Karnataka High Court
Mallesh Ramappa Waddar vs The Laxmeshwar Primary Co-Operative on 5 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15067
WP No. 107365 of 2024
C/W WP No. 107595 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107365 OF 2024 (CS-EL/M)
C/W
WRIT PETITION NO. 107595 OF 2024
IN W.PNO.107365/2024:
BETWEEN:
1. MALLESH RAMAPPA WADDAR
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
2. MARIYAMMA MALLANAGOUDA PATIL
AGE: 47 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
3. SAHADEVAPPA BASAPPA TALAWAR
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESAHWAR, DIST: GADAG.
VISHAL
NINGAPPA
PATTIHAL
4. MALLAPPA SHIVAPPA KURI
Digitally signed by VISHAL
NINGAPPA PATTIHAL
AGE: 42 YEARS, OCC: AGRICULTURE
Location: High Court of
Karnataka Dharwad Bench
Date: 2025.11.07 11:53:48
+0530
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR,
DIST: GADAG.
5. NAGAPPA SHIVAPPA KURI
AGE: 52 YEARS, OCC: AGRICULTURE
TALUKA: LAXMESHWAR, DIST: GADAG
6. BHIMAPPA SHIVAPPA KURI
AGE: 47 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG
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7. PARASAPPA SHIVAPPA KURI
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
8. MANJAPPA SHIVAPPA KURI
AGE: 58 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
9. HANAMANTHAPPA LAXMAN WADDAR
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG
10. SIDDAPPA LAXMAN WADDAR
AGE: 47 YEARS, OCC: AGRICULTURE
R/O:NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG
11. SHETTEPPA @ THIMMAPPA LAXMAN WADDAR
AGE: 58 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
12. MANJUNATH HONNAPPA WADDAR
AGE: 57 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
13. HANAMANTHAPPA HONNAPPA WADDAR
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
14. SIDDAPPA RAMAPPA WADDAR
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
15. HANMANTHAPPA RAMAPPA WADDAR
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
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HC-KAR
TALUKA: LAXMESHWAR, DIST: GADAG
16. MAHANTESH RAMAPPA WADDAR
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
17. ANAND NEELAKANTHAPPA CHOTAGAL
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG
18. MAHANTESH NEELAKANTHAPPA CHOTAGAL
AGE: 57 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
19. PRABHU S/O HANAMANTHAPPA BHATAGURKI
AGE: 55 YEARS, OCC: AGRICULTIRE
R/O: BADNI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
20. VENKATESH KESHAPPA LAMANI
AGE: 52 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG
21. FAKEERAYYA BASAYYA HIREMATH
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG
22. MALLANAGOUDA BUDDIVANTGOUDA PATIL
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
23. CHANDRU KESHAPPA LAMANI
AGE: 42 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
24. BASAPPA SHIVAPPA KURI
AGE: 57 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
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C/W WP No. 107595 of 2024
HC-KAR
TALUKA: LAXMESHWAR, DIST: GADAG.
25. GURAKKA GURAPPA WADDAR
AGE: 58 YEARS, OCC: AGRICULTURE
R/O: NADIGATTI, ADARALLI POST-582116,
TALUKA: LAXMESHWAR, DIST: GADAG.
...PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. THE LAXMESHWAR PRIMARY CO-OPERATIVE
& RURAL DEVELOPMENT BANK, LTD.,
LAXMESHWAR, DIST: GADAG,
REPRESENTED BY ITS PRESIDENT-582101.
2. THE LAXMESHWAR PRIMARY CO-OPERATIVE
& RURAL DEVELOPMENT BANK, LTD.,
LAXMESHWAR, DIST: GADAG,
REPRESENTED BY ITS MANAGER-582101.
3. THE RETURNING OFFICER
THE LAXMESHWAR PRIMARY CO-OPERATIVE
& RURAL DEVELOPMENT BANK, LTD.,
LAXMESHWAR, DIST: GADAG-582101.
4. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
THE DEPT. OF CO-OPERATION,
M.S. BUILDING, BENGALURU-560001.
5. THE STATE CO-OPERATIVE
ELECTION COMMISSION,
III FLOOR, 'A' BLOCK, TTMC BUILDING
SHANTINAGAR, BENGALURU-560027.
REPRESENTED BY ITS ELECTION COMMISSIONER.
6. ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, BELAGAVI-590001.
...RESPONDENTS
(BY SRI.GIRISH V. BHAT, ADVOCATE FOR R1, R2, R5 AND R6;
SRI. RAMESH CHIGARI, AGA FOR R4 AND R6;
SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R6)
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WP No. 107365 of 2024
C/W WP No. 107595 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO:
I) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND
QUASH THE LIST OF IN ELIGIBLE MEMBERS BEARING NO.
eÉDgïJ¯ï/JPïë DgÉÆ/¸ÁZÀÄ/vÁvÁÌ°PÀ C¥À5/26/2024-25
DTD. 19/10/24 PRODUCED AT ANNEXURE-C ISSUED BY
THE 3RD RESPONDENT AS ILLEGAL AND ARBITRARY IN
THE INTEREST OF JUSTICE AND EQUITY.
II) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION
DIRECTING THE RESPONDENTS TO CONDUCT ELECTION
OF THE 1ST RESPONDENT BANK IN AFTER FOLLOWING
DUE PROCESS OF LAW IN THE INTEREST OF JUSTICE
AND EQUITY.
IN W.P.No.107595/2024:
BETWEEN:
SATISHGOUDA PATIL
S/O. SHANKARGOUDA PATIL
AGE: 46, OCC: AGRICULTURE,
R/O: P.BADNI, LAKSHMESHWAR,
DIST: GADAG-562116
...PETITIONER
(BY SRI. RANJITA G. ALAGAWADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY IT'S SECRETARY,
DEPT. OF CO-OPERATION,
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WP No. 107365 of 2024
C/W WP No. 107595 of 2024
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M.S.BUILDING,
BENGALURU-01.
2. DISTRICT ELECTION OFFICER AND
THE DEPUTY REGISTRAR OF CO-OP
SOCIETIES OF SUB-DIVISION PRIMARY
CO-OP SOCIETY, GADAG-582101.
3. RETURNING OFFICER AND
ASSISTANT REGISTRAR
CO-OPERATIVE SOCIETY
PANCHAL NAGAR, KALASAPUR
GADAG-582101.
4. THE SECRETARY
THE LAKSHMESHWAR PRIMARY CO-OPERATIVE
AND RURAL DEVELOPMENT BANK LTD
GADAG 582101.
5. MARIYAMMA W/O. MALLANAGOUDA PATIL,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. NADIGATTI, ADRALLI,
LAKSHMESHWAR-582116.
...RESPONDENTS
(BY SRI.RAMESH CHIGARI, AGA FOR R1 TO R3;
SRI. GIRISH V. BHAT, ADVOCATE FOR R4;
SRI. M.L.VANTI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT OF CERTIORARI BY QUASHING THE
ENDORSEMENT ISSUED BY THE 3RD RESPONDENT VIDE
ANNEXURE-D DTD. 12/12/2024.
B) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RETURNING OFFICER TO NOT TO ACT UPON THE
NOMINATION GIVEN BY THE 5TH RESPONDENT, AND
NOT TO ALLOW HER TO CONTEST IN THE ELECTION
WHICH ARE GOING TO BE HELD ON 15/12/2024.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2025:KHC-D:15067
WP No. 107365 of 2024
C/W WP No. 107595 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Petitioners are before this Court seeking the following prayers.
IN W.P. NO.107365/2024i) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the list of in eligible members bearing No.eÉDgïJ¯ï/JPïë DgÉÆ/¸ÁZÀÄ/vÁvÁÌ°PÀ C¥À5/26/2024-25 dtd. 19/10/24 produced at Annexure-C issued by the 3rd respondent as illegal and arbitrary in the interest of justice and equity.
ii) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to conduct election of the 1st respondent Bank in after following due process of law in the interest of justice and equity.
IN W.P. No.107595/2024i) Issue a writ of certiorari by quashing the endorsement issued by the 3rd respondent vide Annexure-D dtd. 12/12/2024.
ii) Issue a writ of mandamus directing the Returning officer to not to act upon the nomination given by the 5th respondent, and not to allow her to contest in the election which are going to be held on 15/12/2024."
2. Going to the prayer sought by the petitioners, this Court had granted an interim order in each of these cases which read as follows:
"In W.P. No.107365/2024:-8-
NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR
1. Learned AGA takes notice for respondents 4 and 6.
2. Learned counsel Sri. G. V. Bharamagoudar takes notice for respondent No.3.
3. Issue emergent notice to respondents 1 and 2 showing the returnable dated as 15.12.2024.
4. Requisite process fee in three days.
5. The learned counsel for the petitioners submits that out of a total number of 79 members, 74 members have been shown as ineligible (as is forthcoming from Annexure-D to the writ petition). It is further stated that the said Annexure-D discloses that the eligible members are only five in number.
6. It is the contention of the learned counsel for the petitioners that no notices have been issued to the petitioners as contemplated under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 and hence, the learned counsel for the petitioners seeks for grant of interim relief.
7. Learned counsel for the petitioners further relies on the judgment of a Co-ordinate Bench of this Court in the case of J. Sudhakar S/o. J.V.Rao and others v. The state of Karnataka and others as well as the judgment rendered by another Co-ordinate Bench of this Court in the case of Smt. Jayamma W/o.
Ramaiah and others v. The State of Karnataka and others.
8. Having regard to the submission made by the learned counsel for petitioners it is clear that, prima facie, subject to the records that shall be made available after appearance of the respondents, the election process that is being undertaken to respondent No.2-Society pursuant to the calendar of events (Annexure-B to the writ petition) would not be a fair one and will be contrary to the democratic norms in the event the petitioners are not permitted to participate in the election. Hence, the petitioners have made out exceptional -9- NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR circumstances for grant of interim relief in terms of the law laid down by this Court in the case of Sri B. Ganganna and Others vs. The State of Karnataka, Department of Co-operation and Others.
9. In view of the aforementioned, the following:
ORDER
i) The petitioners are permitted to cast their votes in the election scheduled to be held on 15.12.2024 to the respondent Nos.1 and 2-Society in terms of the calendar of events (Annexure-B to the writ petition).
ii) The votes cast by the petitioners shall be kept in a
separate ballet box.
iii) The results of the election pursuant to the calendar of events (Annexure-B) shall not be announced without the leave of this Court.
iv) A direction is issued to respondent Nos.1 and .2-
Society to place the relevant records demonstrating compliance of Rule 13-D(2-A) of the 1960 Rules undertaken at the time of commencement of election process.
v) Re-list on 16.12.2024."
In W.P. No.107595/2024:
Learned AGA takes notice for respondent Nos.1, 2, and 3.
2. Issue emergent notice to respondent Nos.4 and 5.
3. Requisite process fee to be furnished within three days.
4. Learned counsel the petitioners seeks for grant of interim relief and submits that respondent No.5 was respondent No.2 in the WP No.107365/2024 and this Court vide interim order dated 06.12.2024 has permitted the petitioners to cast their votes in the
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NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR elections to respondent No.4/Society scheduled to be held on 15.12.2024. It is further submitted that pursuant to the said interim order dated 06.12.2024 granted in W.P No.107365/2024, petitioner No.2 therein who is respondent No.5 in the present writ petition has filed a nomination to contest the elections. That the petitioner herein, vide objections dated 12.12.2024 (Annexure-C to the writ petition) has objected to the same which has been erroneously rejected vide endorsement dated 12.12.2024 issued by the respondent No.3 (Annexure-D to the writ petition)
5. It is further contended that respondent No.3 has permitted respondent No.5 herein to contest solely on the basis of the interim order dated 06.12.2024 passed in W.P.No.107365/2024.
6. In view of the aforementioned, interim relief as prayed is granted till next date of hearing.
7. Liberty is reserved to the respondents to seek for modification/variation of this order.
8. Call along with W.P.No.107365/2024."
3. The interim order was restricted to voting rights of these petitioners. Now the elections are over and what is necessary is counting of those votes. In identical circumstances, when voting rights were granted, the Co-ordinate Benches of this Court have been consistent in their view, which has been followed by this Court, that the parties to be relegated.
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4. The learned counsel Sri. M.L. Vanti appearing for the petitioner seeks to contend that there is no elections held and there is a communication from the respondent No.2.
5. Per contra, another communication is placed on record which observes that the elections are indeed held and in the light of the interim order granted, no further proceedings are taken.
6. In that light, all these would be a question of fact or to be thrashed out by evidence. In that light, the orders that are generally passed by the Co-ordinate Benches of this Court and this Court with regard to the liberty being reserved to these petitioners to raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, keeping all the contentions open. The Co-ordinate Bench has held as follows:
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
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NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR 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:-
(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 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, ªÀÄAqÀågÀªÀgÀÄ ¨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.
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NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR fact, it 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 in the process of 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.90.00UÀ¼ÀÄ ¸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 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.
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NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR 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 2 70(2) of the Co-operative Societies Act . 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-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 2
70. 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.
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NC: 2025:KHC-D:15067 WP No. 107365 of 2024 C/W WP No. 107595 of 2024 HC-KAR 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."
In that light, leaving open all the contentions, the petitions stand disposed.
It is needless to observe that since the issue pertains to elections, the ARCS shall expeditiously dispose the matter in terms of the mandate of the statute.
Sd/-
(M.NAGAPRASANNA) JUDGE RSH CT:ANB List No.: 1 Sl No.: 6