Karnataka High Court
Shri Arunkumar S/O Damodar Talekr vs The State Of Karnataka on 5 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15117
WP No. 107254 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107254 OF 2025 (CS-EL/M)
BETWEEN:
SHRI. ARUNKUMAR S/O. DAMODAR TALEKR,
AGE. 65 YEARS, OCC. PRESIDENT MULTI
PURPOSE PRIMARY RURAL AGRICULTURE CO
OPERATIVE SOCIETY LTD. HALAGA,
R/O. 16, HALJEJOEEG,
POST: HALJEGOEEG, KARWAR - 581 354.
...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 - 560 006.
2. THE STATE CO OPERATIVE ELECTION AUTHORITY
Digitally signed by
VISHAL
3RD FLORE SHANTI NAGAR,
NINGAPPA TTMC, A BLOCK, KH ROAD,
PATTIHAL
Location: High SHANTI NAGAR, BENGALURU 560 027,
Court of Karnataka,
Dharwad Bench, R/BY ITS COMMISSIONER.
Dharwad
3. THE DEPUTY REGISTRAR OF
CO OPERATIVE SOCIETIES
AND INSPECTION OFFICER KDCC BANK,
SIRSI, UTTAR KANNADA.
4. RETURNING OFFICER AND DEPUTY
COMMISSIONER OF KDCC BANK
SIRSI, UTTARA KANNADA.
5. THE MANAGING DIRECTOR
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WP No. 107254 of 2025
HC-KAR
KDCC BANK LTD.,
DIST: UTTARA KANNADA
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, AGA FOR R1, R3, R4;
SRI. G.V. BHARAMGOUDAR, ADVOCATE FOR R2;
SRI. A.P.HEGDE, 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 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.2 SOCIETY
AND ELECTION TO BE HELD ON 25/10/2025 VIDE ANNEXURE-G
IN THE INTEREST OF JUSTICE AND EQUITY INSOFAR AS
PETITIONER IS CONCERNED. THE HON'BLE COURT BE KINDLY
DIRECT THE RESPONDENT TO IMPLEAD THE PETITIONER IN THE
FINAL ELIGIBLE VOTER LIST AND ALLOW HIM TO PARTICIPATE
IN THE ELECTION PROCESS OF THE RESPONDENT NO.5 TO
CAST THE VOTE WHICH IS TO BE HELD ON 25/10/2025 BY WAY
OF WRIT OF MANDAMUS AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 107254 of 2025
HC-KAR
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 connected with W.P.
No.8477/2022, disposed off on 7th June 2022. The Co-
ordinate 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 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.
NC: 2025:KHC-D:15117
HC-KAR
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 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:
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, ªÀÄAqÀågÀªÀgÀÄ ¨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.90.00UÀ¼ÀÄ
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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 vÀªÀÄUÉ
w½¸À¯ÁVzÉ.
NC: 2025:KHC-D:15117
HC-KAR
'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 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.
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
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
NC: 2025:KHC-D:15117
HC-KAR
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 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
(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.
NC: 2025:KHC-D:15117
HC-KAR
forthwith including the votes cast by the petitioners. All the
contentions are left open for consideration in appropriate
proceedings, if commenced.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RSH/CT-ASC
