- 1 - HC-KAR NC: 2026:KHC:30363 WP No. 17347 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 17347 OF 2026 (CS-EL/M) BETWEEN: 1. SRI. SHIVASWAMY, S/O. LATE KENCHASHETTY, AGED ABOUT 59 YEARS, RESIDENT OF DODDINDAVADI, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 443. 2. SRI. SURESH M. S/O. LATE MARIGOWDA, AGED ABOUT 47 YEARS, RESIDENT OF DODDINDAVADI, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 443. …PETITIONERS (BY SRI. ANANDA K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC BUILDING, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30363 WP No. 17347 of 2026 SHANTHINAGAR, BENGALURU - 560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGAR DISTRICT, DISTRICT ADMINISTRATIVE BUILDING, CHAMARAJANAGAR - 571 313. 4. THE RETURNING OFFICER OF THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., AND SUPERINTENDENT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES , CHAMARAJANAGAR SUB-DIVISION, SPS BUILDING, CHAMARAJANAGAR - 571 440. 5. THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., DODDINDUVADI VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 443, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 6. SRI. VEERESH S. S/O. SOMEGOWDA, AGED ABOUT 65 YEARS, RESIDENT OF DODDINDAVADI, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 443. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. P. ANAND, ADVOCATE FOR R6; SRI. H.B. RUDRESH, ADVOCATE FOR R5) - 3 - HC-KAR NC: 2026:KHC:30363 WP No. 17347 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELIGIBLE VOTERS LIST DATED 24.05.2026 ISSUED BY THE RESPONDENT NO.5 AT ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Respondent No.3 is present before the Court. 2. Election to respondent No.5 - Society was scheduled on 14.06.2026. It is seen that gross irregularities have been committed by the Returning Officer (respondent No.4), in conducting the elections like twice a final electoral list has been released and the nomination papers of all the candidates have been filled up by the Assistant Electoral Officer at the behest of respondent No.4. 3. The allegation of the petitioners is that the second voters list was finalized only with a view to benefit respondent No.6. It is submitted that the name of - 4 - HC-KAR NC: 2026:KHC:30363 WP No. 17347 of 2026 respondent No.6 did not initially find a place in the first voters list. It is also submitted that the second petitioner intended to contest the election in BCM-B category. However, respondent No.4 did not allow the second petitioner to fill up the nomination papers and instead got the same filled through the Assistant Electoral Officer by taking blank signatures on the forms from the contesting candidates including that of the second petitioner and the second petitioner's candidature was filled in the general category instead of BCM-B category. It is further submitted that respondent No.4 ensured that respondent No.6 alone was the candidate in BCM-B category and he has been declared elected. 4. Though the allegation made by the petitioners that respondent No.4 favoured respondent No.6 is denied by the learned counsel appearing for respondent No.6, all the respondents candidly admit that it was a mistake on part of respondent No.4 to publish two final voter lists. They also admit that all the nomination papers of all the - 5 - HC-KAR NC: 2026:KHC:30363 WP No. 17347 of 2026 candidates have been filled up by the Assistant Electoral Officer. 5. Under the circumstances, it has to be considered that material irregularities have taken place regarding conduct of the elections to respondent No.5 - Society, which requires setting aside of the election process. 6. Both the learned counsel for the petitioners as well as the respondents under the circumstances pray that they would be satisfied if fresh election process is conducted to respondent No.5 - Society from the stage of preparation of electoral rolls. 7. Hence, the following: ORDER i. The Writ Petition is hereby disposed of. ii. The election process from the stage of preparation of electoral rolls to respondent - 6 - HC-KAR NC: 2026:KHC:30363 WP No. 17347 of 2026 No.5 - Society done so far, is hereby set aside. iii. Respondent Nos.1 to 3 are directed to appoint a different Returning Officer to conduct the election to respondent No.5 - Society. iv. The election to respondent No.5 - Society shall be conducted from the stage of preparation of the voters list under Rule 13- D(2-A) of the Karnataka Co-operative Societies Rules, 1960. v. The election will be conducted as expeditiously as possible. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 20