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Smt. Vanithamma vs The State Of Karnataka
2025 Latest Caselaw 3461 Kant

Citation : 2025 Latest Caselaw 3461 Kant
Judgement Date : 3 February, 2025

Karnataka High Court

Smt. Vanithamma vs The State Of Karnataka on 3 February, 2025

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                                                         WP No. 1081 of 2025




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 3RD DAY OF FEBRUARY, 2025

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                             WRIT PETITION NO. 1081 OF 2025 (CS-EL/M)
                      BETWEEN:

                      1.    SMT. VANITHAMMA
                            (SHARE NO.7/1)
                            W/O RAMAKRISHNAPPA
                            AGED ABOUT 57 YEARS.

                      2.    SRI. A LAKSHMANA
                            (SHARE NO.21/1)
                            S/O NARAYANA
                            AGED ABOUT 46 YEARS

                      3.    SMT. K.S. BAGYALAKSHMI
                            (SHARE NO.22/1)
                            W/O A. LAKSHMANA
Digitally signed by         AGED ABOUT 33 YEARS
MAHALAKSHMI B M
Location: HIGH
COURT OF              4.    SRI. B. C. RAMACHANDRA
KARNATAKA                   (SHARE NO.58/1)
                            S/O B.L. CHINNAPPA
                            AGED ABOUT 66 YEARS

                      5.    SMT. SUBBAMMA
                            (SHARE NO.59/1)
                            W/O B. C. RAMACHANDRA
                            AGED ABOUT 62 YEARS
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                                  WP No. 1081 of 2025




6.   SRI. MANJUNATH V. L.
     (SHARE NO.181/1)
     S/O LAKSHMISWAMI
     AGED ABOUT 39 YEARS

7.   SRI. B. G. SHANTHAKUMAR
     (SHARE NO.185/1)
     S/O B.T. GOPALAKRISHNA
     AGED ABOUT 53 YEARS

8.   SMT. MANJULA T. S.
     (SHARE NO.189/1)
     W/O SHIVASHANKAR B.G.
     AGED ABOUT 50 YEARS

9.   SRI. TULASIRAM B.N.
     (SHARE NO193/1)
     S/O LATE. SRINIVASMURTHY
     AGED ABOUT 63 YEARS.

10. SMT. NANJAMMA
    (SHARE NO.1/2)
    W/O RAMAIAH
    AGED ABOUT 65 YEARS

11. SRI. M. LAKHMINARAYANA
    (SHARE NO.3/2)
    S/O LATE. NARASIMHAPPA
    AGED ABOUT 64 YEARS

12. SRI. B.N. INDIRAMMA
    (SHARE NO.4/2)
    W/O V.HANUMANTHARAYAPPA
    AGED ABOUT 56 YEARS
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                                 WP No. 1081 of 2025




13. SMT. SHARADAMMA
    (SHARE NO.7/2)
    W/O LAKSHMINARAYANA
    AGED ABOUT YEARS

14. SRI. L.N.MANJUNATH
    (SHARE NO.8/2)
    S/O LAKSHMINARAYANA
    AGED ABOUT 59 YEARS

15. SRI. ANANDAMURTHY
    (SHARE NO.11/2)
    S/O KRISHNAPPA
    AGED ABOUT 39 YEARS

16. SMT. LEELAVATHI
    (SHARE NO.16/2)
    W/O G. GANESH
    AGED ABOUT 49 YEARS

17. SRI. B.S. VINODKUMAR
    (SHARE NO.18/2)
    S/O SRINIVASMURTHY
    AGED ABOUT 61 YEARS

18. SMT. VENKATALAKSHMI
    (SHARE NO.21/2)
    W/O GOPALAKRISHNA
    AGED ABOUT 52 YEARS

19. SMT. SUSHEELAMMA
    (SHARE NO.52/2)
    W/O R. SRINIVASAMURTHY
    AGED ABOUT 58 YEARS
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                                WP No. 1081 of 2025




20. SRI. H. JAYARAMAIAH
    (SHARE NO.120/2)
    S/O HANUMANTHAPPA
    AGED ABOUT 75 YEARS

21. SRI. R PURUSHOTHAMA
    (SHARE NO.157/2)
    S/O LATE. RAJAGOPAL
    AGED ABOUT 60 YEARS

22. SMT. J. VIMALAVATHI
    (SHARE NO.158/2)
    W/O R. PURUSHOTHAMA
    AGED ABOUT 54 YEARS

23. SMT. VENKATALAKSHMI
    (SHARE NO.162/2)
    W/O NARENDRAIAH S. N.
    AGED ABOUT 60 YEARS

24. SRI. RAMAKRISHNA
    (SHARE NO.169/2)
    LATE. VENKATASWAMAPPA
    AGED ABOUT 39 YEARS

25. SMT. B. S. NIRMALA
    (SHARE NO.170/2)
    W/O RAMAKRISHNAPPA
    AGED ABOUT 36 YEARS

26. SMT. MANJULA
    (SHARE NO.182/2)
    W/O CHANDRA URS
    AGED ABOUT 40 YEARS
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                                  WP No. 1081 of 2025




27. SMT. B. R. LAKSHMIDEVAMMA
    (SHARE NO.185/2)
    W/O LATE. NARASIMAIAH
    AGED ABOUT 58 YEARS

28. SMT. RATHNA S
    (SHARE NO.186/2)
    W/O LATE. GOPALAKRISHNA K
    AGED ABOUT 49 YEARS

29. SRI. GOPALAKRISHNA B.K.
    (SHARE NO.14/3)
    S/O LATE. KALAPPA
    AGED ABOUT 74 YEARS

30. SRI. B. G. SHASHI KIRAN
    (SHARE NO.15/3)
    S/O GOPALAKRISHNA B. K.
    AGED ABOUT 39 YEARS

31. SMT. ARUNAKSHI B. A.
    (SHARE NO.17/3)
    D/O B M A ACHAR
    AGED ABOUT 44 YEARS

32. SMT. SUVARNAKALA
    (SHARE NO.18/3)
    D/O B M A ACHAR
    AGED ABOUT 54 YEARS

33. SMT. SHASHIKALA B. A.
    (SHARE NO.19/3)
    D/O B M A ACHAR
    AGED ABOUT 48 YEARS
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                                WP No. 1081 of 2025




34. SMT. VIJAYA
    (SHARE NO.20/3)
    D/O B M A ACHAR
    AGED ABOUT 43 YEARS

35. SRI. MAHESH C
    (SHARE NO.80/30
    S/O CHIKKARMAIAH
    AGED ABOUT 52 YEARS

36. SRI. SUBASH M.
    (SHARE NO.81/3)
    S/O MAHESH C
    AGED ABOUT 32 YEARS

37. SMT. KAMALAMMA
    (SHARE NO.160/3)
    W/O LATE. MADHU. R
    AGED ABOUT 65 YEARS

38. SRI. NAVEENKUMAR B. S.
    (SHARE NO.161/3)
    S/O T. SRINIVAS A
    GED ABOUT 45 YEARS

39. SRI. PURUSHOTHAM K. H.
    (SHARE NO.190/3)
    S/O K. C. HANUMANTHAIAH
    AGED ABOUT 49 YEARS

40. SRI. A. C. KUMAR
    (SHARE NO.61/4)
    S/O CHANNAPPA
    AGED ABOUT 38 YEARS
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                                  WP No. 1081 of 2025




41. SRI. A.S. RAMACHAR
    (SHARE NO.62/4)
    S/O A. SUBBARAYAPPA
    AGED ABOUT 59 YEARS

42. SRI. B.N. NARASAPPA
    (SHARE NO.64/4)
    S/O NARASIMHAPPA
    AGED ABOUT 67 YEARS

43. SRI. K. VIJYAYAKUMARI
    (SHARE NO.65/4)
    W/O B. N. NARASAPPA
    AGED ABOUT 64 YEARS

44. SRI. B. U. NAGARAJ
    (SHARE NO.8/1)
    S/O UGRAPPA
    AGED ABOUT 42 YEARS

45. SMT. ROOPA K.
    (SHARE NO.30/1)
    W/O ASHWATHANARAYANA
    AGED ABOUT 48 YEARS

46. SMT. P. LAVANYA
    (SHARE NO.32/1)
    W/O B.R. MANJUNATHA
    AGED ABOUT 41 YEARS

47. SMT. PRAMILA
    (SHARE NO.43/1)
    W/O B.V. NAGARAJA
    AGED ABOUT 46 YEARS
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                                    WP No. 1081 of 2025




48. SMT. PARVATHAMMA W/O SHAMANNA
    (SHARE NO.45/1)
    AGED ABOUT 64 YEARS

49. SMT. RATHNAMMA
    (SHARE NO.47/1)
    W/O MUNINARAYANAPPA
    AGED ABOUT 72 YEARS

50. SRI. MURALI B.M.
    (SHARE NO.49/1)
    S/O MUNINARAYANAPPA
    AGED ABOUT 51 YEARS

51. SRI. PRATHAP M.
    (SHARE NO.51/1)
    S/O MUNINARAYNAPPA
    AGED ABOUT 42 YEARS

52. SRI. RAVIKUMAR
    (SHARE NO.58/1)
    S/O JALARINARASIMHAIAH
    AGED ABOUT 63 YEARS

53. SRI. HARISH S/O VENKATESHAPPA
    (SHARE NO.73/1)
    AGED ABOUT 38 YEARS

54. SRI. B.M. THIMMARAYAPPA
    (SHARE NO.84/1)
    AGED ABOUT 70 YEARS

55. SRI. MUNIVENKATAPPA S/O PILLAPPA
    (SHARE NO.87/1)
    AGED ABOUT 68 YEARS
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                                    WP No. 1081 of 2025




56. SMT. SAVITHRAMMA W/O MURALIDHAR
    (SHARE NO.96/1)
    AGED ABOUT 65 YEARS

57. SMT. AKKAYAMMA W/O GULAPPPA
    (SHARE NO.102/1)
    AGED ABOUT 75 YEARS

     ALL THE PETITIONERS ARE R/AT
     BYATARAYANAPURA VILLAGE,
     SAHAKARANAGRA POST, YELAHANKA HOBLI,
     BENGALURU-560 092
                                       ...PETITIONERS
(BY SRI. THYAGARAJA B., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     DEPARTMENT OF CO-OPERATIVE,
     M.S. BUILDING, DR. B.R. AMBEKDAR VEEDHI,
     BENGALURU 560 001.
     REPRESENTED BY ITS SECRETARY TO GOVERNMENT.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, TTMC A BLOCK,
     KH ROAD, SHANTHI NAGAR,
     BENGALURU 560 027
     REPRESENTED BY ITS CEO.

3.   THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND
     ELECTION OFFICER
     STATE CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, TTMC A-BLOCK,
     SHANTHINAGAR BUS STAND,
     DOUBLE ROAD, BENGALURU-560 027.
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                                    WP No. 1081 of 2025




4.   THE DEPUTY REGISTRAR OF CO-OPERATIVE
     SOCIETIES,
     8TH MAIN 3RD FLOOR, MALLESHWARAM,
     BENGALURU-560 003.

5.   SUNDARA RAJU G.T.
     RETURNING OFFICER
     BYATARAYANAPURA PRIMARY AGRICULTURAL
     COOPERATIVE SOCIETY LTD.,
     HAVING ITS OFFICE AT BYATARAYANAPURA,
     YELAHANKA HOBLI,
     BENGALURU -560 092

6.   BYATARAYANAPURA PRIMARY AGRICULTURAL
     COOPERATIVE SOCIETY LTD.,
     HAVING ITS OFFICE AT BYATARAYANAPURA,
     YELAHANKA HOBLI,
     BENGALURU -560092
     (SOCIETY REGISTERED UNDER KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959)
                                        ...RESPONDENTS
(BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R4 AND R5;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R3;
    SRI. T. DADAKHALANDAR, ADVOCATE FOR R6)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LIST
OF INELIGIBLE VOTERS DATED. 01.01.2025 PREPARED BY THE
R-6 WHEREIN THE PETITIONERS HEREIN HAVE BEEN HELD TO
BE INELIGIBLE FROM CASTING VOTE TO THE BOARD OF THE
R-5 CO OPERATIVE SOCIETY AND ETC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:   HON'BLE MRS JUSTICE K.S. HEMALEKHA
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                                         WP No. 1081 of 2025




                        ORAL ORDER

Petitioners are seeking to direct respondents to

include the names of petitioners in the eligible voters list

and permit the petitioners to cast their votes in the

election of respondent No.6-Society, which was scheduled

to be held on 19.01.2025.

2. This Court, by way of interim arrangement on

17.01.2025, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 19.01.2025

to the Board of Directors of respondent No.6-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. Rule 13-D of the KCS Rules, 1960 reads as

under:

"13-D. Preparation of electoral rolls and calendar of events.-(1) Election Officer shall, after

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due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.-

(a) the name and address of the society;

(b) number of elected directors of the board;

(c) the date of expiry of the term of office of the board;

(d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority.

(2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-

operative societies indicating the name and address of each society.

(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.-

(i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of

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members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years.

(ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice.

(iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer.

(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election

- 14 -

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officer between thirty days to sixty days from the date of notice to get the remedy.

v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.

(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.-

(a) for publication of draft eligible 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 date of election;

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

(4) It shall be the duty of every society to furnish correct information required by the Election

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Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority.

(5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,-

(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;

(b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society,

and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may

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require, at least sixty days before the date of election.

(6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5).

(7) The final electoral roll shall consist of the following,-

(a) all the individual members with right to vote in respect of a primary co-operative society; or

(b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or

(c) all the delegates of the member societies with right to vote in respect of a federal and an apex society.

(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in

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the office of such society as also in the office of the Election Officer.

(9) The election calendar of events for general election of directors of the board shall provide for.-

(a) date of notification inviting nomination;

(b) last date for receipt of nomination;

(c) date and time for scrutiny of nomination;

(d) date and time for publication of list of validly nominated candidates;

(e) date and time for withdrawal of nomination papers;

(f) Date and time for publication list of contesting candidates;

(g) Date and time for allotment of symbols and publication of contesting candidates with symbols;

(h) Date and time of poll;

(i) Date and time of counting and declaration of results."

5. The case of the petitioners is that the

petitioners have paid all membership/shareholders due to

respondent No.6-Society and attended all the annual

general body meetings, in spite of which respondent No.6-

Society has dropped the petitioners from the eligible

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voters list and the provisions of Rule 13-D of KCS Rules,

1960 is overlooked by respondent No.6-Society.

6. The Co-Ordinate Bench of this Court in the case

of Sri. B Ganganna and others Vs. The State of

Karnataka, Department of Co Operation and others1

(B Ganganna) had given deliberate consideration to 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). The Co-Ordinate Bench of this Court framed the

following points for consideration at paragraph No.9, which

reads as under:

"9. In the light of the contentions raised, the following questions arise for consideration;

(a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule

14) to redo the voters' list for violation of Rule 13-

D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters' list?

ILR 2024 KAR 1901

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(b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960?

(c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra."

(Emphasis supplied)

7. The Co-Ordinate Bench after giving deliberate

consideration to various judgments has held at paragraph

Nos.50 and 51 as under:

"50. For the reasons recorded, this Court concludes as under:

(a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll.

(b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll

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prepared under the Rules, 1960 and its impact on the election.

(c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium

(d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases.

51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters' list prepared during the pendency of the petition. Hence, the following:

ORDER

Writ petition is disposed of on the following terms:

(i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results.

(ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election

- 21 -

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petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.

(iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters' list and impact on the election to the Board of the 6th respondent - Bank.

(iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised."

8. Section 70 of the KCS Act, 1959 reads as

under:

"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) among members, past members and persons claiming through members, past members and deceased members, or

- 22 -

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(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or

(c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or

(d) between the society and any other co-

operative society, or a credit agency.

such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.

(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) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased

- 23 -

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member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not;

(c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society.

(d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);

(e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its

- 24 -

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board, past or present whether such loss be admitted or not.

(3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.

(4) xxxxx (5) x x x x x"

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

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to challenge the electoral 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 and

hence, the following:

ORDER

i. The Returning Officer shall count the votes cast in

the elections held on 19.01.2025 to the Board of

Directors of respondent No.6-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 an 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 70 of

the KCS Act, 1959 shall examine all questions

including the questions relating to the validity of

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the eligible and ineligible voters list and impact of

the election to the Board of respondent No.6-

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

stands disposed of.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA

AT

CT:SNN

 
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