Karnataka High Court
Khazisab S/O Kasimsab Gudihol vs The State Of Karnataka on 17 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 100012 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.100012 OF 2025 (CS-EL/M)
BETWEEN:
1. KHAZISAB S/O KASIMSAB GUDIHOL,
AGE: 55 OCC: AGRICULTURE,
R/O KALALBANDI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
2. RAJESAB S/O KASIMSAB GUDIHOL,
AGE: 62 OCC: AGRICULTURE,
R/O KALALBANDI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
3. HANAMAPPA BHEEMAPPA DERMANI,
AGE: 65 OCC: AGRICULTURE,
R/O CHIKNANDIHAL, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
VISHAL
4. SANGAPPA HANAMAPPA KURUBNAL,
NINGAPPA
PATTIHAL AGE: 48 OCC: AGRICULTURE,
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
R/O CHIKNANDIHAL, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
Location: High Court of
Karnataka Dharwad Bench
Date: 2025.01.21 11:50:21
+0530
5. SHIVAPPA S/O BHIMAPPA,
AGE: 50 OCC: AGRICULTURE,
R/O CHIKNANDIHAL, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
6. DURAGAPPA S/O DURAGAPPA HARIJAN,
AGE: 52 OCC: AGRICULTURE,
R/O KALALBANDI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
7. HANAMAWWA GUNDEGOUDA,
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WP No. 100012 of 2025
AGE: 55 OCC: AGRICULTURE,
R/O YALABURTI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
8. HONNAPPA BASAPPA GUJAMAGADI,
AGE: 58 OCC: AGRICULTURE,
R/O YALABURTI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
9. DODDAHANAMAPPA SAKRAPPA
KONDAGURI, AGE: 53 OCC:
AGRICULTURE,
R/O YALABURTI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
10. MURTUSAB MEHABOOBSAB,
AGE: 58 OCC: AGRICULTURE,
R/O YALABURTI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
11. HONNAPPA S/O HANAMAPPA,
AGE: 50 OCC: AGRICULTURE,
R/O YALABURTI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
12. MAHALINGAPPA S/O HANAMAPPA,
AGE: 56 OCC: AGRICULTURE,
R/O HULASAGERI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
13. SHANMUKAPPA S/O HOLEYAPPA,
AGE: 55 OCC: AGRICULTURE,
R/O BISANAL, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
14. DURAGAPPA S/O RAMANNA,
AGE: 50 OCC: AGRICULTURE,
R/O BISANAL, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
15. YAMANAPPA MUKAPPA,
AGE: 55 OCC: AGRICULTURE,
R/O KANAKOPPA, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
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WP No. 100012 of 2025
16. NEELAPPA YAMANAPPA,
AGE: 51 OCC: AGRICULTURE,
R/O DONNEGUDDA, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
17. SHAMIDASAB IMAMSAB MULLAR,
AGE: 54 OCC: AGRICULTURE,
R/O KALALBANDI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
18. GURURAJ S/O DURUGAPPA HARIJAN,
AGE: 58 OCC: AGRICULTURE,
R/O KALALBANDI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
19. BASAPPA S/O RAGADAPPA HARIJAN,
AGE: 54 OCC: AGRICULTURE,
R/O KALALBANDI, TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
20. BASAPPA S/O BARAMAPPA WADDAR,
AGE: 51 OCC: AGRICULTURE,
R/O CHALAGERA,
TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
21. IRAPPA S/O MUDAKAPPA
PATAPPANAVAR,
AGE: 51, OCC: AGRICULTURE,
R/O CHALAGERA,
TQ: KUSHTAGI,
DIST: KOPPAL- 584 121.
...PETITIONERS
(BY SRI GANESH RAIBAGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF CO- OPERATION
MS BUILDING BENGALURU-580001
3. THE STATE CO- OPERATIVE
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WP No. 100012 of 2025
ELECTION AUTHORITY
3RD FLOOR, A BLOCK SHANTI NAGAR,
T T M C BUILDING
BENGALURU - 560002
REPRESENTED BY ITS COMMISSIONER
3. THE ELETION OFFICER,
THE ASSISTANT
REGISTRAR OF CO-OPERATIVE
SOCIETIES, KOPPAL,
TALUK: & DIST: KOPPAL,
PIN: 583 277.
4. THE RETURNING OFICER,
THE PRIMARY AGRICULTURE AND
RURAL DEVELOPMENT CREDIT
CO-OPERATIVE BANK LTD
KUSHTAGI, DISTRICT: KOPPAL-583277
5. THE PRIMARY AGRICULTURE AND
RURAL DEVELOPMENT CREDIT
CO-OPERATIVE BANK LTD.
REPRESENTED BY ITS CHAIRMAN,
KUSHTAGI, DISTRICT: KOPPAL-583277
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI G.V.BARAMAGOUDAR, ADVOCAT FOR R2 TO R4;
SRI AVINASH BANAKAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOS.3
TO 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL
ELIGIBLE VOTER LIST AND PERMIT THE PETITIONERS TO CAST
THEIR RESPECTIVE VOTES IN THE ELECTION TO THE COMMITTEE OF
THE MANAGEMENT OF THE 5TH RESPONDENT BANK SCHEDULED TO
BE HELD ON 05.01.2025, AS PER CALENDAR OF EVENTS ISSUED BY
THE 4TH RESPONDENT DATED 16.12.2024 VIDE ANNEXURE-A, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THERIEN AS
UNDER:
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WP No. 100012 of 2025
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:-
(a) for publication of draft eligible electoral list,
a list of defaulters, a list of members whose
repayment falls due, before the election
NC: 2025:KHC-D:746
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
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
NC: 2025:KHC-D:746
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
¨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
¸ÀAWÀPÉÌ ¥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 vÀªÄÀ UÉ
w½¸À¯ÁVzÉ.
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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 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.
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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-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
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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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.
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All the contentions are left open for consideration in
appropriate proceedings, if commenced.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Vnp / CT: ASC
