[Cites 5, Cited by 0]
Karnataka High Court
Vivedodeshagala Prathamika Grameena ... vs The State Of Karnataka on 1 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:15164
WP No. 107760 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107760 OF 2025 (CS-EL/M)
BETWEEN:
1. VIVEDODESHAGALA PRATHAMIKA
GRAMEENA KRISHI
SAHAKARA SANGHA NIYAMITA,
GOTEGALI-BALIN, KARWAR,
BY ITS CHIEF EXECUTIVE OFFICER,
SANJEEV VENKATRAY GOVEKAR.
2. PRAKASH S/O. BABUL TAMSE,
AGE: 56 YEARS,
OCC. PRESIDENT AND DELEGATE OF
1ST PETITIONER SOCIETY,
R/O: VAIRE VILLAGE.
TQ AND DIST: UTTARA KANNADA - 581 354.
...PETITIONERS
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
AND:
Digitally signed by
RAKESH S 1. THE STATE OF KARNATAKA,
HARIHAR
Location: High
REP. BY ITS PRINCIPAL SECRETARY,
Court of Karnataka,
Dharwad Bench,
DEPARTMENT OF CO-OPERATION,
Dharwad M.S.BUILDING, BANGALORE - 560 006.
2. THE STATE CO-OPERATIVE
ELECTION AUTHORITY,
3RD FLOOR, SHANTI NAGAR,
TTMC A BLOCK, K.H.ROAD, SHANTI NAGAR,
BENGALRUU - 560 027,
BY ITS COMMISSIONER.
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
AND INSPECTION OFFICER KDCC BANK,
-2-
NC: 2025:KHC-D:15164
WP No. 107760 of 2025
HC-KAR
SIRSI, DIST: UTTARA KANNADA - 581 401.
4. THE RETURNING OFFICER,
AND DEPUTY COMMISSIONER,
OF KDCC BANK,
TQ. SIRSI, DIST. UTTARA KANNADA - 581 401.
5. THE MANAGING DIRECTOR
KDCC BANK LTD.,
DIST. UTTARA KANNADA - 581 129.
6. SHRI. KAMALAKANT S/O. NAGESH NAIK,
AGE: 76 YEARS, OCC: DIRECTOR THE
MULTIPURPOSE PRIMARY RURAL
KRUSHI PATTINA SAHAKARI SANG
R/O: GOTEGALI, TQ: KARWAR,
DIST: UTTARA KANNADA.
7. DEVADAS S/O. LAXMAN LOLEKAR,
AGE: 61 YEARS, OCC: DIRECTOR THE
MULTIPURPOSE PRIMARY RURAL
KRUSHI PATTINA SAHAKARI SANG
R/O: GOTEGALI, TQ: KARWAR,
DIST: UTTARA KANNADA.
8. SHRI ANIL S/O. NARAYAN BHAVANKAR
AGE: 61 YEARS, OCC: DIRECTOR
THE MULTIPURPOSE PRIMARY RURAL
KRUSHI PATTINA SAHAKARI SANGA GOTAGALI
R/O: MARATHWAD BHAIRE, TQ: KARWAR.
...RESPONDENTS
(BY SMT. NANDINI SOMPAUR, AGA FOR R1, R3 & R4;
SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2;
SRI. VISHWANATH HEGDE, ADVOCATE FOR R5;
SRI. VENKATESH M. KHARVI, ADVOCATE FOR R6, R7 & R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE IMPUGNED
ENDORSEMENT DATED NIL ISSUED BY RESPONDENT NO. 3 TO 5
VIDE ANNEXURE-B INSOFAR PETITIONER NO. 1 SOCIETY AT
SL.NO. 2 MEMBERSHIP NO. 513 AND ETC.,
-3-
NC: 2025:KHC-D:15164
WP No. 107760 of 2025
HC-KAR
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. The petitioner is before this Court seeking the
following reliefs:
A. A writ in the nature of Certiorari quashing the
impugned endorsement dated nil issued by
Respondent no. 3 to 5 vide Annexure-B insofar
Petitioner No. 1 Society at Sl.No. 2 Membership No.
513.
B. Pass such other orders as this Hon'ble Court deems
fit in the facts and circumstances of the case,
including costs, sin the interest of justice and
equity.
2. Heard the learned counsel Sri. Sadiq N. Goodwala
appearing for the petitioner, learned AGA Smt. Nandini Somapur
for respondent Nos.1, 3 and 4, learned counsels Sri. G.V.
Bharmagoudar for respondent No.2, Sri. A.P. Hegde for
respondent No.5 and Sri. Venkatesh M. Kharvi for respondent
No.6, 7 and 8.
3. The learned counsel Sri. Venkatesh M. Kharvi would
vehemently contend that the issue is with regard to there being
no resolution in terms of Section 21 of the Karnataka Co-
operative Societies Act and would submit that this issue is not
NC: 2025:KHC-D:15164
HC-KAR
covered and this Court has to answer notwithstanding the fact
that elections are over and the remedy lies before the ARCS.
4. The learned counsel Sri. Sadiq N. Goodwala would
submit that there is a resolution and the respondent has signed
it. This would come within the realm of disputed questions of
fact.
5. In that light, the submission of the counsel is
unacceptable, as the issue stands answered by the order
rendered by the Co-ordinate Bench quoted supra, following
which, I deem it appropriate to follow and dispose these
petitions, as is directed by the Co-ordinate Bench in W.P.
No.108033/2024 c/w W.P. No.108009/2024. The same reads as
under:
1. The petitioners are before this Court seeking for the
following reliefs:
A) Issue a Writ of Certiorari quashing the Loanee final
ineligible voters list issued by Respondent No.4 marked
at Annexure B in so far as petitioners no. 1 to 439 are
concerned in the election to the board of 6th respondent
society for the term 2024 to 2029.
b) Issue a writ of Certiorari quashing the non Loanee final
ineligible voters list issued by Respondent No.4 marked
at Annexure C in so far as Petitioners No. 440 to 469
are concerned in the election to the board of 6th
respondent Society for the term 2024 to 2029.
NC: 2025:KHC-D:15164
HC-KAR
c) Issue a writ of mandamus directing the respondents to
conduct the elections to the 6th respondent society for
the term 2024-2029 scheduled to be held on 5-1-2025,
permitting the petitioners to cast their vote and
participate in the election process in terms of Annexure
A dated 4-12-2024 issued by respondent no.5.
d) Pass such other orders as this Hon'ble Court deems fit in
the facts and circumstances of the case, including costs,
in the interest of justice and equity.
a) Issue a Writ of Certiorari quashing the final ineligible
voters list issued by respondent no.5 marked at
Annexure B in so far as petitioners are concerned in the
election to the board of 6th respondent society for the
term 2025 to 2030.
b) Issue a writ of mandamus directing the respondents to
conduct the elections to the 6 respondent society for the
term 2025-2030 scheduled to be held on 05.01.2025,
permitting the petitioners to cast their vote and
participate in the election process in terms of Annexure
A.
c) Pass such other orders as this Hon'ble court deems fit in
the facts and circumstances of the case, including costs,
in the interest of justice and equity.
2. This Court by way of various interim orders had
permitted the petitioners, who were declared to be
ineligible voters, to cast their vote in the elections
of the Society, subject to the result of the writ
petition and that the votes cast by the petitioners
shall be kept in separate ballot boxes.
3. A Coordinate Bench of this Court in the case of
H.S.Raju vs. State of Karnataka & others1 has
after considering the matter in detail had come to a
categorical conclusion that any irregularity in the
conduct of election, a petition under Article 226 of
the Constitution of India would not be the proper
remedy and any dispute as regards the eligibility or
ineligibility and the deficiencies in finalization of
W.P.No.8502/2022 dated 7.6.2022
NC: 2025:KHC-D:15164
HC-KAR
final electoral list, could only be considered in a
dispute raised as regards the election under Section
70 (2) of the Karnataka Co-operative Societies Act,
1959, after the announcement of the results by
counting even the votes cast by the petitioners.
4. The said judgment not having been challenged and
having attained finality, the fact being more or less
similar would equally apply to the present matters.
5. In that view of the matter, I pass the following:
ORDER
i) The Writ Petitions are disposed of.
ii) The Returning Officer in the above matters is
directed to announce the result within seven days
of the receipt of a copy of this order by taking into
account the vote cast by the petitioners in the
above matters.
iii) In the event of any proceeding being filed in
relation to the results of the election under Section
70 (2) of the Karnataka Co-operative Societies Act,
1959, all the contentions raised herein and any that
may be raised are left open for consideration in
accordance with the applicable law, this Court has
not expressed any opinion on those issues."
6. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court (supra),
I deem it appropriate to pass the following:
ORDER
i) The Writ Petition is disposed of.
ii) The Returning Officer in the above matter is
directed to announce the result within seven
days of the receipt of a copy of this order by
NC: 2025:KHC-D:15164
HC-KAR
taking into account the vote cast by the
petitioner in the above matter.
iii) In the event of any proceeding being filed in
relation to the results of the election under
Section 70(2) of the Karnataka Co-operative
Societies Act, 1959, all the contentions raised
herein and any that may be raised are left
open for consideration in accordance with the
applicable law, this Court has not expressed
any opinion on those issues.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RSH/CT-ASC
