- 1 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.9140 OF 2026 (CS-EL/M) BETWEEN: 1. HEMAVATHI W/O. RAVI L. AGE 47 YEARS SHARE NO.30, 2. SRIDEVI W/O. AYYIAPPA AGE 43 YEARS SHARE NO.35, 3. GANGA D/O. KUPPASWAMY AGE 42 YEARS SHARE NO.23, 4. LATHA W/O. KANNAIAH AGE 43 YEARS SHARE NO.81, 5. PRIYA U D/O UPENDRA REDDY AGE 37 YEARS SHARE NO.05, 6. RANJITHA W/O AMARA NARAYANA AGE 45 YEARS Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 SHARE NO.72, 7. HUNSAMMA W/O SRINIVASAPPA AGE 47 YEARS SHARE NO.22, 8. ROOPA C W/O MURALI AGE 37 YEARS SHARE NO.34, 9. REATHA G D/O GOPALAPPA AGE 30 YEARS SHARE NO.73, 10. NAVANEETHA W/O. KESHAVAREDDY AGE 38 YEARS SHARE NO.38, 11. BHAGYA LAKSHMI W/O JAYARAMREDDY AGE 46 YEARS SHARE NO.20, 12. GEETHA S W/O SHIVAKUMAR AGE 36 YEARS SHARE NO.33, 13. MEENAKSHI W/O THIMARAYYA AGE 40 YEARS SHARE NO.74, 14. NAGAVENI W/O VINODKUMAR AGE 32 YEARS SHARE NO.51, - 3 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 15. PAVITHRA W/O SHASHI KUMAR AGE 30 YEARS, SHARE NO.12, 16. YASHODHA W/O SHANKER REDDY AGE 32 YEARS, SHARE NO.11, 17. MUNIRATHNAMMA W/O HANUMANTHAPPA AGE 60 YEARS SHARE NO.88, PETITIONERS ARE THE MEMBERS OF THE M. KOTHURU MILK PRODUCERS WOMEN'S CO-OPERATIVE SOCIETY LTD. M. KOTHURU VILLAGE, KGF TALUK, KOLAR DISTRICT-563 113. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, 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 PRINCIPLE SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, T.T M.C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY. 3. COOPERATIVE DEVELOPMENT OFFICER /VERIFICATION OFFICER OFFICE OF DEPUTY REGISTRAR OF CO-OPERATIVE - 4 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 SOCIETY LTD KOLAR TALUK, KOLAR DISTRICT-563 101. 4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY /DISTRICT ELECTION OFFICER KOLAR TALUK, KOLAR DISTRICT-563 101. 5. RETURNING OFFICER M KOTHURU MILK PRODUCERS WOMEN'S CO-OPERATIVE SOCIETY LTD. M. KOTHURU VILLAGE, KGF TALUK, KOLAR DISTRICT-563 113. 6. M.KOTHURU MILK PRODUCERS WOMEN'S CO-OPERATIVE SOCIETY LTD. M. KOTHURU VILLAGE, KGF TALUK, KOLAR DISTRICT-563 113 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA., FOR R.1, R.4 AND R.5; SRI. A. DEVARAJ, ADVOCATE FOR R.2 AND R.3; SRI. MAHENDRA GOWDA C.R., ADVOCATE FOR R.6) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CALENDAR OF EVENTS DATED 06-03-2026 PRODUCED AT ANNEXURE-A ISSUED BY THE RESPONDENT NO.6 FIXING THE ELECTION OF THE RESPONDENT NO.6 SOCIETY ON 29-03-2026, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners are members of respondent No.6 - Society. A calendar of events regarding conduct of elections to the said Society was announced. Notices under Rule 13D as contemplated under the Karnataka Co- operative Societies Rules, 1960 were issued to the petitioners calling upon them to explain why they should not be disqualified from participating in the election process. On the ground that sufficient time was not granted to the petitioners, the writ petition has been filed with the following prayers:- "i. Issue a writ in nature of certiorari or any appropriate writ, quashing the Calendar of events dated 06.03.2026 produced at Annexure-A issued by the respondent no.6 fixing the election of the respondent no.6 society on 29-03-2026. ii. Issue a writ in the nature of mandamus directing the respondent no.3, 4 and 5 to hold the elections to the respondent no.6 society after the strict compliance of Rule 13D(2-A)(ii) of the Karnataka Co-operative Societies Rules, 1960. - 6 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 iii. Such other direction or order as may deem fit to this Hon'ble Court may kindly be issued." 2. On 18.03.2026, this Court passed the following interim order: "Learned Additional Government Advocate accepts notice for respondent Nos.1, 4 and 5. Sri. A. Devaraj, learned counsel is directed to take notice for respondent Nos.2 and 3. Issue emergent notice to respondent No.6. Sri Deviprasad Shetty, learned counsel for the petitioners contended that, calendar of events was issued on 06.03.2026 as per Annexure-A and the respondent - Society has issued the ineligible voters' list to the petitioners on 20.02.2026 (Annexure-B) which is contrary to Rule 13D(2- A)(ii) of the Karnataka Co-operative Societies Rules, 1960. Learned counsel for the petitioners also invited the attention of the Court to the Judgment of the Division Bench of this Court in W.A.No.1333/2023 and connected Writ Appeals decided on 02.01.2024 and submitted that the intention of the respondent is to exclude the petitioners herein from participating / contesting in the election and therefore sought for interference of this court. - 7 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 Per contra, learned Additional Government Advocate sought to justify the action of the respondents. Taking into consideration the urgency pleaded by the petitioners herein and also to enable the respondenst to file statement of objections by next date of hearing, I am of the opinion that, respondent No.5 be directed to permit the petitioners herein to participate in the election by casting their votes and also it is open for the petitioners to contest in the election to be conducted on 29.03.2026 as per the calendar of events (Annexure-A to the Writ Petition). However, it is made clear that, the Returning Officer shall not announce the result of the election without the permission of the Court. It is also to be noted that the votes that may be casted by the petitioners herein shall be kept in a separate bag." 3. On the strength of the interim order, the petitioners have taken part in the process of election. However, the votes cast by the petitioners were kept in a separate bag and were not counted and the results of the election have not been announced as per the directions of this Court in the aforementioned interim order. 4. Learned counsel for the petitioners, learned AGA appearing for respondent nos.1, 4 and 5 and learned - 8 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 counsel appearing for respondent No.6-Society submit that, given the peculiar facts and circumstances of the case, interest of justice would be met if the votes cast by the petitioners are also counted and the election results are announced. 5. Respondent Nos.1, 4, 5 and 6 have no objection for the petitioners participating in the election process. 6. Based on the aforementioned submission made by the learned counsel for the petitioners, the learned AGA appearing for respondent Nos.1, 4 and 5 and learned counsel appearing for respondent No.6, it is hereby ordered that the election results for the Board of Directors of Respondent No.6- Society be announced by also taking into account the votes, if any, cast by the petitioners. However, the votes cast by the petitioners shall be kept separately even after counting. 7. The entire exercise shall be completed within a period of 30 days from today. - 9 - HC-KAR NC: 2026:KHC:26971 WP No. 9140 of 2026 8. Accordingly, the writ petition is disposed of. 9. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 68