Karnataka High Court
Shri Nagaraj S/O Beerappa Harikantra vs The State Of Karnataka on 14 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:13831
WP No. 105750 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 105750 OF 2025 (CS-EL/M)
BETWEEN:
1. SHRI.NAGARAJ S/O.BEERAPPA HARIKANTRA,
AGE: 46 YEARS, OCC.: FISHERMEN,
R/O.: NO.108/1, ULLAS NAGAR, CHITTARIGI VILLAGE,
POST, KUMTA, TQ.: KUMTA,
DIST.: UTTARA KANNADA - 581 343
2. SHRI.DURGU S/O.BEERAPPA HARIKANTRA,
AGE: 41 YEARS, OCC.: FISHERMEN,
R/O.: C/O.BEERAPPA HARIKANTRA, #108,
SHASHIHITTAL, VANNALLI, KUMTA, TQ.: KUMTA,
DIST.: UTTARA KANNADA - 581 343
3. SHRI.RAMA S/O.NAGAPPA HARIKANTRA,
AGE: 56 YEARS, OCC.: FISHERMEN,
R/O.: #A/72, HEAD BANDAR ROAD,
SHASHIHITTALA VILLAGE, KUMTA,
TQ.: KUMTA, DIST.: UTTARA KANNADA - 581 343
4. SHRI.GANESH S/O.VENKTA HARIKANTRA,
AGE: MAJOR, OCC.: FISHERMEN,
Digitally signed
by RAKESH S R/O.: #A/75, HEAD BANDAR ROAD,
HARIHAR
R/O.: SHASHIHITTALA VILLAGE, KUMTA,
Location: High
Court of TQ.: KUMTA, DIST.: UTTARA KANNADA - 581 343
Karnataka,
Dharwad Bench,
Dharwad 5. SMT.SHOBHA VENKATA HARIKANTRA,
AGE: 36 YEARS, OCC.: FISHSHING,
R/O.: #75, SHASHIHITTALA VILLAGE, KUMTA,
TQ.: KUMTA, DIST.: UTTARA KANNADA - 581 343
6. SHRI.ASHOK S/O.HANUMANT HARIKANTRA,
AGE: 35 YEARS, OCC.: FISHERMEN,
R/O.: A/497, HEAD BANDAR ROAD,
SHASHIHITTALA VILLAGE, KUMTA, TQ.: KUMTA,
DIST.: UTTARA KANNADA - 581 343
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HC-KAR
7. SHRI.YOGESH S/O.GANAPU HARIKANTRA,
AGE: 42 YEARS, OCC.: FISHERMEN,
R/O.: #110, SHASHIHITTALA VILLAGE, KUMTA, TQ.:
KUMTA, DIST.: UTTARAKANNADA - 581 343
8. SHRI.VENKATESH S/O.MADEVA HARIKANTRA,
AGE: 38 YEARS, OCC.: FISHERMEN,
R/O.: #88/A, SHASHIHITTALA VILLAGE, KUMTA,
TQ.: KUMTA, DIST.: UTTARAKANNADA - 581 343
9. SHRI.CHANDRAKANT S/O.SUBHASH HARIKANTRA,
AGE: 42 YEARS, OCC.: FISHERMEN,
R/O.: #111, HEAD BANDAR ROAD,
SHASHIHITTALA VILLAGE, KUMTA, TQ.: KUMTA,
DIST.: UTTARAKANNADA - 581 343
10. SHRI.RAJU S/O.BUDDU HARIKANTRA,
AGE: 39 YEARS, OCC.: OCC.: FISHERMEN,
R/O.: #448/2, VANALLI VILLAGE, WARD A, KUMTA,
TQ.: KUMTA, DIST.: UTTARAKANNADA - 581 343
11. SHRI.PRAJWAL S/O.NAGAPPA HARIKANTRA,
AGE: 23 YEARS, OCC.: FISHERMEN,
R/O.: C/O.: NAGAPPA BEERA HARIKANTRA,
SHASHIHITTALA VILLAGE, KUMTA, TQ.: KUMTA,
DIST.: UTTARA KANNADA - 581 343
...PETITIONERS
(BY SRI. SUNITHA JYOTHI AND
SRI. ROSHAN S. CHABBI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
REPRESENTED BY ITS SECRETARY,
M. S. BUILDING, DR.B. R. AMBEDKAR VEEDHI,
BENGALURU - 560 001
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
3 RD FLOOR, TTMC, 'A' BLOCK,
SHANTHINAGARA, K. H. ROAD,
BENGALURU - 560 027
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3. THE REGISTRAR OF CO-OPERATIVE
SOCIETIES IN
KARNATAKA,
NO.1, ALI ASKAR ROAD, BENGALURU,
DIST.: BENGALURU - 560 001
4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
SAHAKARI ADALITA BHAVANA, 2 ND FLOOR,
JAKKERI HONDA, NEAR RAILWAY OVER BRIDGE,
BELAGAVI, DIST.: BELAGAVI - 590 001
5. THE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-
OPERATIVE SOCIETIES, SARASWATI SADAN,
HABBUWADA, KARWAR,
DIST.: UTTARA KANNADA - 581 301
6. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
KUMTA, TQ.: KUMTA,
DIST.: UTTARA KANNADA - 581 343
7. THE RETURNING OFFICER AND THE SALES OFFICER,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KUMTA, TQ.: KUMTA,
DIST.: UTTARA KANNADA - 581 343
8. THE KUMATA FISHERIES CO-OPERATIVE
SOCIETIES LIMITED,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
'MATSYA SAMRUDDHI', SANKEERNA, NEAR CHITTARANJAN
THEATRE, KUDTAGI BAIL, KUMTA,
TQ.: KUMTA, DIST.: UTTARA KANNADA - 581 343
9. THE CHIEF EXECUTIVE OFFICER,
THE KUMTA FISHERIES CO-OPERATIVE SOCIETIES
LIMITED, 'MATSYA SAMRUDDHI', SANKEERNA,
NEAR CHITTARANJAN
THEATRE, KUDTAGI BAIL, KUMTA,
TQ.: KUMTA, DIST.: UTTARA KANNADA - 581 343
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, AGA FOR R1, R3 TO R7;
SRI. BHARAMAGOUDAR, ADVOCATE FOR R2;
R8 AND R9 ARE SERVED)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ELECTION NOTICE/CALENDAR OF
EVENTS DATED 23/07/2025, ISSUED BY THE RESPONDENT NO.7/THE
RETURNING OFFICER, VIDE ANNEXURE-A, AND ISSUE A WRIT OF
MANDAMUS AND/OR ANY OTHER APPROPRIATE WRIT DIRECTING THE
RESPONDENT NO.5/THE ELECTION OFFICER AND THE DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA, TO
HOLD A FRESH ELECTION INSOFOR THE RESPONDENT NO.8 SOCIETY
IS CONCERNED, IN ACCORDANCE WITH LAW, AND DIRECT THE
RESPONDENTS TO PAY THE COST OF LITIGATION TO THE
PETITIONERS, AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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.
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HC-KAR
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.
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
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 ¨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
NC: 2025:KHC-D:13831
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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:
'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.
¸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 vÀªÀÄUÉ
w½¸À¯ÁVzÉ.
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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
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
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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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.
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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.
All the contentions are left open for consideration in
appropriate proceedings, if commenced.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RHR/CT-ASC
