Karnataka High Court
Smt. Ganachari Vijaya Ashok vs The Principal Secretary on 3 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:17201
WP No. 107580 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107580 OF 2025 (CS-EL/M)
BETWEEN:
1. SMT. GANACHARI VIJAYA ASHOK
AGE: 63 YEARS, OCC: MEMBER,
R/O. PLOT NO.48, SANGAMESHWAR NAGAR,
BELAGAVI -590010
VOTERS LIST: SL. NO.4,
2. SMT. KATTIMANI SANGUTAI YALLAPPA
AGE: 69 YEARS, OCC: MEMBER,
R/O. PLOT NO. 29, SANGAMESHWAR NAGAR,
BELAGAVI-590010.
VOTERS LIST: SL NO.8,
3. SHRI. TARANALLI ASHOK DUNDAPPA
AGE: 70 YEARS, OCC: MEMBER,
R/O.PLOT NO. 26, SANGAMESHWAR NAGAR,
BELAGAVI-590010
VOTERS LIST: SL.NO.9,
VISHAL 4. SMT. SUVARNA ANNAPPA SHEDBAL
NINGAPPA AGE: 57 YEARS, OCC: MEMBER,
PATTIHAL
R/O: PLOT NO.98, SANGAMESHWAR NAGAR,
Digitally signed by
VISHAL NINGAPPA BELAGAVI-590010.
PATTIHAL
Location: High
Court of Karnataka
VOTERS LIST: SL.NO.25,
Dharwad Bench
5. SHRI. SHIVKUMAR RATNAKAR SANGOLLI
AGE: 63 YEARS, OCC: MEMBER,
R/O.: PLOT NO. 34, CTS NO -1676,
SANGAMESHWAR NAGAR, BELAGAVI.
VOTERS LIST: SL. NO. 28,
6. SHRI. GIRISH SHIVASHANAKAR KATTISHETTI
AGE: 61 YEARS, OCC: MEMBER,
R/O: PLOT NO.50, SANGAMESHWAR NAGAR,
BELAGAVI-590010
VOTERS LIST: SL. NO.29,
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7. SMT. CHANDRALEKHA ANNAPPA SHEDBAL
AGE: 60 YEARS, OCC: MEMBER,
R/O: PLOT NO. 98, SANGAMESHWAR NAGAR,
BELAGAVI-590010
VOTERS LIST: SL. NO.37,
8. SMT. JAYASHREE MALLIKARJUN PUJAR,
AGE: 57 YEARS, OCC: MEMBER,
R/O: BELLAD BAGEWADI, TALUK: HUKKERI
DIST: BELAGAVI.
VOTERS LIST: SL. NO. 40,
9. SHRI. MUDDAPUR GURUPADAPPA ISHWARAPPA,
AGE :67 YEARS, OCC: MEMBER,
R/O: TANAJI GALLI, BELAGAVI
VOTERS LIST: SL.NO.41,
10. SHRI.BASAVARAJ VEERAPPA HAGARGI,
AGE: 70 YEARS, OCC: MEMBER,
R/O: BASAVESHWAR NAGAR, BELAGAVI
VOTERS LIST: SL.NO. 42,
11. SHRI.SATISH GURUPADDAYYA MATH,
AGE: 54 YEARS, OCC: MEMBER,
R/O: BASAVESHWAR NAGAR, BELAGAVI.
VOTERS LIST: SL NO: 47,
12. SHRI. DEEPAK S/O. ANAPPA
AGE: 52 YEARS, OCC: MEMBER
R/O: PLOT NO. 47
SANGAMESHWAR NAGAR,
BELAGAVI-590010.
...PETITIONERS
(BY SRI. PRANAV S. KATAGERI, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION,
STATE OF KARNATAKA, 6TH FLOOR,
M. S. BUILDING,
BENGALURU.
PIN CODE:560052
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WP No. 107580 of 2025
HC-KAR
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.1 ALI ASKER ROAD,
BENGALURU - 560 052
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. 'A' BLOCK, SHANTHI NAGAR,
BENGALURU,
REPRESENTED BY ITS COMMISSIONER.
PIN CODE: 560027.
4. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES, BELAGAVI,
TALUKA: BELAGAVI, DIST: BELAGAVI.
PIN CODE: 590006.
5. THE RETURNING OFFICER,
THE MODEL CO-OP. HOUSING SOCIETY LTD.
SANGAMESHWAR NAGAR, DIST: BELAGAVI
PIN CODe:590010
6.THE CHAIRMAN
THE MODEL CO-OP. HOUSING SOCIETY LTD
SANGAMESHWAR NAGAR, DIST: BELAGAVI
PIN CODE-590010.
...RESPONDENTS
(BY SMT. NANDINI SOMAPUR, AGA FOR R1, R2, R4;
SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R3 AND R5;
SRI. PRASHANT F. GOU8DAR, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
I. ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR
DIRECTION, QUASHING THE IMPUGNED FINAL INELIGIBLE
VOTERS LIST DATED. 05.10.2025 PUBLISHED BY THE
RESPONDENTS NO. 4 AND 5 AS PER ANNEXURE-L1 WITH
RESPECT TO THE PETITIONERS.
II. ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR
DIRECTION, DIRECTING THE RESPONDENTS NO.4 AND 5 TO
TREAT THE PETITIONERS AS THE ELIGIBLE VOTERS AND
ACCORDINGLY TO INCLUDE THEIR NAMES IN LIST OF FINAL
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WP No. 107580 of 2025
HC-KAR
ELIGIBLE VOTERS LIST DATED. 05.10.2025 PRODUCED AT
ANNEXURE-L.
III. ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HON BLE
COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows:
"8. In the light of these rival submissions, the question for consideration is:
Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.
9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder:
(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:--5-
NC: 2025:KHC-D:17201 WP No. 107580 of 2025 HC-KAR
(a) for publication of draft eligible electoral list, a list of defaulters, 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 ate of election.
(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.
The underlining is by this Court.
10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated 8.11.20211 does not meet these requirements. In fact, it 1 This Public Notice reads as follows:
¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï-16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÄÀ ¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ.
ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÄÀ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ ¸ÀAWÀPÌÉ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À -6- NC: 2025:KHC-D:17201 WP No. 107580 of 2025 HC-KAR is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices.
11. The Hon'ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows:
'7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society.
12. In view of our finding that preparation of the electoral roll is being an intermediate stage C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ.
vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ.
-7-NC: 2025:KHC-D:17201 WP No. 107580 of 2025 HC-KAR in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal.
12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act2. However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co-
270. Disputes which may be referred to Registrar for decision.-
(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,--
(a) xxxxxxxxx (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:--
(a). XXXXXXXXXXX
(b). XXXXXXXXXXXXX
(c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society.-8-
NC: 2025:KHC-D:17201 WP No. 107580 of 2025 HC-KAR operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record.
Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced."
2. Learned counsel would submit that, if the same order is passed, it would suffice in this case also.
3. In that light, the writ petition is disposed calling upon the respondent - Returning Officer to announce the result forthwith including the votes cast by the petitioners. All the contentions are left open for consideration in appropriate proceedings, if commenced.
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4. The learned counsel for the petitioner would vehemently contend that there is violation of Section 13D of the Act as notices are admittedly not served upon these petitioners.
It is needless to observe that the same ground can be urged before the authority while calling in question the elections that are held. As the elections are now over, counting is over, what remains is declaration of results.
5. In the light of the said circumstances, the results are directed to be declared and the petitioners are now at liberty to avail of such remedy as available in law as is directed by the Co-
ordinate Bench quoted supra.
6. All other contentions shall remain open to be urged before the appropriate authority.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 0