- 1 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18155 OF 2026 (CS-EL/M) BETWEEN: 1. SRI. RAVISHA S/O GOPALAKRISHNA AGED ABOUT 43 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.68. 2. SRI. SUBRAHMANYA S/O PADHMANABHA GOWDA AGED ABOUT 62 YEARS RESIDENT OF PADDAMBAILU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.8. 3. SRI. KARUNAKARA S/O KRISHNAPPA GOWDA AGED ABOUT 72 YEARS RESIDENT OF ADPANGAYA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.1. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 4. SRI. VEERAYYA GOWDA S/O ANNAYYA GOWDA AGED ABOUT 48 YEARS RESIDENT OF PADDAMBAILU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.53. 5. SRI. RADHAKRISHNA MAVINAPALLA S/O NARAYANA AGED ABOUT 62 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.62. 6. SRI. MADHUSUDHANA S/O POOVAYYA GOWDA AGED ABOUT 60 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.62. 7. SMT. PUSHPALATHA W/O KARUNAKARA AGED ABOUT 65 YEARS RESIDENT OF ADPANGAYA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.2. 8. SRI.UMESH N. S/O KITTAPPA S.GOWDA AGED ABOUT 65 YEARS - 3 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 RESIDENT OF NARALU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.20. 9. MR.HASAINAR HAJI GORADKA S/O. POKARE HAJI AGED ABOUT 55 YEARS RESIDENT OF GORADKA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.34. 10. SMT. PARAMESHWARI W/O YASHWANTH AGED ABOUT 48 YEARS RESIDENT OF PADDAMBAILU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.28. 11. MR. K.H.HASAINAR S/O ABDULLA AGED ABOUT 68 YEARS RESIDENT OF GULUMBU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.23. 12. MR. ABDULLA A. S/O MAHAMMAD AGED ABOUT 62 YEARS RESIDENT OF AJJAVARA MASJID AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 - 4 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 MEMBERSHIP NO.91. 13. SRI.HONNAPPA GOWDA S/O SHIVANNA GOWDA AGED ABOUT 68 YEARS RESIDENT OF ADPANGAYA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.51. 14. SRI. PRASHANTH A.D. S/O BHAVANISHANKARA AGED ABOUT 68 YEARS RESIDENT OF ADPANGAYA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.60. 15. MR ABBOBAKKAR T.H. S/O HASAINAR AGED ABOUT 40 YEARS RESIDENT OF THUPPEKALLU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.61. 16. MR.MAHAMMAD SHAREEF S/O HASSAINAR G. AGED ABOUT 47 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.63. - 5 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 17. MR. A.B.ASHRAF S/O ABDULLA AGED ABOUT 38 YEARS RESIDENT OF BANTRABAILU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.72. 18. SRI.UPENDRA, S/O ANNAPPA GOWDA AGED ABOUT 57 YEARS ATHYADY HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.39. 19. SRI.CHANDRASHEKARA S/O.GUDDAPPA GOWDA AGED ABOUT 58 YEARS RESIDENT OF ATHYADY PELTHADY HOUSE MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.108. 20. SRI.SHASHIDHARA A.R. S/O RAMACHANDRA GOWDA AGED ABOUT YEARS RESIDENT OF SHIRAJE HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.109. - 6 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 21. SRI. ARUNA KUMAR S/O PADHMANABHA GOWDA AGED ABOUT YEARS RESIDENT OF PADDAMBAILU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.89. 22. SRI. ELYANNA GOWDA S/O KUTYAPPA GOWDA AGED ABOUT YEARS RESIDENT OF KARLAPPADI HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.10. 23. SRI. BHASKARA S.K. S/O JATTAPPA GOWDA AGED ABOUT 52 YEARS RESIDENT OF SHIRAJE HOUSE MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.13. 24. SRI. BALAKRISHNA S/O HUKRAPPA GOWDA AGED ABOUT 68 YEARS RESIDENT OF KALANJABAKILU HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.36. 25. SRI. BALAKRISHNA S/O PAKEERA GOWDA - 7 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 AGED ABOUT 68 YEARS RESIDENT OF MAVAJI HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.54 26. MR. SIDDIQ M. S/O ABDULLA AGED ABOUT 47 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.57. 27. SRI VASUDEVA S/O RAMANNA ACHARI AGED ABOUT 58 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.59. 28. SRI. MADHAVA ATHYADI S/O PADMAYYA GOWDA AGED ABOUT 55 YEARS RESIDENT OF ATHYADI HOUSE (NARALU) AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.21. 29. SRI. SHIVARAMA ATHYADI S/O PADMAYYA GOWDA AGED ABOUT 63 YEARS RESIDENT OF ATHYADI HOUSE (NARLAU) AJJAVARA POST AND VILLAGE - 8 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 SULLIA TALUK, DK-574 239 MEMBERSHIP NO.26. 30. SMT. SAVITHA A.V. W/O VENKATRAMANA AGED ABOUT 57 YEARS RESIDENT OF ADPANGAYA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.38. 31. SMT. DHARMAVATHI M. W/O BALAKRISHNA AGED ABOUT 58 YEARS RESIDENT OF ADPANGAYA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.40. 32. SRI. SUKUMARA S/O POOVANI GOWDA AGED ABOUT 69 YEARS RESIDENT OF KODTHUGULI HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.52. 33. MR. SHAFI S/O MAHAMMAD AGED ABOUT 55 YEARS RESIDENT OF ADKA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.58. - 9 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 34. SRI. VASU POOJARY S/O SHANKARA POOJARY AGED ABOUT 47 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.64. 35. SRI. GANESH M.M. S/O MUDDA AGED ABOUT 48 YEARS RESIDENT OF MAVINAPALLA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.67. 36. SRI. ALAGAYYA P. S/O T.PONNAN AGED ABOUT 58 YEARS RESIDENT OF MEDINADKA HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.80. 37. SRI. KUSHALAPPA GOWDA S/O ANNAYYA GOWDA AGED ABOUT 55 YEARS RESIDENT OF ATHYADY PELTHADY HOUSE AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.86. 38. SRI. T.VENKATAKRISHNA ACHAR S/O MANJAYYA ACHARY AGED ABOUT YEARS - 10 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 RESIDENT OF AJJAVARA POST AND VILLAGE SULLIA TALUK, DK-574 239 MEMBERSHIP NO.92. …PETITIONERS (BY SRI. BALAKRISHNA SHASTRY, SR.ADVOCATE FOR SRI. VENUGOPALA M.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION VIKASA SOUDHA DR. B.R.AMBEDKAR VEEDHI BENGALURU-560 001. REP. BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK K.H.ROAD, SHANTHINAGARA BENGALURU-560 027. REP. BY ITS SECRETARY. 3. AJJAVARA HAALU UTPADAKARA SAHAKARI SANGHA NIYAMITA, AJJAVARA A SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 HAVING ITS REGISTERED OFFICE AT AJJAVARA VILLAGE AND POST SULLIA TALUK, DK DISTRICT-574 239. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. - 11 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 4. THE RETURNING OFFICER AJJAVARA HAALU UTPADAKARA SAHAKARI SANGHA NIYAMITA, AJJAVARA AND CO-OPERATIVE DEVELOPMENT OFFICER OFFICE OF DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY DK DISTRICT, MANGALORE-575 001. 5. THE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAKSHINA KANNADA DISTRICT MANGALORE-575 001. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1, R4 & R5; SRI. A.DEVARAJA, ADVOCATE FOR R2; SRI. P.DHANANJAYA, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE 3RD RESPONDENT SOCIETY WHICH IS SCHEDULED TO BE HELD ON 21/06/2026 AS PER CALENDAR OF EVENT VIDE ANNEXURE-D DATED 02.06.2026 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 12 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The writ petition pertains to denial of voting rights to the petitioners who are the members of respondent no.3-Society. Elections are scheduled to be held on 21.06.2026. The society is said to be consists of 121 members, of which 79 members are declared ineligible voters for various reasons. Amongst the said 79 ineligible voters, 38 persons have approached this Court by filing the aforementioned writ petition. 2. The specific case of the petitioners is that, voters list has been prepared in contravention of the provisions of Rule 13D of the Karnataka Co-operative Societies Rules, 1960 (for short 'the Rules, 1960'). It is specifically contended that they are not ineligible but are eligible voters. However, erroneously they have been considered as ineligible voters. It is submitted that the same is done with an ulterior motive of favoring certain individuals and the act of respondent is resulted in there being only 42 members being eligible voters out of 121 members. Hence, the present writ petition is filed with the following prayers: - 13 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 "a). 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 cast their votes in the elections to the 3rd Respondent Society which is scheduled to be held on 21.06.2026 as per calendar of event vide Annexure-D dt: 2.6.2026 in the interest of justice and equity. and: b). Issue such other writ or directions as this Hon'ble court deems fit to be granted in the facts and circumstances of the case by allowing this writ petition in the interest of justice and equity." 3. Per contra, learned counsel for the respondents justify the orders passed and they submit that there is no irregularities and that the petitioners are in fact are ineligible to vote for the reasons stated in Annexure-G to the writ petition and the said lists of eligible voters and ineligible voters have been prepared strictly in compliance of the laws including Rule 13D of the Rules, 1960. On the said grounds, it is prayed that the writ petition be dismissed. 4. Whether the petitioners are eligible voters or ineligible voters involves adjudication of the disputed question of facts which this Court in exercise of its power under Article 226 of - 14 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 the Constitution of India cannot decide. Further, this Court in W.P.No.29014/2023 and also in W.A.No.100619/2024 has held that petitioners are having an alternative and efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act, 1959') in this type of case. 5. However, the apprehension of the petitioners is that the Registrar tend to not adjudicate the dispute raised within the time frame prescribed and on most occasions the term of the office bearers will be over by the time the disputes are resolved and the same becomes infructuous. For that reason, it is submitted that though there is an alternative remedy but the same is not efficacious and hence, it would be appropriate for this Court to adjudicate the dispute. 6. However, it is seen that the lis involves disputed question of facts which requires adducing evidence by the parties concerned and for that reason, it may not be appropriate for this Court to entertain the writ petition. Further, learned AGA upon instructions, submits that, if the petitioners were to raise a dispute before the jurisdictional Assistant Registrar of Co- - 15 - HC-KAR NC: 2026:KHC:29945 WP No. 18155 of 2026 operative Societies, the same would be adjudicated strictly in compliance within the time frame mentioned in Section 71(5) of the Act, 1959. Hence, I proceed to pass the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioners to approach the appropriate authority as per Section 70 of the Karnataka Co-operative Societies Act, 1959; (ii) If such a dispute is raised, the same shall be adjudicated upon within the time frame strictly prescribed under Section 71(5) of the Act, 1959. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 22