Karnataka High Court
Jagadish S/O Basappa Hittalamani vs The State Of Karnataka on 28 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:14514
WP No. 107747 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. 107747 OF 2025 (CS-EL/M)
BETWEEN:
JAGADISH S/O. BASAPPA HITTALAMANI,
AGE. 46 YEARS, OCC. AGRICULTURE,
R/O. AMBADAGATTI, TQ. KITTUR,
DIST. BELAGAVI - 591 112.
...PETITIONER
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING, BENGALURU-560 001.
2. THE CO-OPERATIVE ELECTION AUTHORITY,
BY ITS COMMISSIONER, 3RD FLOOR,
T.T.M.C. BUILDING, A-B, PCL
Digitally signed by SHANTI NAGAR, BENGALURU - 560 027.
RAKESH S
HARIHAR
Location: High 3. THE DEPUTY COMMISSIONER AND
Court of
Karnataka, ELECTION OFFICER OF FEDERAL
Dharwad Bench,
Dharwad CO-OPERATIVE SOCIEITIES, BELAGAVI,
DIST. BELAGAVI - 591 001.
4. THE JOINT REGISTRAR AND AUDITOR OF
CO-OPERATIVE SOCIETIES,
BELAGAVI DIVISION, BELAGAVI,
THE BELAAVI DISTRICT CENTRAL CO-OPERATIVE
BANK LTD., AND VERIFICATION OFFICER OF
ELECTORAL ROLL, BELAGAVI DISTICT,
DIST. BELAGAVI - 591 001.
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5. THE ASSISTANT REGISTRAR,
OF CO-OPERATIVE SOCIEITIES,
KITTUR DIVISION, KITTUR,
DIST. BELAGAVI - 591 112.
6. THE RETURNING OFFICER,
THE BELAGAVI DISTRICT CENTRAL
CO-OPERATIVE BANK LTD., BELAGAVI,
AND THE ASSISTANT COMMISSIONER
BELAGAVI SUB-DIVISION, BELAGAVI,
DIST. BELAGAVI-590 001.
7. THE BELAGAVI DISTRICT CENTRAL,
CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
HEAD OFFICE OLD PB ROAD, BELAGAVI,
DIST. BELAGAVI-590 016.
8. THE MULTIPURPOSE PRIMARY
RURAL AGRICULTURAL CO-OPERATIVE
SOCIETY AMBADAGATTI,
REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER, TQ. KITTUR,
DIST. BELAGAVI-591 112.
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, AGA FOR R1, R3, R4 & R5;
SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2 & R6;
SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR C/R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI TO QUASH THE IMPUGNED
ENDORSEMENT DATED 08.10.2025 ISSUED BY THE CEO OF THE
RESPONDENT NO. 7 IN NAM.MU.KA.NEE.NO.00947/2025-26
VIDE ANNEXURE P, IN THE INTEREST OF JUSTICE AND EQUITY.
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO. 6-RETURINGING OFFICER TO INCLUDE THE NAME OF
PETITIONER IN THE FINAL LIST OF ELIGIBLE VOTERS DATED
03.10.2025 ISSUED BY THE RESPONDENTS VIDE ANNEXURE M,
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
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WP No. 107747 of 2025
HC-KAR
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.
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
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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 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.
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
¸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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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
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
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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.
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
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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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
VNP/CT-ASC
