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 order is passed directing the returning officer to declare the results of the election of the managing committee of the society by counting votes of the petitioners. However, the votes cast by the petitioners are it is ordered to be kept separately and ordered that the result of the election shall be subject to the result of the writ petition. 4. Now it is the contention of the learned counsel for both the parties that the result of the election is not yet declared. Learned Additional Government Advocate for respondent Nos.1 to 4 and learned counsel for respondent No.5 submits that the petitioners have not attended any of the general body meetings that were held continuously for a period of five years. Moreover, the petitioners have not availed minimum services, which are required to include their names in the eligible voters list. Under such circumstances, the petitioners are not entitled for any relief. They also contended that the petitioners are having efficacious remedy of raising the dispute before the Assistant Registrar of Cooperative Societies, invoking Section 70 of the Karnataka Cooperative Societies Act. 5. Learned counsel for the petitioners while admitting that he could raise the dispute before the Assistant Registrar of - 7 - HC-KAR NC: 2025:KHC:43616 WP No. 14658 of 2025 the Cooperative Societies under Section 70 of the Act, disputed the fact that he was ineligible to cast his vote. However, the fact remains that the petitioners have already cast their votes, and same are kept separately. Now the results of the election is also ordered to be declared. Under such circumstances, I am of the opinion that, nothing remains to be considered by the Court in this writ petition. However, while disposing off the petition, liberty is to be reserved with the petitioners to invoke Section 70 of the Karnataka Cooperative Societies Act, if they are so advised. Accordingly, I proceed to pass the following: ORDER Petition is disposed off. Respondent No.4 is directed to declare the results of the election that was held on 23.05.2025, *without counting the votes cast by the petitioners. Liberty is reserved with the petitioners to raise dispute invoking Section 70 of the Karnataka Cooperative Societies Act, if they are advised to do so with in a reasonable time. Sd/- (M G UMA) JUDGE BH : List No.: 3 Sl No.: 9 *Corrected vide Court order dated 26.11.2025