Karnataka High Court
Primary Agricultural Credit Co ... vs The State Of Karnataka on 29 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 106990 of 2025
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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. 106990 OF 2025 (CS-EL/M)
BETWEEN:
1. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LIMITED,
ADARAKATTI, TQ: LAXMESHWAR,
DIST: GADAG,
REPRESENTED BY ITS DIRECTOR/DELEGATE
VEERABHADRAPPA
S/O MAHADEVAPPA SHIGLI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: ADARAKATTI, TQ: LAXMESHWAR,
DIST: GADAG- 582 116
2. PRIMARY AGRICULTURAL
CREDIT CO-OPERATIVE SOCIEYT LIMITED,
SURANAGI, TQ: LAXMESHWAR,
DIST: GADAG,
REPRESENTED BY ITS DIRECTOR/
Digitally signed by
RAKESH S DELEGATE IRAPPA
HARIHAR
S/O GUTTEPPA MEGALAMANI,
Location: High
Court of AGE: 71 YEARS, OCC: AGRICULTURE,
Karnataka,
Dharwad Bench, R/O: SURANAGI, TQ: LAXMESHWAR,
Dharwad DIST: GADAG- 582 116.
3. PRIMARY AGRICULTURAL CREDIT
CO-OPERATIVE SOCIETY LIMITED,
AKKIGUND, TQ: LAXMESHWAR,
DIST: GADAG,
REPRESENTED BY ITS
DIRECTOR/DELEGATE
BASAVARAJ S/O RAMAPPA WALIKAR
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: AKKIGUND, TQ: LAXMESHWAR,
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DIST: GADAG- 582 116.
...PETITIONERS
(BY SRI. K.L. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATIVE
REPRESENTED BY ITS PRINCIPLE SECRETARY
M.S. BUILDING, BANGALORE- 560 001.
2. THE CO-OPERATIVE ELECTION AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
3RD FLOOR, "A" BLOCK K.H. ROAD,
SHANTINAGAR, TTMC,
BENGALURU- 560027.
3. THE RETURNING OFFICER,
LAXMESHWAR TALUK AGRICULTURAL
PRODUCERS CO-OPERATIVE MARKETING
SOCIETY LIMITED (T.A.P.C.M.S.)
LAXMESHWAR, DIST: GADAG- 582 116.
4. THE CHIEF EXECUTIVE OFFICER,
LAXMESHWAR, TALUK: AGRICULTURAL PRODUCERS CO-
OPERATIVE MARKETING SOCIETY LIMITED,
(T.A.P.C.M.S.) LAXMESHWAR,
DIST: GADAG- 582 116.
5. SATISHGOUDA S/O SHANKARGOUDA PATIL,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: F. BADNI, TQ: LAKSHMESHWAR,
DIST: GADAG.
6. NARENDRA S/O TIPPANNA JALAWADGI,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: BALEHOSUR VILLAGE,
TQ: LAKSHMESHWAR, DIST: GADAG.
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, AGA FOR R1 & R3,
SRI. G.V. BHARAMAGOUDAR, ADVOCATE FOR R2,
SRI. S.V. YAJI, ADVOCATE FOR R4, AND
SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R5 & R6)
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WP No. 106990 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUION OF INDIA IS PRAYING TO, A. ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE IMPUGNED FINAL NON-
ELIGIBLE VOTER LIST PUBLISHED BY THE 4TH RESPONDENT VIDE
ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE
THE NAME OF THE PETITIONER SOCIETIES IN THE FINAL ELIGIBLE
VOTER LIST AND TO PERMIT THE DELEGATES PETITIONER SOCIETIES
TO CONTEST AND CAST THEIR VOTE IN THE ELECTION TO THE
COMMITTEE OF MANAGEMENT OF THE 4TH RESPONDENT AS PER
ELECTION NOTIFICATION DATED 28/09/2025 ISSUED BY 3RD
RESPONDENT VIDE ANNEXURE-H BY ALLOWING THIS WRIT PETITION
IN THE INTEREST OF JUSTICE. C. TO ISSUE WRIT OF MANDAMUS
DIRECTING THE 3RD RESPONDENT TO DECLARE THE ELECTION
RESULTS OF THE 4TH RESPONDENT SOCIETY AFTER COMPLETION OF
THE ELECTION PROCESS IN ACCORDANCE WITH LAW. D. PASS SUCH
OTHER ORDER/ORDERS AS THIS HON'BLE COURT DEEMS FIT, IN THE
FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING ORDER AS TO
COSTS, IN THE INTEREST OF JUSTICE.
THIS 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
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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.
(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
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
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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.
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
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 ¸ÀAWÀPÌÉ
¥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 vÀªÄÀ UÉ
w½¸À¯ÁVzÉ.
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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
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
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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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
Vnp / CT: ASC
