Karnataka High Court
Raghavendra Prabhakar Shastri vs The State Co-Operative Election ... on 15 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 107452 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107452 OF 2025 (CS-EL/M)
BETWEEN:
RAGHAVENDRA PRABHAKAR SHASTRI,
AGE: 51 YEARS,
OCC: AGRICULTURIST AND BUSINESS,
R/O: 219, BILIGI POST, TALUK: SIDDAPURA,
UTTARAKANNADA DISTRICT.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMYB. HIREMATH, ADVOCATE)
AND:
1. THE STATE CO-OPERATIVE ELECTION COMMISSION,
REPRESENTED BY THE COMMISSIONER - 583 201.
2. DEPUTY COMMISSIONER,
UTTARA KANNADA-583201.
3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY,
KARWAR - 581 424.
4. KANARA DISTRICT CENTRAL CO-OPERATIVE BANK,
BY ITS MANAGING DIRECTOR.
5. DODDAMANE GROUP GRAMAGALA SEVA SAHAKARI
SANGHA LTD., DODDAMANE,
Digitally signed by REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
RAKESH S
HARIHAR DODAMANE, TALUK: SIDDAPUR,
Location: High
Court of DISTRICT: UTTARA KANNADA-583201.
Karnataka,
Dharwad Bench,
Dharwad
6. VIVEK SUBHRAYA BHAT,
AGE ABOUT 47 YEARS,
OCC: DIRECTOR, R/O: DODDAMANE
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WP No. 107452 of 2025
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TALUK: SIDDAPURA,
DISTRICT: UTTARAKANNDA - 583 201.
...RESPONDENTS
(BY SRI. RAMESH CHIGARM, AGA FOR R1 TO R3;
SRI. VISHWANATH HEGDE, ADVOCATE FOR R4;
SRI. A.P.HEGDE, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE IMPUGNED THE
ENDORSEMENT DATED 04.10.2025 ISSUED BY THE
RESPONDENT NO.3 WHICH IS PRODUCED AT ANNEXURE-H,
BEARING NO.DRN/KDCC BANK/CHUNAVANE/CR-02/2025-26
AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court calling in
question an endorsement dated 04.10.2025 by which the
objection of the petitioner to hold that the respondent No.6
is ineligible to contest and vote in the ensuing elections.
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2. Heard learned counsel Sri.Mallikarjunswamy B.
Hiremath for Miss.Gayatri S.R appearing for petitioner,
learned AGA Sri.Ramesh Chigari, appearing for respondent
Nos.1 to 3, learned counsel Sri.Vishwanath Hegde,
appearing for respondent No.4 and learned counsel
Sri.A.P.Hegde appearing for respondent
3. Facts in brief germane are as follows:
The elections in the case at hand is to the KDCC Bank
publishes a provisional voters' list relating to Siddapur Taluk
in terms of Section 13D(3) of The Karnataka Co-operative
Rules, 1960. In the said list, it was notified that there are
23 eligible voters.
4. It is the averment in the petition that the
objections were filed by these petitioners before the election
officer raising the objection with regard to the suppression
of the respondent No.6 of suffering disqualification and
mentioning in the column that he has not suffered any
disqualification. This itself would debar the respondent No.6
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from either contesting or voting in the ensuing elections.
The petitioner on the said premise submits the said
representation which comes to be rejected by the impugned
endorsement at 04.10.2025. It is this that has driven the
petitioner to this Court in the subject petition.
5. The learned counsel Sri.Malikarjunswamy B.
Hiremath submits that in terms of Section 29C of the
Karnataka Co-Operative Societies Act, 1959 (for short 'the
Act') a person who suffered disqualification would not be
entitled to vote or contest in the ensuing elections in terms
of the order of disqualification. The learned counsel submits
that while submitting an application to cast his vote for
contest in the election, the column which depicts that
whether the respondent No.6 has suffered any
disqualification, it is indicated that he has not. Learned
counsel submits that this is the suppression by the
respondent No.6.
6. The learned counsel appearing for the
respondent No.6 would vehemently refute the submission
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contending that the disqualification suffered was for an
earlier term. Once the term is over, the disqualification also
gets over and would seek to place reliance upon the
judgment rendered by the Co-ordinate Bench. The learned
counsel would further contend that the disqualification that
the respondent No.6 has suffered has been challenged
before the Deputy Registrar of Co-operative Societies and
there is an interim order of stay operating of the said
disqualification. Therefore, on the strength of the stay, the
respondent No.6 has submitted the application seeking to
vote and contest. He would submit that the petition will be
dismissed as the action of the respondent No.6 is in tune
with law.
7. The Learned AGA also toes the lines of the
learned counsel appearing for the respondent No.6.
8. I have given my anxious consideration to
submissions made by the learned counsel.
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9. The issue in the lis revolves around certain
statutory provisions, the Act and the Rules. Section 29C of
the Act reads as follows:
29C. Disqualification for membership of the
*board*.-
(1) No person shall be eligible for being
elected or appointed or continued as a member of the
[*board* of any co-operative society], if,--
[(a) he is in default to that society or any
other co-operative society in respect of any dues
from him as borrower;]
(b) he is interested directly or indirectly in any
contract made with such co-operative society or in
the sale or purchase made by such co-operative
society privately or in auction or in any contract or
transaction of the cooperative society (other than
investment and borrowing) involving financial
interests in that contract, sale, purchase or
transaction;
(c) 1 [he 2 [XXX] 2 carries] on a business of
the kind carried on by such co-operative society or
by a co-operative society of which such co-
operative society is a member;
(d) he is employed as legal practitioner on
behalf of such co-operative society or accepts
employment as legal practitioner against such
cooperative society;
(e) he is a paid employee 1 [other than the
chief executive]1 of such cooperative society or of
its financing bank;
(f) he is a near relation of a paid employee of
such co-operative society.
[Explanation.--For the purpose of [this
clause 'near relation' means,--
(i) husband, wife and unmarried daughter;
(ii) father, mother, undivided son, undivided
brother and unmarried sister; and
(iii) such other relations as may be prescribed
to be a near relation.
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[(g) he was a paid employee of a co-operative
society and was dismissed, removed or
compulsorily retired from service of a co-operative
society;
(h) he is disqualified to be a member of
the society or to vote as such member;
(i) he has been convicted for an offence
punishable under section 153A or section 171E or
section 171F or sub-section (2) or sub-section (3)
of section 505 of the Penal Code, 1860 (Central
Act 45 of 1860) or under section 39J or clause (b)
of sub-section (2) of section 39K of this Act, unless
a period of six years has elapsed from the date of
such conviction;
(j) he has been convicted by a Court in India
for any offence and sentenced to imprisonment for
a term of not less than two years, unless a period
of five years has elapsed from the date of his
release;
(k) he is found guilty of corrupt practice within
the meaning of section 39C unless a period of six
years has elapsed from the date on which he was
found guilty;
(l) he has failed to remit to any co-operative
society any amount (other than a loan) retained by
him in contravention of the provisions of this Act,
rules or bye-laws;
(m) he is a representative of a co-operative
society which is in default to a financing bank or to
any co-operative society in respect of any dues by
the co-operative society which he represents, for a
continuous period of one year.
10. In terms of Section 29C(h) mandates, no person
shall be eligible to be elected or appointed or continued as a
member of the board if he is disqualified to be a member of
the society.
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11. It is an admitted fact that the respondent No.6
has suffered disqualification.
12. The order of disqualification reads as follows:
DzÉñÀ
¦ÃpPÉAiÀÄ°è «ªÀj¹zÀ PÁgÀtUÀ½AzÀ CfðzÁgÀgÄÀ ¸À°è¹zÀ CfðAiÀÄ£ÀÄß ¥ÀÄgÀ¸ÀÌj¹zÉ,
JzÀÄgÀÄzÁgÀgÀ 1 gÀªÀgÀ «gÀÄzÀÞ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁAiÉÄÝ 1959 PÀ®A 29(¹) 8
(©) gÀ ¥ÀæPÁgÀ ¸ÀAWÀzÀ ¤zÉÃð±ÀPÀgÁzÀ ²æà «ªÉÃPÀ ¸ÀĨÁæAiÀÄ ¨sÀlÖ (¤zÉÃð±ÀPÀgÀÄ) EªÀgÀ£ÀÄß
DzÉñÀzÀ ¢£ÁAPÀ¢AzÀ ªÀÄÄA¢£À 3 ªÀµÀðUÀ¼ÀªÀgÉUÉ ¸ÀzÀj ¸ÀAWÀzÀ°è ªÀÄvÀÄÛ EvÀgÉÃ
AiÀiÁªÀÅzÉà ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À DqÀ½vÀ ªÀÄAqÀ½ ¸ÀzÀ¸åÀ gÀ£ÁßV ªÀÄÄAzÀĪÀgÉAiÀÄ®Ä ºÁUÀÆ
DqÀ½vÀ ªÀÄAqÀ½AiÀÄ ZÀÄ£ÁªÀuÉUÉ ¸Àà¢üð¸À®Ä Dj¹§gÀ®Ä C£ÀºÀðgÀ£ÁßV WÉÆö¸À¯ÁVzÉ.
F DzÉñÀªÀ£ÀÄß EAzÀÄ ¢£ÁAPÀ:25-11-2024 gÀAzÀÄ £À£ßÀ ¸À» ºÁUÀÆ PÀbÃÉ jAiÀÄ
ªÉÆúÀj£ÉÆA¢UÉ ºÉÆgÀr¸À¯ÁVzÉ.
13. The petitioner has suffered disqualification for a
period of 3 years. The said order of disqualification is
challenged before the Deputy Registrar of Co-operative
Societies, in which the DRCS has granted an interim order
which reads as follows:
ªÀÄzsåÀ AvÀgÀ DzÉñÀ
¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀ CA±ÀUÀ¼À£ÄÀ ß UÀªÄÀ ¤¹ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁAiÉÄÝ 1959 PÀ®A
106(3)gÀ ªÉÄÃgÉUÉ ºÉÆA¢gÀĪÀ C¢üPÁgÀªÀ£ÄÀ ß ZÀ¯Á¬Ä¹ ªÉÄîä£À«zÁgÀgÀ ªÀÄzsÀåAvÀgÀ
CfðAiÀÄ£ÀÄß ¥ÀjUÀt¸À®Ä wêÀiÁð¤¹zÉ ºÁUÀÆ 2£Éà JzÀÄgÀÄ CfðzÁgÀgÁzÀ ¸ÀºÀPÁgÀ
¸ÀAWÀUÀ¼À ¸ÀºÁAiÀÄPÀ ¤§AzsÀPÀgÄÀ , ²gÀ¹ G¥À«¨sÁUÀ ²gÀ¹ EªÀgÀÄ ºÉÆgÀr¹zÀ DzÉñÀ
¸ÀA.¸À¤-21/29-¹/¹Dgï-02/2024-25 ¢£ÁAPÀ 25-11-2024 PÉÌ F £ÁåAiÀiÁ®AiÀÄzÀ
ªÀÄÄA¢£À DzÉñÀzÀªÀgÉUÉ vÀqÉAiÀiÁeÉÕ ¤ÃrzÉ. ¥ÀæPÀgt À zÀ ªÀÄÄA¢£À «ZÁgÀuÉAiÀÄ£ÀÄß
¢£ÁAPÀ:07-07-2025gÀAzÀÄ ªÀÄzsÁåºÀß 3.00 UÀAmÉUÉ ¤UÀ¢¥Àr¹zÉ.
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F DzÉñÀªÀ£ÀÄß F ¢£À ¢£ÁAPÀ:03-06-2025 gÀAzÀÄ £À£ßÀ ¸À» ªÀÄvÀÄÛ PÀbÃÉ jAiÀÄ
ªÀÄÄzÉæAiÉÆA¢UÉ ºÉÆgÀr¹zÉ.
Therefore, the order of disqualification has stood stayed
as on date and is pending before the DRCS.
14. The learned counsel for the respondent No.6
would submit that in the teeth of the interim order of stay
that is granted, the disqualification would not become an
impediment even to contest. The issue now is whether there
is disclosure of disqualification or otherwise.
15. It is necessary to notice the general application
form for the purpose of voting or contest. The application
form of the petitioner as an illustration needs to be quoted.
It is as follows:
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16. Column 3 of the said application deals with
divulgence of information as to whether the applicant is
suffered any disqualification or otherwise, which is to be
indicated by the applicant so this through the aforesaid
application.
17. It is an admitted fact that the said column,
respondent No.6 has indicated that he has not suffered any
disqualification and therefore has submitted his application
to contest the ensuing elections. All on the strength of an
interim order of stay that is granted by the DRCS, it is trite
law that grant of an interim order of stay will not
obliterate the order. The interim order would only
eclipse the order and not extinguish it. Therefore,
unless there is final adjudication of the matter, the interim
order would not enure to the benefit of the respondent No.6
to contest or vote unless the interim order specifically
permits so. The interim order quoted herein above does not
permit so. Therefore, it is only a temporary reprieve and not
a permanent solution. The disqualification that is suffered,
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is for a period of 3 years of encompassing this election or
the ensuing elections. In that light, the application of the
petitioner seeking to contest or to vote in the ensuing
elections is contrary to law as it is in suppression of
information regarding disqualification, cutting the right of
the petitioner at its route.
18. With the aforesaid reasons, the following:
ORDER
(i) The Petition is allowed.
(ii) The impugned endorsement stands quashed.
(iii) All consequential action on quashment of the
endorsement dated 04.10.2025 would ensue.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RHR/CT-ASC
