Karnataka High Court
Primary Credit Co-Operative Society, ... vs The District Election Commissioner And on 28 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:14431
WP No. 107511 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 28TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107511 OF 2025 (CS-EL/M)
BETWEEN:
1. PRIMARY CREDIT CO-OPERATIVE SOCIETY,
HOSA KADARAVALLI,
KITTUR TALUK,
DIST. BELAGAVI- 591115,
REP/BY ITS CHIEF EXECUTIVE OFFICER,
SHIVAPPA MADIWALAR,
AGE ABOUT 56 YEARS.
2. MUDAKAPPA S/O SHIVAPUTRA MARADI,
AGE ABOUT 34 YEARS,
OCC. PRESIDENT AND DELEGATE OF
1ST PETITONER SOCIETY,
R/O: HOSA KADARAVALLI,
KITTUR TALUK,
Digitally signed by DIST. BELAGAVI- 591115.
RAKESH S
HARIHAR ...PETITIONERS
Location: High (BY SRI. SADIQ N. GOODWALA, AND
Court of
Karnataka, SRI. PRASHANT WADEYAR, ADVOCATE)
Dharwad Bench,
Dharwad
AND:
1. THE DISTRICT ELECTION COMMISSIONER AND
AND DEPUTY COMMISSIONER,
BELAGAVI, DIST. BELAGAVI- 590001.
2. THE RETURNING OFFICER AND
ASSISTANT COMMISSIONER, BELAGAVI,
TO CONDUCT ELECTION TO THE
BELAGAVI DISTRICT
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CENTRAL CO-OPERATIVE BANK LTD.,
BELAGAVI, DIST. BELAGAVI- 590001.
3. BELAGAVI DISTRICT
CENTRAL CO-OPERATIVE BANK LTD.,
NEAR CENTRAL BUS STAND BELAGAVI,
DIST. BELAGAVI- 590016,
R/BY ITS CHIEF EXECUTIVE OFFICER.
4. THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT AND
ALSO VERIFICATION OFFICER,
FOR THE BDCC BANK ELECTION,
BELAGAVI, DIST. BELAGAVI- 590001.
5. THE CO-OPERATIVE ELECTION AUTHORITY,
DEPARTMENT OF CO-OPERATION, 3RD FLOOR,
TTMC BUILDING, A BLOCK,
KENGAL HANUMATHAIAH ROAD,
RAJARAM MOHANROY EXTENSION,
SHANTINAGAR, BENGALURU- 27.
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, AGA FOR R1, R2 & R4,
SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR C/R3,
SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R5, AND
SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A
WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI
QUASHING THE FINAL VOTER LIST OF KITTUR CONSTITUENCY
DATED 03.10.2025 (ANNEXURE-F) TO THE EXTENT OF NON-
INCLUSION OF THE NAMES OF THE 1ST PETITIONER SOCIETY AND
THE 2ND PETITIONER (DELEGATE); B) ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ENDORSEMENT DATED 04.10.2025 BEARING NO.
MU.KA.NI./ /2025-26 NO. 00933, ISSUED BY THE 3RD RESPONDENT
VIDE ANNEXURE-H; C) ISSUE A WRIT, ORDER OR DIRECTION IN
THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO
INCLUDE THE NAME OF THE 1ST PETITIONER SOCIETY AND 2ND
PETITIONER IN THE VALID VOTER LIST AND TO PERMIT IT TO
VOTE IN THE ELECTION SCHEDULED ON 19.10.2025 AND D) PASS
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ANY OTHER ORDER, WHICH THIS HON'BLE COURT MAY DEEM FIT,
INCLUDING THE COST OF THE WRIT PETITION IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS 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. 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 date
clear fifty days;
(b) for calling objections, if any, calling upon the
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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
fact, it is admitted on behalf of the respondents that there
This Public Notice reads as follows:
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19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉʯÁ
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¥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
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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.
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
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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HC-KAR
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 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.
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 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
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
