Karnataka High Court
Singanayakanahalli Rythara Seva ... vs The State Of Karnataka on 24 November, 2025
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WP No. 33836 of 2025
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
WRIT PETITION NO. 33836 OF 2025 (CS-EL/M)
BETWEEN:
SINGANAYAKANAHALLI RYTHARA
SEVA SAHAKARA SANGHA LTD.,
HAVING ITS REGISTERED OFFICE
AT SINGANAYAKANAHALLI
YELAHANKA TALUK BENGALURU
URBAN DISTRICT, BENGALURU-560064
REPRESENTED BY ITS DIRECTOR/DELEGATE
MS. VANISHREE VISHWANATH
THE SOCIETY IS REGISTER UNDER THE
KARNATAKA CO-OPERATIVE ACT 1960
... PETITIONER
(BY SRI. D.R. RAVI SHANKAR, SR. ADVOCATE FOR
SRI. ARUN .G., ADVOCATE)
AND:
Digitally signed
by PRASHANTH
NV 1. THE STATE OF KARNATAKA
Location: High DEPARTMENT OF CO-OPERATION
Court of
Karnataka M S BUILDINGS
DR. BR AMBEDKAR ROAD
BENGALURU 560 001.
REPRESENTED BY ITS SECRETARY.
2. STATE CO-OPERATION ELECTION
AUTHORITY, 3RD FLOOR, TTMC 'A'
BLOCK, SHANTHINAGAR
BENGALURU - 560 027.
REPRESENTED BY ITS
ELECTION COMMISSION
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3. BANGALORE URBAN, BANGALORE RURAL
AND BANGALORE DISTRICT CENTRAL
CO-OPERATIVE BANK LTD.
BENGALURU 560 018.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
4. JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, BENGALURU DIVISION,
MARGOSA ROAD, MALLESHWARAM,
BENGALURU - 560 003
... RESPONDENTS
(BY SRI. YOGESH .D. NAIK, AGA R1 & 4
SRI. A. DEVARAJ, ADVOCATE FOR R2
SRI. S. RAJASHEKAR, ADVOCATE FOR
SRI. NATARAJ BABU K., ADVOCATE FOR C/R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE VOTERS
LIST PUBLISHED BY THE 3RD RESPONDENT BANK, DATED 17.10.2025
WHEREIN, THE PETITIONER SANGHA HAS BEEN DECLARED AS AN
INELIGIBLE VOTER AT SL.NO.5 OF THE BENGALURU NORTH
DIVISION, VIDE ANNEXURE-A AND DIRECTING THE 3RD
RESPONDENT BANK TO DECLARE THE PETITIONER SANGHA AS AN
ELIGIBLE VOTER, ENTITLED TO VOTE AND CONTEST IN THE
ELECTIONS TO THE 3RD RESPONDENT BANK SCHEDULED TO BE HELD
ON 07.12.2025.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
ON 20.11.2025 AND COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MRS JUSTICE M G UMA
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CAV ORDER
The petitioner-Society has approached this Court seeking
issuance of writ in the nature of Certiorari, to set aside the
ineligible voters list published by respondent No.3-Bank dated
17.10.2025, produced as per Annexure-A, declaring that the
petitioner - Society is ineligible to vote, and to issue writ of
Mandamus directing respondent No.3 to permit the petitioner -
Society to contest and vote in the election that is scheduled to
be held on 07.12.2025.
2. Heard Sri. D.R.Ravishnakar, learned senior advocate
for Sri Arun G., learned counsel for the petitioner, Sri.Yogesh
D. Naik, learned Additional Government Advocate for
respondents No.1 and 4 and Sri. S. Rajashekar, learned counsel
for Sri. Nataraj Babu K., learned counsel for respondent No.3.
Perused the materials on record.
3. Learned senior advocate for the petitioner contended
that only on the ground that the petitioner has not availed the
minimum service as per Byelaw No.4(8)(vi), it has been
disqualified from either contesting or voting in the election.
While drawing the attention of the Court to Bye-laws produced
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as per Annexure-E, he contended that the amendment
disqualifying the petitioner - Society either to contest or vote in
the election was brought with effect from 21.09.2022. Further
the Bye-law was approved by the Joint Registrar of Co-
operative Societies as per Annexure-F and the amendment
came into force with effect from 03.12.2022. Therefore, the
petitioner - Society is having two more years to comply with
the requirements and in the meantime, Society cannot be held
to be ineligible either to contest or to vote in the election on
such ground.
4. Learned senior advocate further contended that
disqualification from voting as provided under Section 17 of
KCS Act is entirely different from disqualification from
membership under Section 20(2) of KCS Act. While drawing the
attention of the Court to Annexure-R1, learned senior advocate
for the petitioner contended that the said amendment which
was brought with effect from 03.02.2016, is referable only to
Section 17 and not to Section 20 of KCS Act. Now the relevant
portion of the amendment, amending Section 20 was approved
on 21.09.2022 in the General Body and brought into effect
from 03.12.2022. Therefore, learned senior advocate
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contended that the amendment of the year 2022 makes it clear
that, if minimum service is not availed as per Byelaws for any 2
Co-operative years out of the last 5 Co-operative years, as
referred to in Section 20(2)(a-v) of KCS Act, such members will
not have a right to vote at a general meeting or an election of
members of the Board for a period of one year. Therefore, the
petitioner-Society is still having 2 more years within which it
can satisfy the requirement by utilizing the minimum service.
5. Learned Senior advocate contended that the petitioner
-Society is ready to file an affidavit undertaking to avail the
minimum service as required under Section 20(2)(a-v) read
with the amended Byelaws of the Society, within next 2
cooperative years. Under these circumstances, he contends
that Annexure-A - the ineligible voters list published by
respondent No.3 is liable to be quashed in view of the ensuing
election that is scheduled to be held on 07.12.2025.
Accordingly, he prays for allowing the petition.
6. Per contra, learned counsel for respondent No.3 and
learned AGA for respondent Nos.1 and 4, opposing the petition
submit that the Co-ordinate Bench in KC Nagaraja v. State of
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Karnataka and Ors1 in a similar situation, considered as to
whether the Society had availed minimum service for a period
of 5 Co-operative years or not, and held that, under Section
20(2)(a-v) of KCS Act, the member therein was ineligible to
vote if it fails to avail the minimum service for 2 years out of 5
preceding years. Therefore, the dispute is no more res integra
to consider it once again.
7. Learned counsel for respondents also contended that
Annexure-R5 is the order dated 23.11.2020 in KR Puttaraju
and Ors v. The State of Karnataka and Ors2 passed by the
Co-ordinate Bench of this Court wherein, the petitioner-Society
had approached this Court challenging similar order and was
successful in obtaining the interim order, permitting it to
contest and vote in the election for respondent No.3 therein,
without reference to Section 20(a-iv-v) of the KCS Act.
Therefore, the petitioner-Society was aware of such
disqualification even in the year 2020. But again after 5 years
when the election is to be held, the petitioner has approached
1
W.P No. 20979 of 2024 DD. 19.08.2024
2
W.P No. 13176 of 2020 DD 23.11.2020
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this Court with a similar prayer and therefore, the same is
liable to be rejected.
8. Learned counsel for respondents, drawing the attention
of the Court to Annexure-F produced by the petitioner
contended that the date of amendment was not relevant to be
taken into consideration to hold that the petitioner-Society is
having 2 more years to comply with the conditions and to
qualify for voting in view of the amended Byelaws. Learned
counsel contended that as per Annexure-R1, it could be seen
that similar condition was there even earlier, but the period of
3 years that was prevailing was reduced to 2 years by
amending the Bye-laws. Hence, the petitioner is not entitled for
any relief in the present petition.
9. In view of the rival contentions urged by the learned
counsel for both the parties, the point that would arise for my
consideration is:
"Whether the petitioner has made out any
grounds to allow the petition?"
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My answer to the above point is in the 'affirmative' for the
following:
REASONS
10. The petitioner is challenging Annexure-A-the
ineligible voters list issued by respondent No.3, disqualifying
the petitioner either to contest or to vote in the election that is
scheduled to be held on 07.12.2025, for the reason that as per
Byelaw No.4(8)(vi), it has not availed minimum service of
availing KCC loan and to disburse the same to its members.
The said Byelaw referred to in Annexure-A is produced as per
Annexure-E. Clause-4(8)(vi) of the Byelaw refers to the
requirement for the member to avail minimum service for a
period of 3 years, failing which, getting disqualified to be a
member. The minimum service referred to therein also includes
availing loan from District Central Bank and to disburse the
same to its members.
11. Annexure-E refers to the amendment brought to
this Clause during 2022. Annexure-F issued by the Joint
Registrar of Co-operative Societies approving the Byelaw
pertaining to the District Central Co-operative Bank, Bengaluru,
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highlighted the requirement of Byelaw as prevailing from 2016
till just before bringing the amendment into effect. The
proposed amendment which was accepted and approved under
Clause-4(8)(vi) referred to in Annexure-F makes it clear that
during the preceding 5 years, if the Society fails to avail the
minimum services atleast for a period of 2 years, a delegate or
a member will be disqualified from voting in the election for a
period of 1 year in the General Body Meeting or in the election
that is to be held to elect the Board members.
12. When Annexure-A specifically refers to Byelaw
No.4(8)(vi) to disqualify the petitioner-Society from voting,
obviously it is for not availing the minimum service of availing
the loan from the District Central Co-operative Bank and
disbursing it to its members. Therefore, the petitioner - Society
can avail such service within a period of 5 years. Since the
amendment was brought into force in the year 2022, the said
service can be availed in the next two Co-operative years, as
from the date of amendment only 3 years have lapsed. Hence,
the petitioner can avail such benefit within next 2 years, failing
which, it would be disqualified from voting as per the Byelaws.
Under such circumstances, I find considerable force in the
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contentions taken by the learned senior advocate for the
petitioner. When there are no other serious lapse are made out
as a ground for disqualification, I am of the opinion that the
petitioner may be permitted to contest and vote in the election
that is scheduled to be held on 07.12.2025, subject to the
condition that, within 5 years the petitioner-Society shall avail
such minimum service and satisfy the requirements of the
Byelaws.
13. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
(i) The Writ petition is allowed.
(ii) The voters list published by respondent No.3
dated 17.10.2025, produced as per Annexure-
A disqualifying the petitioner - Society from
contesting and voting, is hereby quashed
insofar it relates to the petitioner.
(iii) The petitioner is permitted to contest and vote
in the election that is scheduled to be held on
07.12.2025, subject to the condition that the
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petitioner - Society shall avail minimum service
and satisfy the requirements of Byelaws.
SD/-
(M G UMA)
JUDGE
MKM
CT:VS
