- 1 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 29458 OF 2025 (CS-RES) C/W WRIT PETITION NO. 29513 OF 2025 (CS-EL/M) IN WP NO. 29458/2025 BETWEEN: 1. T NARAYANA SWAMY S/O LATE THIMMAREDDY AGED ABOUT 70 YEARS R/A ALAVATA MILK PRODUCERS, CO OPERATIVE SOCIETY LTD, THIMMASANDRA POST, SIRNIVASAPUR TALUK, KOLAR DISTRICT - 563 135 REPRESENTED BY ITS PRESIDENT 2. ASHWATH RAI E S/O EERAPPA REDDY AGED ABOUT 48 YEARS R/AT Y. HOSAKOTE MILK PRODUCERS CO OPERATIVE SOCIETY LTD., Y. HOSAKOTE POST SRINIVASAPURA TALUK KOLAR DISTRICT 563135 REPRESENTED BY ITS PRESIDENT 3. SURESH G R S/O RAMAKRISHNA REDDY AGED ABOUT 40 YEARS R/A GORAVIMAKALAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD GORAVIMAKALAHALLI VILLAGE LAKSHMIPURA POST SIRNIVASAPURA TALUK, KOLAR DISTRICT 563135 Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 REPRESENTED BY ITS PRESIDENT 4. ANANDAPPA S/O ANJANAPPA AGED ABOUT 50 YEARS R/AT Y. HOSAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD, Y. HOSAHALLI VILLAGE HOGALAGERE POST SIRNIVASAPURA TALUK KOLAR DISTRICT 563 138 REPRESENTED BY ITS PRESIDENT 5. JAFFAR VALLI S/O BASU SAAB AGED ABOUT 67 YEARS R/AT PULAGURAKOTE MILK PRODUCERS CO OPERATIVE SOCIETY LTD., PULAGURAKOTE VILLAGE AND POST SRINIVASAPURA TALUK, KOLAR DISTRICT 563135 REPRESENTED BY ITS PRESIDENT 6. G R KRISHNA MURTHY S/O CHANNARYAPPA AGED ABOUT 47 YEARS R/A GUDIPALLI CROSS MILK PRODUCERS CO OPERATIVE SOCIETY LTD KOGERIPALLI VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT 563134 REPRESENTED BY ITS PRESIDENT 7. SRINIVASA GOWDA S/O PILLANNA AGED ABOUT 52 YEARS R/A NERNAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD NERNAHALLI VILLAGE MUTHAKAPALLI POST SRINIVASAPURA TALULK KOLAR DISTRICT 563138 REPRESENTED BY ITS PRESIDENT - 3 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 8. VENKATARAMANAPPA G.A. S/O AKKALAPPA AGED ABOUT 50 YEARS R/AT GOPALAPURAMILK PRODUCERS CO OPERATIVE SOCIETY LTD., GOPALAPURA VILLAGE IMMARAKUNTE POST SRINIVASAPURA TALUK KOLAR DISTRICT 563138 REPRESENTED BY ITS PRESIDENT 9. SMT. MANJULA C/O JAYARAM AGED ABOUT 45 YEARS R/AT DIGAVAMORAMPALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD DIGAVAMORAMPALI VILLAGE GAVANAPALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563161 REPRESENTED BY ITS PRESIDENT 10. D. SRINIVASA REDDY S/O CHIKKANARAYANAPPA AGED ABOUT 70 YEARS R/AT DODDAPALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD., DODDAPALLI VILLAGE RONURU POST SRINIVASAPURA TALUK KOLAR DISTRICT 563138 REPRESENTED BY ITS PRESIDENT 11. MUNIYAPPA S/O VENKATAPPA AGED ABOUT 53 YEARS R/AT TANTHARLAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD TANTHARLAHALLI VILLAGE KOTABALLAPALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563135 REPRESENTED BY ITS PRESIDENT 12. CHOWDAREDDY R C S/O CHINNAAPPAL REDDY - 4 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 AGED ABOUT 48 YEARS R/AT REDDYPALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD REDDYPALLI VILLAGE KESETTYPALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT 563135 REPRESENTED BY ITS PRESIDENT PETITIONERS ARE NOT CLAMING SENIOR CITIZENSHIP BENEFIT …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE) AND: 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASGAR ROAD BANGALORE - 560 002 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLAR DISTRICT, KOLAR 563101 3. VOTERS LIST VERIFYING OFFICER OFFICE OF THE ASSISTANT REGISTRAR KOLAR DISTRICT, KOLAR 563101 4. KOLAR DISTRICT CO OPERATIVE UNION LTD 2ND FLOOR, SAHAKARA BHAVANA D.C.C. BANK ROAD, KOLAR - 563101 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED UNDER THE SOCIETY REGISTRATION ACT 1959. 5. RETURNING OFFICER KOLAR DISTRICT CO OPERATIVE UNION LTD., NO 54/1, DISTRICT CO OPERATIVE BHAVANA D.C.C. BANK ROAD, KOLAR - 563101 …RESPONDENTS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R4 SRI. YOGESH D. NAIK, AGA FOR R1 TO 3 & 5) - 5 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED INELIGIBLE VOTERS LIST DATED 12.09.2025 ISSUED BY THE 3RD, 4TH AND 5TH RESPONDENT, INSOFAR AS PETITIONERS ARE CONCERNED FOUND AT SL. NO. 5, 8, 9, 10, 14, 19, 25, 27, 28, 29, 30 AND 32 OF THE LIST AS PER ANNEXURE-A IN SO FAR AS, THE PETITIONERS ARE CONCERNED AND FURTHER DIRECT THE RESPONDENTS TO REDO THE VOTER LIST AND HOLD ELECTIONS TO THE BOARD OF DIRECTORS TO RESPONDENT NO.4 SOCIETY AFTER FINALIZING THE VOTER LIST BY COMPLYING THE REQUIREMENT UNDER RULE 13-D OF KARNATAKA COOPERATIVE SOCIETIES RULES 1960 AND ETC., IN WP NO. 29513/2025 BETWEEN: 1. K.B. NARAYANASWAMY, S/O BYRAPPA, AGED ABOUT 68 YEARS, PRESIDENT, KUMMAKUNTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. SRINIVASPURA TALUK, KOLAR 563 135 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. T. SUBRAMANI, S/O THIMMAYYA, AGED ABOUT 46 YEARS, PRESIDENT, DEVALAPALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., DEVALAPALLI POST, SRINIVASPURA TALUK, KOLAR 563138 3. R. SURYANARAYANAMURTHY, S/O RAMACHANDRAPPA H M, AGED ABOUT 67 YEARS, PRESIDENT, HODALI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., DEVALAPALLI, - 6 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 SRINIVASPURA TALUK, KOLAR 563 135 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 4. S. N. GOVINDAGOWDA, S/O NANJAPPA, AGED ABOUT 62 YEARS, PRESIDENT, SHESHAPURA MILK PRODUCERS CO - OPERATIVE SOCIETY LTD. MUDIYANURU POST, SRINIVASPURA TALUK, KOLAR-563 135 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 5. K. M. TIPPAREDDY, S/O K. T. MUNIREDDY. AGED ABOUT 47 YEARS, PRESIDENT, KOTRAGULI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., DEVALAPALLI, SRINIVASPURA TALUK, KOLAR-563 135 6. MUNIREDDY. S/O ERAPPA, AGED ABOUT 58 YEARS, PRESIDENT, BYRAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., SRINIVASPURA POST AND TALUK, KOLAR 563 135 7. N.V. MUNIREDDY, S/O VENKATASHAMAREDDY, AGED ABOUT 79 YEARS, PRESIDENT, R NEELATURU MILK PRODUCERS CO - OPERATIVE SOCIETY LTD. SRINIVASPURA TALUK, KOLAR-563 135 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 8. MANJUNATHA REDDY N, S/O NAREPPA, AGED ABOUT 55 YEARS, PRESIDENT, MANIGANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. MANIGANAHALLI POST, SRINIVASPURA TALUK, - 7 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 KOLAR - 563 135 9. MANJAMMA, W/O PEDDAVENKATARAVANA, AGED ABOUT 45 YEARS, PRESIDENT, MARIMAKALAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. MARIMAKALAHALLI VILLAGE, LAKSHMIPURA POST, SRINIVASPURA TALUK, KOLAR-563 135 10. KRISHNA REDDY, S/O AVALAGOPALAPPA, AGED ABOUT 65 YEARS, PRESIDENT, KATARLAMUDDALAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. KALLURU POST, SRINIVASPURA TALUK, KOLAR 563 135 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 11. L. V. CHETHAN, S/O L. V. VENKATESHAPPA, AGED ABOUT 41 YEARS, PRESIDENT, LOCHARAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., RONUR POST, SRINIVASPURA TALUK, KOLAR 563 135 12. K. DHANANJAYA, S/O KRISHNAPPA, AGED ABOUT 33 YEARS, PRESIDENT, PINDIGANAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., YELDUR POST, SRINIVASPURA TALUK, KOLAR 563 135 13. SUDHAKARA REDDY, S/O SRI RAMA REDDY, AGED ABOUT 43 YEARS, PRESIDENT, BACHHAREDDAGARAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. MARASANAPALLI - 8 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 POST, SRINIVASPURA TALUK, KOLAR - 563 135 14. LAKSHMAN REDDY K. S, S/O SRI RAMA REDDY, AGED ABOUT 41 YEARS, PRESIDENT, KAMBALAPALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. SRINIVASPURA TALUK, KOLAR-563 135 PETITIONERS NO.1 TO 14 ARE THE PRESIDENT OF THEIR RESPECTIVE MILK PRODUCERS CO-OPERATIVE SOCIETY AND THE MEMBERS OF KOLAR DISTRICT CO-OPERATIVE UNION LTD. …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY ITS COMMISSIONER 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DIVISION, NO.1, ALI ASKER ROAD, VASANTHNAGAR, BANGALORE - 560 052 4. KOLAR DISTRICT CO-OPERATIVE UNION LTD, NO.54/1 DISTRICT CO-OPERATIVE BHAVANA, 2ND FLOOR, NEAR DCC BANK, KOLAR-563 101 (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) - 9 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 5. RETURNING OFFICER, KOLAR DISTRICT COOPERATIVE UNION LTD, NO.54/1 DISTRICT CO-OPERATIVE BHAVANA, 2ND FLOOR, NEAR DCC BANK, KOLAR 563 101 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 5 SRI. A. DEVARAJA, ADVOCATE FOR R2 SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTIONS TO THE RESPONDENT NO.4 WHICH IS SCHEDULED TO BE HELD ON 28/09/2025 IN THE INTEREST OF JUSTICE AND EQUITY. THESE WRIT PETITIONS, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA COMMON ORAL ORDER The petitioners have approached this Court seeking to quash Annexure-A-the ineligible voters list dated 12.09.2025 issued by respondent Nos.3 to 5, making them ineligible to vote for the Board of Directors of respondent No.4-Society. - 10 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 2. After filing the writ petition, subject to the result of this writ petition, the petitioners were permitted to cast their votes in the election that was scheduled to be held on 28.09.2025 and permission was granted to declare the election results, as per order dated 25.09.2025. Now it is stated that the election was conducted as scheduled and the petitioners have cast their votes. 3. In view of the above, it is the contention of learned Additional Government Advocate for respondent Nos.1 to 3 and 5 and learned counsel for respondent No.4 that, the petitions have been rendered infructuous as the petitioners will have to raise the dispute under Section 70 of the Karnataka Cooperative Societies Act (for short, 'the KCS Act'). 4. Per contra, it is the contention of the learned senior advocate for the petitioners that, since the petitioners have approached this Court much prior to the election, it is to be decided on merits without relegating the petitioners to the Registrar under Section 70 of the KCS Act. 5. Learned senior advocate for the petitioners places reliance on the decision in S.K. Nagesh V/s The State of - 11 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 Karnataka and others1, to contend that the Co-ordinate Bench of this Court, after permitting the petitioners therein to cast their votes has even permitted to declare the results by taking into consideration the votes that are cast by the petitioners. However, in the said order, the Co-ordinate Bench has not decided any questions of law to bind this Court. However, on facts of the case, it is ordered to take into consideration the votes cast by the petitioners. 6. When Section 70 of the KCS Act permits raising of any disputes that touches the constitution, management, or business of a Co-operative Society, I am not inclined to entertain the petitions bypassing the jurisdiction of the Registrar of Co-operative Society. Several such petitions under similar circumstances came to be disposed off by reserving liberty to the petitioners to raise the dispute by invoking Section 70 of the KCS Act. Under such circumstances I do not find any special grounds to entertain the petitions on merits or to permit the Returning Officer to count the votes that are cast by the petitioners. When the efficacious statutory remedy is available to the petitioners, I am not inclined to accept the 1 W.P.No.11115 of 2025 D.D.04.07.2025 - 12 - HC-KAR NC: 2025:KHC:47069 WP No. 29458 of 2025 C/W WP No. 29513 of 2025 contentions taken by the petitioners to bypass the same. Accordingly, I proceed to pass the following: ORDER i) The writ petitions are dismissed. ii) The petitioners are at liberty to invoke Section 70 of the KCS Act, if they are advised to do so. iii) Respondent No.5 - Returning Officer is directed to declare the election results that was held on 28.09.2025 without counting the votes already cast by the petitioners. iv) The votes cast by the petitioners shall be kept separately till resolution of the dispute. In view of disposal of the main petitions, pending I.A.Nos.1 and 2 of 2025 also stand dismissed. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 6