- 1 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.22925 OF 2026 (CS-EL/M) BETWEEN: 1. SRI. G. GOVINDA RAJU, S/O LATE GOVINDE GOWDA, AGED ABOUT 63 YEARS, RESIDENT OF KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. …PETITIONER (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. ANANDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC BUILDING, SHANTHINAGAR, BENGALURU-560 027, REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT, R Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 PUBLIC OFFICE BUILDING, SAYYAJI RAO ROAD, MYSURU-570 024. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSUR SUB-DIVISION, OFFICE AT MANJUNATHA BADAVANE, B.M.ROAD, HUNSUR-571 105. 5. THE RETURNING OFFICER OF THE TALUK AGRICULTURE PRODUCE MARKETING CO-OPERATIVE SOCIETY LTD., H.D. KOTE & TAHSILDAR, H.D. KOTE TALUK, MYSURU DISTRICT-571 125. 6. THE TALUK AGRICULTURE PRODUCE MARKETING CO-OPERATIVE SOCIETY LTD., H.D. KOTE TALUK, MYSURU DISTRICT-571 125 REPRESENTED BY ITS SECRETARY. (A CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT). 7. THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (A CO-OPERATIVE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT). 8. SRI. K.S. KALYAN KUMAR, S/O LATE SINGREGOWDA, AGED ABOUT 58 YEARS, R/AT KYATHANAHALLI VILLAGE, - 3 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 9. SRI. H. NAGARAJU, S/O LATE HALEGOWDA, AGED ABOUT 55 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 10. SRI. D. SHIVAPPA, S/O LATE DASEGOWDA, AGED ABOUT 62 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 11. SRI. MAHADEVAPPA, S/O LATE BASAVARAJAPPA, AGED ABOUT 52 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 12. SMT. MAMATHA, W/O NANJUNDASWAMY, AGED ABOUT 42 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 13. SRI. NITHYANANDAMURTHY, S/O N. VENKATARAJU, AGED ABOUT 48 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 14. SMT. THULASAMMA, W/O LATE RANGAIAH, - 4 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 AGED ABOUT 75 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. 15. K.R. RAVI KUMAR, S/O K.M. RAJANNA, AGED ABOUT 50 YEARS, R/AT KYATHANAHALLI VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT-570 026. …RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL, ALONG WITH SMT. PRATHIMA HONNAPURA, AAG., AND SRI. YOGESH D. NAIK, AGA., FOR R.1, R.3 TO R.5; SRI. A. DEVARAJ, ADVOCATE FOR R.2; SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R.6; SRI. V.R. SARATHY, ADVOCATE FOR R.7; SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SMT. SIRI RAJASHEKAR, ADVOCATE FOR R.8 TO R.15.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.SaNi-43/Aadalitha/Kalam 31/CR 04/2026- 27 DATED 23.07.2026 PASSED BY THE RESPONDENT NO.4 AT ANNEXURE-H AND DIRECT THE RESPONDENTS NO.1 TO 6 TO CONSIDER THE DELEGATION FORM DATED 15.06.2026 AT ANNEXURE-C FOLLOWED BY BOARD RESOLUTION DATED 12.06.2026 OF THE RESPONDENT NO.7 SOCIETY AT ANNEXURE-B AS VALID AND PERMIT THE PETITIONER SOCIETY TO PARTICIPATE AND CAST HIS VOTE IN THE ELECTION TO THE BOARD OF DIRECTORS OF RESPONDENT NO.6 SOCIETY AS A DELEGATE OF RESPONDENT NO.7 SOCIETY AS PER THE ELIGIBLE VOTER LIST AT ANNEXURE-D WHICH IS SCHEDULE TO BE HELD ON 26.07.2026, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner was elected as a delegate to represent respondent no.7-Society, which is affiliated to respondent no.6- Secondary Society, in the elections being conducted to respondent no.6-Secondary Society on 26.07.2026. The final voters' list was published on 02.07.2026 and the calendar of events was published on 03.07.2026. When this was the situation, on 23.07.2026, the Board of respondent No.7-Society was superseded and a Special Officer under Section 31 of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) was appointed by respondent No.4. The petitioner in the instant petition has challenged the said order of appointment of the Special Officer as well as sought for a writ of mandamus to direct the authorities concerned not to prevent him from casting his vote in the election scheduled on 26.07.2026. - 6 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 2. On 24.07.2026, this Court has passed the following interim order: "The learned AGA accepts notice for respondent Nos.1, 3, 4 and 5. Sri.A.Devaraj, learned counsel accepts notice for respondent No.2. Sri.V.R.Sarathy, learned counsel accepts notice for respondent No.7. Issue emergent notice to the other respondents. Respondent No.6- Society is the secondary society to which respondent No.7-Society is affiliated. The petitioner was chosen as a delegate to represent respondent No.7-Society in the election to be conducted to respondent No.6-Society on 26.07.2026. However, the Board of respondent No.7-Society has been superseded, because of which, petitioner is not being permitted to vote in the said election. The contention of the petitioner is that once the final voters' list is prepared and his name finds place therein, he cannot be prevented to cast his vote in the election. Learned Additional Advocate General, upon instructions, submits that irrespective of the name of the petitioner being included in the final voters' list since the Board of Directors of the Primary Society to which the - 7 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 petitioner belongs to has been superseded prior to the conduct of the elections, he cannot be permitted to vote. The aforementioned submissions of the learned counsel for the petitioner as well as the learned AAG require consideration. Under the given facts and circumstances of the case, I am of the opinion that the interest of justice would be met if an interim order permitting the petitioner to cast his vote and that would be kept in a separate box, is passed. Further, it is submitted by the learned counsel for the petitioner that petitioner does not intend to contest the election for Respondent No.6 - Society. Hence the following:- ORDER i. The petitioner shall be permitted to cast his vote in the election scheduled to be conducted for the Board of Directors of respondent No.6 Society on 26.07.2026. However, his vote shall be kept in a separate box. The votes cast by the other eligible members shall be counted. However, the result of the election shall not be announced without the leave of the Court. ii. The respondents are at liberty to seek modification of this order, if required. - 8 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 iii. If the petitioner were to lose in the writ petition, he shall not claim equities. iv. Call on 27.07.2026 at 2.30 p.m." 3. Pursuant to the said interim order, the petitioner has casted his vote and the same is kept in a sealed cover. 4. The present petition is filed with the following prayers: "i) Issue a Writ of Certiorari to quash the order bearing No.SaNi-43/Aadalitha/Kalam 31/CR 04/2026-27 dated 23.07.2026 passed by the respondent No.4 at Annexure- H; ii) Issue a writ of mandamus directing the Respondents No.1 to 6 to consider the Delegation Form dated 15.06.2026 at Annexure-C followed by Board Resolution dated 12.06.2026 of the Respondent No.7 Society at Annexure-B as valid and permit the Petitioner Society to participate and cast his vote in the Election to the Board of Directors of Respondent No.6 Society as a Delegate of Respondent No.7 Society as per the Eligible Voter List at Annexure-D which is schedule to be held on 26.07.2026. iii) And to pass such other orders as this Hon'ble Court deems fit to pass in the facts and circumstances of the case, in the interest of justice and equity." - 9 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 5. In the course of the arguments, the learned Senior Counsel appearing for the petitioner submits that the petitioner does not press the first prayer, which pertains to appointment of a Special Officer under Section 31 of the Act. He confines his arguments insofar as it relates to the second prayer i.e., his right to vote in the election being conducted to respondent no.6-Society. He prays that his vote may be counted. 6. It is submitted on behalf of the petitioner that once the calendar of events is published for an election to the Secondary Society and his name is included as a delegate of a Primary Society, unless there is an express order to the contrary altering the final voters' list, irrespective of whether the Board of Directors of his parent Society is superseded or not, he should be permitted to vote. Reliance is placed upon the provisions of Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 ('the Rules' for short), which pertains to the preparation of electoral rolls and calendar of events. 7. Rule 13-D of the Rules reads as under: "13-D. Preparation of electoral rolls and calendar of events.-(1) Election Officer shall, after due - 10 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 verification, send a consolidated list of all cooperative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.- (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the District Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the cooperative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.- (i) For publication of draft ineligible electoral list, the chief executive of every cooperative society shall prepare notice in respect of members not attending three out of the last five annual general body meetings and members not utilizing such minimum - 11 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 services or facilities in a co-operative year as specified in the bye laws for three consecutive cooperative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every cooperative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilized by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election officer between thirty days to sixty days from the date of notice to get the remedy. - 12 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 (v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the date of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.- (a) for publication of draft eligible electoral list, a list of defaulter, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election: Provided that the draft list of eligible members and delegates with right to vote, the list of defaulters and the - 13 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 list of other members and delegates who are not eligible to vote as also the final list of electoral rolls and the election calendar shall be announced on the notice board of the concerned co-operative society and its branches, if any, the local office of the department of co-operation, website if any of the co-operative society. (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every cooperative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,- (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; - 14 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the chief executive of the co-operative society to obtain from the member society, the name of an authorized member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,- (a) all the individual members with right to vote in respect of a primary cooperative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary cooperative society; or - 15 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.- (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results." 8. Petitioner also places reliance upon a judgment of the Division Bench of this Court in Gunjahalli Nagappa vs. State - 16 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 of Karnataka reported in 1975 SCC OnLine Kar 19 wherein at paragraphs 4, 9 to 11, it has been held as under: "4. In this petition, two important questions arise for consideration. They are: (1) Whether the State Govt. has power to cancel the calendar of events issued by the Returning Officer and to direct him to issue fresh calendar of events; and (2) Whether the State Govt. has the power to issue a direction to the Returning Officer to get the voters' list split up in accordance with law by the designated authority. 5. xxx 6. xxx 7. xxx 8. xxx 9. Apart from Rules 24 and 28, there is no other provision in the Rules which authorises any person or authority to postpone the polling date, much less, is there any provision to cancel a calendar of events validly issued by the competent authority. The power of superintendence, direction and control conferred on the State Govt. by Rule 75 cannot, in our opinion, be construed as including the power to cancel a calendar of - 17 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 events validly issued by the Returning Officer or to issue direction to adjourn the date of poll. The impugned order, to the extent it purports to cancel the calendar of events issued by the Returning Officer on 7-12-1974, has therefore, to be set aside. 10. In the last paragraph of the impugned order, the State Govt. has directed the Returning Officer to issue a fresh calendar of events after the voters' list is split up by the designated authority in accordance with the Rules. When once it is held that the State Govt. has no power to cancel the calendar of events issued by the competent authority the question of directing the competent authority to issue a fresh calendar of events, would not arise. That direction issued by the State Govt. necessarily has to be set aside. 11. Sri K.A Swamy, learned Counsel for the petitioners, is also right in contending that the direction issued by the State Govt. in the impugned order to the Returning Officer to get the voters' list split up by the designated authority is not warranted by the Rules. Neither the Act nor the Rules require the Returning Officer to get the voters' split up by the designated authority. He has only to hold election in accordance with the list authenticated by the designated authority under S. 14(2) of the Act. The State Govt. therefore had no authority to direct the Returning Officer to perform an act which is not one of his duties or functions under the Act or Rules. Hence, the above direction also has to be set aside." - 18 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 9. Reliance is placed upon the definition of 'delegate' in Section 2(e-1-a) of the Act, which reads as under: "(e-1-a) "Delegate" means a member of a Co-operative Society appointed by the Board to represent that Co-operative society in other Co-operative Society with power to participate and vote in the general meeting and to contest or propose or second in the election of the Co-operative society to which he is appointed as delegate." Based on the aforementioned provision, it is submitted that the Board of respondent No.7-Society, when it was in existence in accordance with law, chose the petitioner herein to be its delegate. The petitioner happened to be its member as well as its Director. Irrespective of whether the Board is subsequently superseded or not, he continues to be a member of respondent No.7-Society and he can function as a delegate of respondent No.7-Society as per the aforementioned definition. 10. It is further submitted that the said judgment has been affirmed by the Hon'ble Apex Court and reliance is placed upon the decision of the Hon'ble Apex Court in State of Karnataka - 19 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 v. Gunjahalli Nagappa reported in 1975 SCC OnLine SC 211 wherein at paragraph 11, it has been held as under: "11. That takes us to the alternative argument advanced by the learned Solicitor General on behalf of the State Government. He contended that in any event even if the impugned order was bad and the election process was liable to be continued from the stage, at which it was interrupted, the poll could be taken only on the basis of the revised electoral roll which had come into being, in the meanwhile, in February 1975 and, therefore, it was necessary for the designated officer to correct the divisional lists of voters so as to bring them in accord with the revised electoral roll. This contention is also without force. This contention is also without force. It is true that there is no provision in the Act similar to Section 23 sub-section (3) of the Representation of the People Act, 1950 providing that no amendment, transposition or deletion of any entry in the list of voters for a division shall be made and no direction for the inclusion of any name in such list of voters shall be given after the last date for making nominations for an election in the division. But the scheme of the Act and particularly Sections 14 and 15 make it clear that it is one list of voters for each division that is contemplated to be in force during the entire process of election. The list of voters is to be prepared for the election and “election” means the entire process consisting of several stages and embracing several steps by which an elected member is returned, whether or not it is found necessary to take a poll. Vide N.P. Ponnuswami v. Returning Officer, - 20 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 Namakkal Constituency [1952 SCR 218]. The list of voters must, therefore, a fortiori remain the same throughout the process of election. There cannot be one list of voters for determining the eligibility to stand as a candidate and another for determining the eligibility to vote, at the same election. That would not only be irrational, but would also introduce confusion and uncertainty in the election process. Candidates would not know at the time when they file their nominations as to what is the strength and composition of the electorate in the division in which they are contesting the election. They would also be handicapped in canvassing for votes. It would indeed be a strange and anomalous position if there were two or more different lists of voters at different stages of the same election. Sub-section (1) of Section 14 does not contemplate a list of voters which keeps on changing from time to time during the election process. It deems the electoral roll for the territorial area of the division in force at the relevant time to be the list of voters for the division “for the purpose of the Act”, that is for the purpose of election which is the whole process culminating in a candidate being declared elected and not merely polling. The same list of voters is, therefore, to prevail for all stages in the election. This we find emphasised also in sub-section (3) of Section 14 which enacts that every person whose name is in the list of voters referred to in sub-section (1) shall be qualified to vote at the election of a member for the division to which such list pertains. Sub-section (2) of Section 15 also points in the same direction. It says that - 21 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 “the list of voters shall be conclusive evidence for the purpose of determining under this section whether the person is qualified or is not qualified to vote or is qualified or is not qualified to be elected as the case may be, at an election”. The reference here, as a matter of plain grammar, is indisputably to the same list of voters which is to be conclusive evidence for both purposes. It is, therefore, clear, on a proper interpretation of the provision of the Act, that the Legislature did not intend that the list of voters should change from time to time during the process of election and the relevant electoral roll for the purpose of preparation of the list of voters must consequently be taken to be the electoral roll in force at the date when the election process commenced, that is, the date when the calendar of events was published. The same view was taken by a Division Bench of the Mysore High Court in Shivappa Chanamallappa Jogendra v. Basavannappa Gadlappa Sankar [(1965)2 Mys LJ 289]. We are in agreement with that view. The poll in the present case must, therefore, be taken on the basis of the list of voters for each division prepared with reference to the electoral roll in force on December 7, 1974, that being the date on which the calendar of events was published by the Returning Officer." Based on the aforementioned judgments, it is prayed that the writ petition be allowed. - 22 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 11. Per contra, learned Advocate General supported by learned Senior Counsel appearing for respondent nos.8 to 15 together submit that Gunjahalli Nagappa's case (supra) does not apply to the facts of the present case. It is submitted that the aforementioned ruling pertains to the Municipalities and not a Co-operative Society. It is further contended that in an election to a Ward in a Municipality, people often change their residence and such changes may continue even until the date of polling and that cannot be a ground for changing the electoral rolls and the same is not feasible also. For the said reason, this Court as well as the Hon'ble Apex Court came to the conclusion that once the electoral rolls are finalized, the question of altering the same does not arise. 12. It is contended that in the instant case, the matter pertains to an election being conducted to a Secondary Co-operative Society where the situation is entirely different, as the number of electorates are very limited and only the delegates of the Primary Society, which are affiliated to the Secondary Society are permitted to cast their vote and in the instant case, there have been only 21 voters. It is further - 23 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 submitted that by operation of law, the petitioner is not entitled to vote in the election being conducted to respondent no.6- Society. Reliance is placed on Sections 31(1) and (3); 20(2)(b)(i); 21(2)(a); Explanation to Section 21 and Section 18-B(iii) of the Act. 13. The aforementioned provisions reads as under: "31. Appointment of Special Officer by the Registrar.-(1) Where the Registrar is of the opinion that a co-operative society is not functioning in accordance with the provisions of the Act, rules or bye-laws on account of the number of members of the board falling short of the required number to form a quorum due to disqualification, resignation or death or removal of a member, the Registrar may, notwithstanding anything contained in this Act, rules or bye-laws, by order appoint a Special Officer for such co-operative society, for such period not exceeding six months. The Registrar may, for the reasons to be recorded in writing extend the period of such appointment for a further period of six months at a time, and in any case such extension shall not exceed one year in the aggregate: (3) On the issue of the order under sub-section (1).— (a) the members of the board of the co- operative society, if any, shall vacate and shall be deemed to have vacated their offices; and - 24 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 (b) the Special Officer shall be deemed to have assumed charge of the affairs of the co- operative society." 20. Votes of members.-(1) x x x (2) The following shall not have the right to vote at a general meeting or an election of the members of the board of the co-operative society in which they are members, namely.- (a) xxx (a-i) xxx (a-ii) xxx (a-iii) xxx (a-iv) xxx (a-v) xxx (b) a co-operative society.- (i) the board of which stands superseded or to which a special officer is appointed under section 31 of the Act." 21. Manner of exercising vote.- (1) xxx (2) Notwithstanding anything contained in sub- section (1).— - 25 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 (a) the board of a Co-operative society which is a member of another Co-operative society may appoint one of the members of the board to vote on its behalf in the affairs of that other society: Provided that where a new board has been elected to a co-operative society, such newly elected board shall send a delegate or nominee to any other co-operative society where it is a member. Explanation.- For the purposes of section 20 and this section and wherever else it occurs, the word 'delegate‘ means a member of a co-operative society to represent that society in other co-operative societies. 18-B. Cessation of directorship.-A Director of a secondary Co-operative Society or a Federal Society or an Apex Society who is a representative of another co-operative society shall cease to be a director of such co-operative society forthwith if.- (i) xxx (ii) xxx (iii) the board of the Co-operative Society of which he is a member has been removed under section 30, or a special officer appointed under section 31;" 14. Based on the aforementioned provisions, it is submitted that the right to vote in an election to a Co-operative Society is - 26 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 not a fundamental right but merely a statutory right. It is also submitted that if there is a conflict between the Rules and the main Act, the Act prevails over the Rules. It is also contended that Rule 13-D of the Rules does not contemplate a situation where the delegate of a Primary Society has incurred disqualification after the calendar of events is announced and after the final voters list is published for an election to be conducted to a Secondary Society. For that purpose, it is submitted that one has to place reliance upon the aforementioned Sections of the Act and not Rule 13-D of the Rules. Reliance is also placed upon a decision of the Division Bench of this Court in the case of Sri H.S.Mohan Reddy vs. The State of Kar., Dept. of Co-op., & Ors. reported in ILR 2022 KAR 3543 wherein at paragraphs 61 and 63, it has been held as under: "61. If the law also envisages that despite being elected, if an elected member were to incur any disqualification, which could either be prior to his election or after his election, such a person by operation of law would not be permitted to continue as its Director. Thus, if the right to continue as a member of a Managing Committee is subject to the fulfillment of certain statutorily prescribed requirements, it cannot be - 27 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 considered an absolute right. To put it differently, a right to continue in office after being elected is not an absolute right and is governed by the statutory provisions and can also be circumscribed by restrictions or qualifications. 62. xxxxxxxxxxxxxxxxxxxxxxxx 63. It has to be kept in mind that the disqualification incurred could be either prior to or after the election. If the disqualification has been incurred prior to the election and even if he has been voted with a thumping majority, he would still lose that elected post be-cause of the lack of prescribed qualification. The provisions relating to disqualification are primarily enacted to ensure autonomous functioning, democratic control and most importantly, the professional management of a Co-operative Society are achieved." 15. Based on the aforementioned provisions and the decision of this Court, it is submitted that once the Board of Directors of a Primary Society is dissolved, then, in that event, the delegate of that Society will have no right to act as one. It is submitted that a separate order disqualifying him to cast his vote in the election being conducted to respondent no.6-Society is not warranted under the circumstances. - 28 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 16. Based on the aforementioned provisions, it is contended that a member of a Primary Society can be a delegate of that Society. However, he gets a right to vote or contest in the elections to a Secondary Society only as a representative of the Board of the Primary Society and for that purpose, the Board must be in existence. If the same is superseded, though the person happens to be a delegate of the Primary Society, he cannot vote. On the said ground, it is prayed that the writ petition be dismissed. 17. A perusal of Section 2(e-1-a) of the Act shows that the petitioner herein is a delegate of respondent No.7-Society. He is a valid delegate. However, Section 2 of the Act, which is a definition Section, begins with the words "In this Act, unless the context otherwise requires". Hence, the term 'delegate' has to be understood in the context of the intention of the Legislature expressed in the other provisions of the Act. 18. Section 20(2)(b)(i) of the Act prohibits a delegate of a Primary Co-operative Society from casting his vote in the election to the Board of a Secondary Society, if the Board of the Primary Society stands superseded or to which a Special - 29 - HC-KAR CNR: KAHC010513182026 NC: 2026:KHC:39564 WP No. 22925 of 2026 Officer is appointed under Section 31 of the Act, which has happened in the instant case in respect of respondent No.7- Society. 19. Thus, under the given facts and circumstances of the case, the petitioner no doubt is a delegate of respondent No.7- Primary Society, but he is not entitled to vote in the election to the Board of respondent No.6-Secondary Society. 20. For the aforementioned reasons, the writ petition is hereby dismissed. In view of dismissal of the petition, pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 65