- 1 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100469 OF 2026 (CS-EL/M) BETWEEN: 1. SRI SANGAPPA SHIVAPPA JIVOJI SHARE NO. 12, AGE: 85 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 2. SRI NINGAPPA FAKIRAPPA UGNIKERI (NIBANNAVAR), SHARE NO: 121, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: SANAGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 3. SRI NAGAPPA SANGAPPA MUDENNAVAR, SHARE NO: 161, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 4. SRI SANGAPPA CHENAPPA KANTEPANNAVAR, SHARE NO: 167, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 5. SRI RUDRAYYA SHANTAVVA HOSMATH, SHARE NO: 183, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 6. SRI SANGAPPA HANUMANTHAPPA KATTIMANI, SHARE NO: 184, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 7. SRI NAGAPPA NINGAPPA BETGERI, SHARE NO: 216, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 8. SRI NINGAPPA BHIMAPPA MUMMIGATTI, SHARE NO: 168, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 9. SRI NAGAPPA KALLAPPA KURUBAR, SHARE NO: 176, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: SANGEDEVARAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. 10. SRI NINGAPPA MALLAPPA KUBYAL, SHARE NO: 59, AGE: 82 YEARS, OCC: AGRICULTURE, R/O: MADIKIHONNALLI, TQ: KALAGHATAGI, DIST: DHARWAD. - 3 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 11. SRI HANUMANTHAPPA CHENMALLAPPA MARALINGAPPANNAVAR, SHARE NO: 137, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: MADKIHONNALLI, TQ: KALAGHATAGI, DIST: DHARWAD. 12. SRI MALLESHAPPA KALLAPPA MUDEKNNAVAR, SHARE NO: 79, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: MADKIHONNALLI, TQ: KALAGHATAGI, DIST: DHARWAD. …PETITIONERS (BY SRI. SANTOSH KUMAR B.MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, DEPT. OF CO-OPERATION, VIKAS SOUDHA, BENGALURU-580001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, DHARWAD DISTRICT-580001. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, DHARWAD DISTRICT-580001. 4. THE RETURNING OFFICER, PRATHAMIKA KRUSHI PATTINA SAHAKAR SANGHA MADAKIHONNALLI, TQ: KALAGHATAGI, DIST: DHARWAD AND CO-OPERATIVE DEVELOPMENT OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, DHARWAD DISTRICT-581204. - 4 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 5. THE CHIEF EXECUTIVE OFFICER, PRATHAMIKA KRUSHI PATTINA SAHAKAR SANGHA MADAKIHONNALLI, TQ: KALAGHATAGI, DIST: DHARWAD-581204. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R3; SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R4; SRI. VIJAYA KUMAR BALAGERIMATH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE INELIGIBLE VOTER LIST DATED 04.12.2025 BEARING NUMBER RZ./ELECTION/RIANE/IM/K/CR 213/2025-26 ISSUED BY RESPONDENT NO. 3 VIDE ANNEXURE B, 2. GRANT ANY OTHER RELIEF, WHICH THIS HON’BLE COURT MAY FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 ORAL ORDER Petitioners are seeking a direction t o t h e respondents to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the election to be conducted to the respondent No.5-Society, which was scheduled to be held on 24.01.2026. 2. This Court, by way of interim arrangement on 23.01.2026, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 24.01.2026 for the Managing Committee of respondent No.5-Society subject to the final outcome of this writ petition. 3. The challenge in this writ petition is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 4. The case of the petitioners is that the petitioners are active members and taking part in the activities of the society by participating in annual general meetings whenever they have - 6 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 received notice from respondent No.5-Society, in spite of which respondent No.5-Society has deleted the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5- Society. 5. The Co-Ordinate Bench of this Court in the case of Sri. B.S.Rangaswamy and others v. The State of Karnataka and others1 considered the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short) and observed as follows: “9. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India to challenge the electoral 1 W.P.No.1920/2025 (D.D.01.02.2025) - 7 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 roll, the petitioners have not made out any exceptional case in this petition to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petition needs to be disposed of in similar terms” 6. In the light of the above, this Court is passing the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 24.01.2026 for the Managing Committee of the respondent No.5-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section - 8 - HC-KAR NC: 2026:KHC-D:2221 WP No. 100469 of 2026 70 of the KCS Act, 1959 shall examine all questions including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.5- Society. iv. All contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition is disposed of. vii. All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 52