Karnataka High Court
Vividhesh Prathamik Gramin Krishi ... vs The Principal Secretary on 29 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:14553
WP No. 107707 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107707 OF 2025 (CS-EL/M)
BETWEEN:
1. VIVIDHODESH PRATHAMIK GRAMIN
KRISHI SAHAKARI SANGH NIYAMIT,
SAVATGI,
TAL: KITTUR, DIST: BELAGAVI,
R/BY ITS CHAIRMAN,
SHRI. RUDRAGOUDA N. PATIL,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: SAVATGI, TAL: KITTUR,
DIST: BELAGAVI- 591104.
2. SHRI. RUDRAGOUDA S/O NINGANGOUDA PATIL,
AGE: 36 YEARS, OCC: CHAIRMAN AND MEMBER,
R/O: SAVATGI, TAL: KITTUR,
DIST: BELAGAVI- 591104.
... PETITIONERS
(BY SRI. PRANAV S. KATAGERI, ADVOCATE)
Digitally signed by AND:
RAKESH S
HARIHAR
Location: High
1. THE PRINCIPAL SECRETARY,
Court of DEPARTMENT OF CO-OPERATION,
Karnataka,
Dharwad Bench, STATE OF KARNATAKA, 6TH FLOOR,
Dharwad
M.S. BUILDING, BENGALURU -560052.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
NO.1 ALI ASKER ROAD,
BENGALURU - 560 052.
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY,
3RD FLOOR, T.T.M.C. 'A' BLOCK,
SHANTHI NAGAR, BENGALURU -560027.
REPRESENTED BY ITS COMMISSIONER.
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WP No. 107707 of 2025
HC-KAR
4. THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES, BELAGAVI,
TALUKA: BELAGAVI, DIST: BELAGAVI.
PIN CODE: 590006.
5. THE RETURNING OFFICER,
BELAGAVI DISTRICT CENTRAL
CO-OPERATIVE BANK LTD.,
DIST: BELAGAVI, PIN CODE: 590001.
6. THE DISTRICT ELECTION COMMISSIONER
DEPUTY COMMISSIONER, BELAGAVI,
DIST: BELAGAVI- 590001.
7. BELAGAVI DISTRICT CENTRAL
CO-OPERATIVE BANK LTD.,
NEAR CENTRAL BUS STAND, BELAGAVI
DIST: BELAGAVI- 590001.
R/BY ITS CHIEF EXECUTIVE OFFICER.
RESPONDENTS
(BY RAMESH CHIGARI, AGA FOR R1, R2, R5;
SRI. SHIVARAJ P. MUDHOL, ADVOCATE C/R7;
SRI. G.V.BHARAMAGOUDA, ADVOCATE FOR R3, R4, R6)
THESE WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF CONSTITUTION OF INDIA IS PRAYING TO, A. ISSUE A WRIT,
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING
THE FINAL INELIGIBLE VOTER LIST OF KITTUR CONSTITUENCY DATED
03.10.2025 (ANNEXURE-E1) TO THE EXTENT OF NON-INCLUSION OF
THE NAMES OF THE 1ST PETITIONER SOCIETY AND THE 2ND
PETITIONER (DELEGATE) PASSED BY RESPONDENT NO.7. ISSUE A
WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI
QUASHING THE IMPUGNED ENDORSEMENT DATED 10.10.2025
BEARING NO. Mu.Ka.Ni./ /2025-26 NO. 00968, ISSUED BY THE
RESPONDENT NO.7 VIDE ANNEXURE-F. ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENTS TO INCLUDE THE NAME OF THE 1 PETITIONER
SOCIETY AND 2ND PETITIONER IN THE VALID VOTER LIST VIDE
ANNEXURE-E AND TO PERMIT IT TO VOTE IN THE ELECTION
SCHEDULED ON 19.10.2025 AS PER CALENDAR OF EVENTS
PRODUCED AT ANNEXURE-A DATED 30.09.2025 PASSED BY
RESPONDENT NO.5 OR D AND ETC.,
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NC: 2025:KHC-D:14553
WP No. 107707 of 2025
HC-KAR
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. 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 days
before the ate of election.
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(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.
11. The Hon'ble Supreme Court in Shri Sant Sadguru
Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak
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.
NC: 2025:KHC-D:14553
HC-KAR
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 Societies Act . However, in 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
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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 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.
(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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HC-KAR
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-GTB
