[Cites 4, Cited by 0]
Karnataka High Court
Shri. Ramakant S/O Mukund Savant vs The State Of Karnataka on 1 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:16905
WP No. 107624 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. 107624 OF 2025 (CS-EL/M)
BETWEEN:
SHRI. RAMAKANT S/O MUKUND SAVANT
AGE. 61 YEARS, OCC. DIRECTOR OF
SHRI NARAYAN MAHADEV PRATHAMIKA
KRASHI PATTINA SAAHAKARI SEVA SANGHA LTD.,
VAILWADA, KARWAR, R/O. HOUSE NO.7,
VAILWADA,KHARGHA,
TQ. KARWAR, DIST. UTTAR KANNADA 581354
...PETITIONER
(BY SRI. VENKATESH M. KHARVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
DEPARTMENT OF CO OPERATION,
M S BUILDING,
BANGALORE 560006
Digitally signed by
RAKESH S 2. THE STATE CO OPERATIVE ELECTION ATUHORITY
HARIHAR 3RD FLORE SHANTI NAGAR,
Location: High
Court of Karnataka, TTMC,A BLOCK, K. H. ROAD,
Dharwad Bench,
Dharwad SHANTI NAGAR,BENGALURU 560027,
R/BY ITS COMMISSISONER.
3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
AND INSPECTION OFFICER,
KDCC BANK, SIRSI,
UTTAR KANNADA-581354
4. THE RETURNING OFFICER AND DEPUTY COMMISSIONER
UTTARA KANNADA OF KDCC BANK,
SIRSI, TQ. SIRSI,
DIST. UTTAR KANNADA-581354
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5. THE MANAGING DIRECTOR
KDCC BANK LTD., SIRSI,
TQ. SIRSI, DIST. UTTARA KANNADA-581354
...RESPONDENTS
(BY SMT. NANDINI SOMAPUR, AGA FOR R1 TO R4;
SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R5;
SRI. SADIQ N. GOODWALA, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER
IN FAVOUR OF PETITIONER BY QUASHING THE DISQUALIFIED
CONSOLIDATED LIST (DRAFT LIST) PREPARED BY THE
RESPONDENT NO. 3 TO 5 OF THE RESPONDENT NO. 5 SOCIETY
AND ELECTION TO BE HELD ON 25/10/2025 VIDE ANNEXURE-K
IN THE INTEREST OF JUSTICE AND EQUITY.
B) THE HON BLE COURT BE KINDLY DIRECT THE RESPONDENTS TO
IMPLEAD THE PETITIONER NAME IN THE VOTER LIST AND
ALLOW HIM TO PARTICIPATE IN THE ELECTION PROCESS OF
THE RESPONDENT NO.5 WHICH IS TO BE HELD ON 25/10/2025
BY WAY OF MANDAMUS.
C) ANY OTHER WRIT DEEMED FIT IN THE CIRCUMSTANCES OF THE
CASE BE AWARDED.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the
following reliefs:
A) Issue a Writ of Certiorari or any other writ or order
in favour of petitioner by quashing the disqualified
consolidated list (draft list) prepared by the
respondent No.3 to 5 of the respondent No.5
society and election to be held on 25/10/2025 vide
Annexure-K in the interest of justice and equity.
B) The Hon'ble court be kindly direct the respondents
to implead the petitioner name in the voter list and
allow him to participate in the election process of
the respondent No.5 which is to be held on
25/10/2025 by way of mandamus.
C) Any other writ deemed fit in the circumstances of
the case be awarded."
2. Heard the learned counsel Sri. Venkatesh M. Kharvi
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. Sadiq N. Goodwala for respondent
No.6.
3. The learned counsel appearing for the petitioner Sri.
Venkatesh M. Kharvi would vehemently contend that the issue is
with regard to there being no resolution in terms of Section 21 of
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the Karnataka Co-operative Societies Act and would submit that
this issue is not 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 respondent 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.
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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.
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
W.P.No.8502/2022 dated 7.6.2022
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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
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.
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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
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:ANB
