- 1 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100846 OF 2026 (CS-EL/M) BETWEEN: NINGANAGOUDA S/O. ADIVEPPAGOUDA POLICE PATIL, AGE. 65 YEARS, OCC. AGRICULTURE, R/AT. GANDHINAGAR, GOKUL ROAD, TQ. HUBBALLI, DIST. DHARWAD, KARNATAKA-580030. …PETITIONER (BY SRI. HIRANKUMAR PATEL, ADVOCATE) AND: 1) THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE - 560 001. 2) THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVT OF KARNATAKA NO.1, ALI- ASKAR ROAD, BENGALURU - 560 052. 3) CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS SECRETARY, 3RD FLOOR, SHANTINAGAR, T.T.M.C, “A” BLOCK, SHANTINAGAR, BENGALURU - 560 027. 4) JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DIVISION, AT BELAGAVI NO.5, UDAYA BUILDING, P.M ROAD, SHAHAPUR, BELAGAVI - 590 001. 5) RETURNING OFFICER, PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD., Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581212. 6) THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD., AT: SURASETTIKOPPA, KALAGHATAGI, DIST. DHARWAD, KARNATAKA, 581212. 7) ADIVEPPAGOUDA S/O. BHARAMAGOUDA MURALI AGE: 54 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 8) BASAVARAJ S/O. SHIVAPPA HOSAMANI AGE: 45 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 9) GADIGEPAGOUDA GANGANAGOUDA NADUVINMANI AGE: 40 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 10) GANGANAGODA CHANNAPPAGOUDA MURALLI AGE: 45 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 11) ISHWARGOUDA S/O. NINGANAGOUDA NADUVINMANI AGE: 42 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 12) MUTTANNA S/O. NINGAPPA PEERAPPANNAVAR AGE: 50 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 13) MANJUNATH S/O. NINGAPPA SHEELAVANTRA AGE: 51 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 14) MAHESH BASAVANNEPPA HOSAMANI AGE: 47 YEARS, OCC: AGRICULTURE - 3 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 15) NINGAPPA S/O. BHARAMAPPA MURALLI AGE: 46 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 16) SHIVALINGAPPA BASAPPA HONNALLI AGE: 43 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 17) CHANDRASHEKHAR S/O. BASAVANNEPPA SHEELAVANTRA AGE: 53 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 18) MANJUNATH NONGAPPA BENNI AGE: 35 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 19) LAKSHMI W/O. GANGAPPA CHATTNI AGE: 46 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196 . 20) PARAVVA W/O. SHEKHAPPA MUGALI AGE: 48 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 21) SHANKRAVVA W/O. PRAKASH SHEELAVANTRA AGE: 49 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 22) GADIGEPPA S/O. CHANNAPPA KALBHAVI AGE: 52 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. - 4 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 23) MANJUNATHGOUDA S/O. SHANKARGOUDA MURALLI AGE: 51 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 24) BHARAMAPPA S/O. HULIGAPPA HIRIJAN AGE: 50 YEARS, OCC: AGRICULTURE R/AT: SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. 25) HANAMANTGOUDA S/O. MALLANAGOUDA PATIL AGE: 53 YEARS, OCC: AGRICULTURE R/AT: NAGNUR VILLAGE, SURASETTIKOPPA, KALAGHATAGI, DIST: DHARWAD, KARNATAKA, 581-196. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO; A) ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL VOTERS LIST AS ISSUED BY RESPONDENT NO. 5 AND 6, MARKED AT ANNEXURE D IN SO FAR AS THE PETITIONER IS CONCERNED. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO SET-ASIDE THE VOTING CONDUCTED ON DATED 28/01/2026 AND TO CONDUCT FRESH ELECTIONS TO THE BOARD OF RESPONDENT NO.5 AND 6 SOCIETY AFTER PREPARING A LAWFUL VOTERS’ LIST BY INCLUDING THE PETITIONER AS AN ELIGIBLE VOTER AND BY STRICTLY COMPLYING WITH THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND THE RULES FRAMED THEREUNDER. C) ISSUE ANY SUCH OTHER WRIT, DIRECTION OR ORDER AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore it is most respectfully prayed that this Hon’ble Court may be pleased to; a) Issue a Writ of Certiorari quashing the final voters list as issued by Respondent No.5 and 6, marked at Annexure D in so far as the petitioner is concerned. b) Issue a writ of Mandamus directing the respondents to set-aside the voting conducted on dated 28/01/2026 and to conduct fresh elections to the Board of Respondent No.5 and 6 Society after preparing a lawful voters’ list by including the petitioner as an eligible voter and by strictly complying with the provisions of the Karnataka Co-operative Societies Act, 1959 and the Rules framed thereunder. c) Issue any such other writ, direction or order as this Hon’ble Court deems fit under the circumstances of the case in the interest of Justice and equity.” 2. Learned counsel for the petitioner has made submissions with regard to the manner in which the election is conducted and the manner in which the final list is prepared. But the relief that is sought by the petitioner is to quash the final voters list and to set aside the voting conducted on 28.01.2026. - 6 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 3. Learned High Court Government Pleader appearing for respondent Nos.1 to 4 submits that the petitioner has a remedy under Section 70(2)(e) of the Karnataka Co-operative Societies Act, 1959 and he cannot file a writ petition. Section 70(2)(e) of the Act reads thus: “70. Disputes which may be referred to Registrar for decision.- (2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co- operative society, namely:— (e) a claim by a co-operative society for any deficiency caused in the assets of the cooperative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its *board*, past or present whether such loss be admitted or not.” 4. In the light of the fact that all these disputes can be raised before the Registrar and can be decided by the Registrar, this Court is not inclined to go into all these aspects. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy under Section 70(2)(e) of the Karnataka Co-operative Societies Act, 1959. - 7 - HC-KAR NC: 2026:KHC-D:1822 WP No. 100846 of 2026 ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 10