Writ Petition No. 133 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 133 OF 2025 (CS-EL/M) C/W WRIT PETITION NO. 569 OF 2025 (CS-EL/M) WRIT PETITION NO. 986 OF 2025 (CS-EL/M) WRIT PETITION NO. 996 OF 2025 (CS-EL/M) IN WP No. 133/2025 BETWEEN: B.K. MANJU, S/O B.R. KRISHANAPPA, AGED ABOUT 51 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHANKA TALUK BANGALORE - 562 149. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA (BY SRI. RAJU C.N, ADVOCATE) AND: …PETITIONER 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T T M C 'A' BLOCK, - 2 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 SHANTHINAGARA, K H ROAD, BENGALURU - 560 027 REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO OPERATIVE SOCIETIES IN KARNATAKA NO.01, ALI ASKAR ROAD, BENGALURU - 560 001. 4. THE ELECTION OFFICER AND DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES BANGALORE DISTRICT BANGALORE - 560 001. 5. RETURNING OFFICER BANDIKODIGEHALLI PRIMARY AGRICULTURAL FARMERS CO OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALA HOBLI, YELAHANKA TALUK BANGALORE - 562 149. 6. BANDIKODEGHALLI PRIMARY AGRICULTURAL FARMERS CO OPERATIVE SOCIETY BANDIKODIGEHALLI, JALA HOBLI, YELAHANKA TALUK BANGALORE - 562 149. REPRESENTED BY ITS MANAGER (CO-OPERATION INSTITUTION REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCITIES ACT, 1959 AND RULES, 1960.) (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R4; SRI. SAILESH S.K, ADVOCATE FOR R6) …RESPONDENTS - 3 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 PERMIT THE PETITIONER TO EXERCISING HIS VOTE AND CONTEST IN THE ELECTION TO BE HELD ON 19.01.2025 VIDE ANNX-A TO THE BOARD TO DIRECTORS OF THE R-6 AND ETC., IN WP NO. 569/2025 BETWEEN: RANGAPPA S/O VENKATESH, AGED ABOUT 51 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149. ...PETITIONER (BY SRI. PRAKASHA H.C, ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGARA, K.H.ROAD, BENGALURU - 560 027, REPRESENTED BY ITS COMMISSIONER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO1. ALI, ASKAR ROAD, - 4 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 4. 5. 6. BENGALURU - 560 001. THE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DISTRICT, BANGALORE - 560 001. RETURNING OFFICER, BANDIKODIGEHALLI PRIMARY AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALAHALLI HOBLI, YELAHANKA TALUK, BANGALORE - 562 149. BANDIKODIGEHALLI PRIMARY AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALAHALLI HOBLI, YELAHANKA TALUK, BANGALORE - 562 149 REPRESENTED BY ITS MANAGER. (CO-OPERATION INSTITUTION REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND RULES, 1960.) ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R4; SRI. SAILESH S.K, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 PERMIT THE PETITIONER TO EXERCISING HIS VOTE AND CONTEST IN THE ELECTION TO BE HELD ON 19.01.2025 VIDE ANNX-A TO THE BOARD OF DIRECTORS OF THE R-6 AND ETC., - 5 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 IN WP NO. 986/2025 BETWEEN: 1. 2. 3. 4. PUTTARAJU B P S/O PILAPPA, AGED ABOUT 30 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.22 BANGALORE - 562 149. RAJAMMA W/O RAMESH AGED ABOUT 60 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.2 BANGALORE - 562 149. SUDHA.J W/O SRINIVAS, AGED ABOUT 40 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.5 BANGALORE - 562 149. SUJATHA.K W/O SUBRAMANY.J AGED ABOUT 60 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.10 BANGALORE - 562 149. 5. CHANDRAKALA, W/O B.M.NAGARAJU, AGED ABOUT 55 YEARS, - 6 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 6. 7. 8. 9. BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.13 BANGALORE - 562 149. PRATHIBA P W/O SURESH. B.M AGED ABOUT 35 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.20 BANGALORE - 562 149 PADMA W/O DAVYAPPA.B.M. AGED ABOUT 38 YEARS. BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.24 BANGALORE-562 149. BHARGAV.B.D S/O DAVAPPA.B.M AGED ABOUT 21 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.25 BANGALORE - 562 149 CHIKKAMARAPPA S/O KAYATHAPAPPA, AGED ABOUT 70 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.30 BANGALORE - 562 149 10. NANDAKISHORE S/O PUTAPPA AGED ABOUT 25 YEARS, - 7 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.35 BANGALORE - 562 149 11. HANUMANTHARAJU, S/O NARASHIMAIAH, AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.36 BANGALORE - 562 149 12. HEMA W/O HANUMANTHARAJU AGED ABOUT 38 YEARS BANDIKODIGEHALLY VILLAGE JALA HOBLI, YELAHANKA TALUK SERILA NO. 37 BANGALORE - 562 149. 13. PARVATHAMMA W/O RAJEGOWDA AGED ABOUT 60 YEARS BANDIKODIGEHALLY VILLAGE JALA HOBLI, YELAHANKA TALUK SERIAL NO. 38 BANGALORE - 562 149. 14. LASKHMAMMA W/O BYREGOWDA AGED ABOUT 55 YEARS BANDIKODIGEHALLY VILLAGE JALA HOBLI, YELAHANKA TALUK SERIAL NO. 42 BANGALORE - 562 149. - 8 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 15. B.M. MUNIRAJU S/O MUNIYAPPA, AGED ABOUT 65 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.44 BANGALORE - 562 149 16. B.K. GOPALAIAH S/O KENCHAPPA, AGED ABOUT 70 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.49 BANGALORE - 562 149 17. B.N. KANTHARAJU, S/O B.K. NARAYUANSWAMY AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.58 BANGALORE - 562 149. 18. K. NARASAPPA S/O KEMPANNA AGED ABOUT 68 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.59 BANGALORE- 562 149 19. PRAMILAMMA WO K.NARASAPPA, AGED ABOUT 63 YEARS, BANDIKODIGEHALLY VILLAGE. JALA HOBLI, YELAHNKA TALUK, SERIAL NO.60 BANGALORE - 562 149 - 9 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 20. SHUKUTHALA MURTHY. W/O B.G. KRISHNAMURTHY AGED ABOUT 70 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.62 BANGALORE - 562 149 21. SATHYANARYANAMURTHY S/O KEMPANNA AGED ABOUT 68 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.63 BANGALORE - 562 149 22. SAMPANGI S/O NARAYANAPPA, AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.64 BANGALORE - 562 149 23. NARAYANAMMA W/O B.M. MUNIRAJU AGED ABOUT 59 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.67 BANGALORE - 562 149 24. NAGARAJU S/O BADIGAPPA, AGED ABOUT 58 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.73 BANGALORE - 562 149 - 10 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 25. MUNIRAJU S/O VENKATAPPA, AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.79 BANGALORE - 562 149. 26. S PRAMILA W/O B.V.SATHYANARAYANA, AGED ABOUT 60 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.83 BANGALORE - 562 149 27. GOWRAMMA W/O RANGAPPA AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.84 BANGALORE - 562 149 28. B.M.PRAKSH S/O MARAPPA, AGED ABOUT 50 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.586 BANGALORE - 562 149 29. B M MURTHY S/O K.MARAPPA, AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.87 BANGALORE - 562 149 - 11 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 30. B.M. RAMESH S/ K. MARAPPA AGED ABOUT 40 YEARS, BANDIKODIGEHALLY VILLAGE, JALAHOBIL, YELAHNKA TALUK, SERIAL NO.88 BANGALORE - 562 140. 31. SHANTHAMMA W/O JAYARAMAHIA. AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE. JALA HOBLI, YELAHNKA TALUK, SERIAL NO.89 BANGALORE - 562 149. 32. VEENA, W/O MUNIRAJU AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.91 BANGALORE - 562 149 33. RAJAMMA W/O LATE P.CHANDRASHEKAR, AGED ABOUT 65 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.95 BANGALORE - 562 149. 34. D. MUNIYAPPA, S/O DASAPPA, AGED ABOUT 76 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 101 BANGALORE - 562 149 - 12 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 35. SURAYAKALA W/O JLYAPPA AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 106 BANGALORE - 562 149. 36. ANCHE DASAPPA, S/O ANCHE APPANNA, AGED ABOUT 90 YEARS, BANDIKODIGEHELLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 108 BANGALORE-562 149 37. GOPALAPPA S/O NARAYANAPPA AGED ABOUT 62 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.110 BANGALORE-562 149 38. B.K.ANJINAPPA S/O.KRISHNAPPA AGED ABOUT 70 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.113 BANGALORE - 562 149 39. B.H. RANGASWAMY S/O CHIKKAHANUMANTHARAYAPPA, AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.114 BANGALORE - 562 149 - 13 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 40. B.N.RAJKUMAR S/O B.NARAYANASWAMY AGED ABOUT 68 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 116 BANGALORE-562 149 41. ANCHEKADRIPPA S/O APPANAPPA, AGED ABOUT 85 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 128 BANGALORE- 562 149 42. B.K. NARAYANAGOWDA S/O B.R.KRISHNAPPA AGED ABOUT 40 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 130 BANGALORE-562 149 43. B.K. PRASANAKUMAR S/O B.R.KRISHNAPPA AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.131, BANGALORE-562 149 44. K.M. RASHMI, W/O B.K.MANJU AGED ABOUT 35 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 132 BANGALORE - 562 149 - 14 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 45. C. CHRANKUMR, S/O B.N.CHANDRASHEKAR, AGED ABOUT 35 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 139 BANGALORE-562 149 46. B.H.GANGHADAR S/O HANUMANTHARAYAPPA AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.140 BANGALORE - 562 149 47. B.P.RAJANNA S/O H. PAPANNA AGED ABOUT 56 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 141 BANGALORE - 562 149 48. ANANDRAO.B.K S/O KRISHNARAO AGED ABOUT 69 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 143 BANGALORE - 562 149 49. SHYALAJA W/O NARASHIMMA AGED ABOUT 45 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 149 BANGALORE - 562 149 - 15 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 50. MNGALAMMA, W/O SIDDAPAIAH, AGED ABOUT 50 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 152 BANGALORE - 562 149 51. KIRANKUMAR S/O B.V.NARASHIMAMURTHY AGED ABOUT 30 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 155 BANGALORE - 562 149. 52. B.C. NAVEENKUMAR S/O B.N.CHANDRASHEKAR, AGED ABOUT 28 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 156 BANGALORE - 562 149. 53. ANJANAMMA W/O D.KRISHNAPPA, AGED ABOUT 65 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANDIKODIGEHALLY VILLAGE, SERIAL NO. 165 BANGALORE - 562 149 54. MAMATHA N W/O B.D. PRAKSH, AGED ABOUT 35 YEARS, BANDIKODIGEHALLY VILLAGE. JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 166 BANGALORE-562 149 - 16 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025
Legal Reasoning
The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of - 56 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 Karnataka, Department of Co Operation and others1 (B Ganganna) had given deliberate consideration to the provisions of Rule 13-D of the KCS Rules, 1960 and adjudication of dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959 (‘KCS Act, 1959’ for short). The Co-Ordinate Bench of this Court framed the following points for consideration at paragraph No.9, which reads as under: “9. In the light of the contentions raised, the following questions arise for consideration; (a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule 14) to redo the voters’ list for violation of Rule 13- D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters’ list? (b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960? (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. 1 ILR 2024 KAR 1901 - 57 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 9. The Co-Ordinate Bench after giving deliberate consideration to various judgments has held at paragraph Nos.50 and 51 as under: “50. For the reasons recorded, this Court concludes as under: (a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll. (b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election. (c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium - 58 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 (d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases. 51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters’ list prepared during the pendency of the petition. Hence, the following:
Arguments
55. B.S. SRINIVASARAO, S/O B.S. NAGARAJARAO, AGED ABOUT 53 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.171 BANGALORE - 562 149. 56. B.K.NAGARAJU, S/O KADRIPAPPA, AGED ABOUT 55 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 172 BANGALORE - 562 149 57. LAKSHMINARAYA, S/O K.JAYARAMU, AGED ABOUT 42 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 174 BANGALORE-562 149 58. NAGAVENI, W/O VINOD.R AGED ABOUT 30 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 180 BANGALORE-562 149 59. VINOD S/O RANGAPPPA, AGED ABOUT 35 YEARS BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.181 BANGALORE-562 149 - 17 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 60. GOWRAMMA W/O RANGAPPA, AGED ABOUT 57 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.182 BANGALORE-562 149 61. SUBRAMANI S/O CHANDRASHEKAR AGED ABOUT 30 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 183, BANGALORE-562 149 62. MAHESH S/O VEERANAGAPPA, AGED ABOUT 40 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 185, BANGALORE - 562 149 63. SANTHOSH.R S/O RAJAPPA, AGED ABOUT 35 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 186, BANGALORE - 562 149. 64. KRISHNAMURTHY S/O ANANDRAO AGED ABOUT 50 YEARS, BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 188 BANGALORE - 562 149 - 18 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 65. BYREGOWDA S/O ASHWAPPA AGED ABOUT 55 YEARS, MYLANAHALLI VILLAGE, JALAHOBILI, YELAHNKA TALUK, SERIAL NO. 192 BANGALORE-562 149 66. PRATHIBA.N W/O BYREGOWDA, AGED ABOUT 41 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.193 BANGALORE-562 149 67. MUNEGOWDA S/O AHANTHAPPA, AGED ABOUT 35 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 194 BANGALORE - 562 149 68. HONAMMA, W/O CHANAPPA, AGED ABOUT 57 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 197 BANGALORE - 562 149 69. SHIVANANDHAMURTHY S/O NARAYANAPPA, AGED ABOUT 58 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.200 BANGALORE-562 149 - 19 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 70. PREMAKUMARI, W/O MUNIRAJU.P AGED ABOUT 54 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.201 BANGALORE-562 149 71. NETHRA B.M, WO HANARADHAN P AGED ABOUT 38 YEARS, MYLANAHALLI VILLAGE, JALA HOBILI, YELAHNKA TALUK, SERIAL NO.204 BANGALORE-562 149 72. B.M.ASHWATHIAH S/O DODDAMUNIYAPPA, AGED ABOUT 59 YEARS. MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.207 BANGALORE - 562 149 73. MEENAKSHI, W/O MADHEGOWDA.P AGED ABOUT 44 YEARS. MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.208 BANGALORE - 562 149 74. THIMMARAYAPPA S/O DODDAMUNIYAPPA, AGED ABOUT 48 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.209 BANGALORE - 562 149 - 20 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 75. 76. JAGADISHA S/O SHIVANNA K AGED ABOUT 46 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.210 BANGALORE - 562 149 LAKSHAMAMMA W/O PRABKHAR, AGED ABOUT 54 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.211 BANGALORE - 562 149 77. T.M NAGARJU S/O MUNISHANAPPA APED ABOUT 59 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.215, BANGALORE - 552 140 78. N.NAGESH NARAYANASWAMY, AGED ABOUT 44 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.221, BANGALORE - 562 149 79. ANAND S/O RAJANNA AGED ABOUT 48 YEARS. MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK. SERIAL NO.222 BANGALORE -562 149 - 21 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 80. AMBRISH S/O RAJANNA AGED ABOUT 46 YEARS. MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.223 BANGALORE - 562 149 81. RAVIKUMAR, S/O MAHURANDAGOWDA, AGED ABOUT 52 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.224 BANGALORE - 562 149 82. SHAKUNTHALARAJU W/O GOVINDRAJU.R AGED ABOUT 50 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.227 BANGALORE - 562 149 83. AMBUJAKSHI, W/O SRINIVASA, AGED ABOUT 52 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.228 BANGALORE - 562 149 84. V.CHANDRAPPA, S/O VENKATARAMANAPPA, AGED ABOUT 54 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.231 BANGALORE-562 149 - 22 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 85. NAGAVENI W/O N.RAMESH, AGED ABOUT 44 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.235 BANGALORE-562 149 86. JAYARAMAIAH S/O BASAPPA AGED ABOUT 58 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.242 BANGALORE - 562 149 87. G.VENKATARAYAPPA, S/O GURAPPA, AGED ABOUT 46 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.244 BANGALORE - 562 149 88. A.PRAKSH, S/O APPAHIAPPA, AGED ABOUT 44 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.245 BANGALORE - 562 149 89. CHANNAKESHAVA, S/O LATE NARAYANAPPA AGED ABOUT 46 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.247 BANGALORE - 562 149 - 23 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 90. MANJUNATHA, S/O ASHWATHAPPA, AGED ABOUT 49 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.248 BANGALORE - 562 149 91. PARAVATHAMMA, W/O JAYARAMAHIA, AGED ABOUT 50 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.251 BANGALORE - 562 149 92. HANUMANTHAPPA S/O MUNISHAMANAPPA, AGED ABOUT 70 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.258 BANGALORE - 562 149 93. M.N. NAGARAJU S/O NARAYANAPPA AGED ABOUT 43 YEARS MYLANAHALLI VILLAGE, JALA HOBLI YELAHANKA TALUK, SERIAL NO. 266 BANGALORE - 562 149 94. N RAMESH S/O LATE NARAYANAPPA AGED ABOUT 48 YEARS MYLANAHALLI VILLAGE, JALA HOBLI YELAHANKA TALUK, SERIAL NO. 268 BANGALORE - 562 149 - 24 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 95. SRINIVAS, S/O THIMMARAYAPPA, AGED ABOUT 40 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.269 BANGALORE - 562 149 96. ANILKUMAR, S/O A.NARAYANSWAMY, AGED ABOUT 40 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.271 BANGALORE - 562 149 97. PRAVEENKUMAR, S/O A.NARAYANASWAMY, AGED ABOUT 36 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.272, BANGALORE - 562 149 98. S. PRAKSH S/O SONAPPA, AGED ABOUT 48 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.275. BANGALORE - 562 149 99. AMBIKA, W/O RAJKUMAR, AGED ABOUT 43 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.276 BANGALORE - 562 149 - 25 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 100. A. RAJKUMAR, S/O APPYAPPA, AGED ABOUT 48 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.277 BANGALORE - 562 149 101. NALINAPRAKSH, W/O PRAKSH, AGED ABOUT 43 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.278 BANGALORE - 562 149 102. KANTHARAJU, S/O THIMMEGOWDA, AGED ABOUT 49 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK. SERIAL NO.285, BANGALORE - 562 149 103. NALINAKSHI, W/O KANTHARAJU AGED ABOUT 50 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.286 BANGALORE - 562 149 104. RANJITH, S/O KANTHARAJU AGED ABOUT 32 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.288 BANGALORE - 562 149 - 26 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 105. MILANA K D/O KANTHARAJU AGED ABOUT 22 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.289 BANGALORE - 562 149 106. M A MOHAN S/O ANJINAPPA, AGED ABOUT 40 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.292 BANGALORE - 562 149 107. MEGHANA.C.N WO MOHAN AGED ABOUT 33 YEARS, MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.293 BANGALORE - 562 149 108. VENKATESH, S/O DODDAMUNIYAPPA, AGED ABOUT 52 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.295 BANGALORE - 562 149 109. MANJUNATHA, S/O DODDAMUNITHIMAIAH, AGED ABOUT 55 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.297, BANGALORE - 562 149, - 27 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 110. V.SHIVANNA, S/O MUNISHAMAPPA, AGED ABOUT 50 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.298 BANGALORE - 562 149 111. D.BASAVARAJU S/O DODDAMUNITHIMAIAH AGED ABOUT 42 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.300 BANGALORE - 562 149 112. B.PILLAHIAH, S/O DODDAMUNIYAPPA, AGED ABOUT 65YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.301 BANGALORE - 562 149 113. P.NAGAPPA 6/O PILAPAPALAH, AGED ABOUT 58 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.302, BANGALORE - 562 149 114. H. PUSHPAVATHI W/O B.M.SHIVANNA, AGED ABOUT 63 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.310, BANGALORE-562 149 - 28 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 115. HOSAMUNIYAPPA, S/O MUNISHAMAPPA, AGED ABOUT 70 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.312, BANGALORE-562 149 116. MAHESHA.B S/O BYRANNA AGED ABOUT 35 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.313 BANGALORE - 562 149 117. BHARATH S/O RAMASWAMY.K AGED ABOUT 36 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.315 BANGALORE - 562 149 118. KUSUMA W/O M.KEMPANNA, AGED ABOUT 45 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.319 BANGALORE - 562 149 119. ASHWATH, S/O KUNTSTHIMAHLA, AGED ABOUT 45 YEARS, B.K. PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.314 BANGALORE - 562 149 - 29 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 120. P.K. SUBRAMANI S/O KRISHNAPPA AGED ABOUT 50 YEARS, B.K. PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.320 BANGALORE - 562 149 121. PAVITHRA W/O P.K.SUBRAMANI, AGED ABOUT 40 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.321 BANGALORE - 562 149 122. MUNISHAMAPPA, S/O DODDAMUNITHIMAIAH, AGED ABOUT 59 YEARS, B.K.PALYA VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.303 BANGALORE - 562 149 123. NAGAMMA W/O GOPALAPPA, AGED ABOUT 65 YEARS, BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.377 BANGALORE - 562 149 124. C. RAMESH S/O CHIKKAVONKARAYAPPA, AGED ABOUT 55 YEARS, BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.386 BANGALORE - 562 149 - 30 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 125. B.M. KRISHNAPPA S/O MUNIVENKATAPPA, AGED ABOUT 50 YEARS, BOLLAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 389 BANGALORE - 562 149 126. B.K.MUNEGOWDA. S/O KEMPANNA. AGED ABOUT 43 YEARS, BOILAHALLI VILLAGE, JALALHOBLI, YELAHNKA TALUK, SERIAL NO.392 BANGALORE - 562 149 127. THILAKKUMAR. S/O M.RAMESH AGED ABOUT 35 YEARS, KADAYARAPANA HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.403 BANGALORE - 562 149 128. SOUNDHARYA W/O DIVIKA, AGED ABOUT 26 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.404, BANGALORE - 562 149 129. L.MUNIRAJU S/O LACHANNA, AGED ABOUT 54 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.405, BANGALORE - 562 149 - 31 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 130. K.B.PILLEGOWDA S/O BADIGAPPA, AGED ABOUT 54 YEARS, KADAYARAPANA HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.406, BANGALORE - 562 149 131. NIRAMALAMMA, W/O HANUMANTHAPPA, AGED ABOUT 55 YEARS, KADAYARAPANA HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.408 BANGALORE - 562 149 132. MEENAMMA W/O MUNIYAPPA, AGED ABOUT 55 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.411 BANGALORE - 562 149 133. K.N.MUNIRAJU S/O NARAYANAPPA, AGED ABOUT 54 YEARS, KADAYARAPANA HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.413 BANGALORE - 562 149 134. M. KRISHNAPPA, S/O MUNIYAPPA AGED ABOUT 41 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.415 BANGALORE - 562 149 - 32 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 135. NARASHIMAIAH S/O RAJACHARI, AGED ABOUT 42 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.416, BANGALORE - 562 149 136. D.N. PADMANABHACHAR, S/O NARAYANMASWAMY, AGED ABOUT 62 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.420, BANGALORE-562 149 137. KS SUBRAMANI S/O SHESHACHAR, AGED ABOUT 59 YEARS, KADAYARAPANA HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.421, BANGALORE - 562 149 138. K.N.MUNIRAJU, S/O NARAYANASWAMY, AGED ABOUT 41 YEARS, KADAYARAPANA HALLI, VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.427, BANGALORE - 562 149 139. MALATHI W/O NATARAJ, AGED ABOUT 36 YEARS, KADAYARAPANA HALLI, VILLAGE, JALA HOBLI, YELAHNKA TALUK, S ERIAL NO.428, BANGALORE - 562 149 (BY SRI. RAJU C.N, ADVOCATE) ...PETITIONERS - 33 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 AND: 1. 2. 3. 4. 5. 6. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGARA, K.H.ROAD, BENGALURU - 560 027, REPRESENTED BY ITS COMMISSIONER. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO1. ALI ASKAR ROAD, BENGALURU - 560 001. THE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DISTRICT, BANGALORE - 560 001. RETURNING OFFICER BANDIKODIGEHALLI PRIMARY AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALAHALLI HOBLI, YELAHANKA TALUK, BANGALORE - 562 149. BANDIKODIGEHALLI PRIMARY AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALAHALLI HOBLI, YELAHANKA TALUK, BANGALORE - 562 149 REPRESENTED BY ITS MANAGER. (CO-OPERATION INSTITUTION REGISTERED UNDER THE PROVISIONS OF KARNATAKA - 34 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 CO-OPERATIVE SOCIETIES ACT, 1959 AND RULES, 1960.) ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 AND R4; SRI. SAILESH S.K, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 PERMIT THE PETITIONERS TO EXERCISING THEIR VOTE IN THE ELECTION TO BE HELD ON 19.01.2025 VIDE ANNX-A TO THE BOARD OF DIRECTORS OF THE R-6 AND ETC., IN WP NO. 996/2025 BETWEEN: 1. 2. M. SHAMANNA S/O MUNIYAPPA AGED ABOUT 59 YEARS, SERIAL NO.8 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 B.K.MUNIRAJU, S/O KEMPANNA AGED ABOUT 45 YEARS, SERIAL NO.11 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 3. PUTTAMMA W/O NARASHIMAHIA, - 35 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 AGED ABOUT 55 YEARS, SERIAL NO.16 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 B.P.MUNIRAJU S/O KEMPANNA, AGED ABOUT 65 YEARS, SERIAL NO.17 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 A. PRATHIMA W/O B.M. PRAKSHA AGED ABOUT 40 YEARS, SERIAL NO.20 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 B.D. PRAKSHA S/O DASAPPA AGED ABOUT 35 YEARS, SERIAL NO.21 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 ANURADHA, W/O SUBRAMANI, AGED ABOUT 40 YEARS, SERIAL NO.22 R/AT BANDIKODIGEHALLY VILLAGE, 4. 5. 6. 7. - 36 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 8. 9. JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 GOPALAKRISHNA, S/O SRIKANTAHIA, AGED ABOUT 65 YEARS, SERIAL NO.23 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 DODDARANGAPPA S/O MUNIRANGAPPA AGED ABOUT 65 YEARS, SERIAL NO.24 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 10. CHANDRAPPA, S/O PAPAIAH AGED ABOUT 59 YEARS, SERIAL NO.25 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 11. S. JIYAPPA S/O SONAPPA AGED ABOUT 55 YEARS, SERIAL NO.12 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 - 37 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 12. B.C.THYAGARAJ, S/O B.M.CHANDREGOWDA, AGED ABOUT 40 YEARS, SERIAL NO.16 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 13. B.R. RAJANNA, S/O RAMANNACHAR, AGED ABOUT 59 YEARS, SERIAL NO.90 R/AT BOILAHALLI HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149. 14. MUKUNDA, W/O LATE NARAYANAPPA AGED ABOUT 59 YEARS, SERIAL NO.91 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 15. MANJULA, W/O B.K.SHIVANNA AGED ABOUT 59 YEARS, SERIAL NO.92 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 16. SAROJAMMA W/O JAYARAMAIAH, AGED ABOUT 55 YEARS, SERIAL NO.96 - 38 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 17. ANANDAMMA W/O MUKUNDA, AGED ABOUT 55 YEARS, SERIAL NO.98 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 18. M.NARAYANAMMA W/O LATE NARAYANAPPA AGED ABOUT 59 YEARS, SERIAL NO.83 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 19. K.KRISHNAPPA S/O KODEPPA, AGED ABOUT 65 YEARS, SERIAL NO.83 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 20. NARAYANAPPA, S/O MUNISHAMAPPA, AGED ABOUT 70 YEARS, SERIAL NO.77 R/AT BOILAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 21. BYRAPPA S/O MUNIKULAPPA AGED ABOUT 59 YEARS, SERIAL NO.30 - 39 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 R/AT MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 22. NARAYANAMMA W/O APAYAPPA AGED ABOUT 65 YEARS, SERIAL NO. 16 R/AT MYLANAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 23. SUMITHRAMMA W/O BACHEGOWDA, AGED ABOUT 48 YEARS, SERIAL NO. 16 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 24. SOMANNA, W/O BACHEGOWDA, AGED ABOUT 65 YEARS, SERIAL NO.36 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 25. MARAPPA.S S/O SHANIVARAPPA, AGED ABOUT 50 YEARS, SERIAL NO.33 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 26. HEMAVATHI W/O VENKATESH, AGED ABOUT 39 YEARS, - 40 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 SERIAL NO.32 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 27. M. DASAPPA W/O BACHEGOWDA, AGED ABOUT 63 YEARS, SERIAL NO.52 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 28. R.NAGESH, S/O RAMANNA AGED ABOUT 39 YEARS, SERIAL NO.46 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 29. CHOKEGOWDA S/O NARAYANAPPA AGED ABOUT 51 YEARS, SERIAL NO.41 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 30. NARAYAMMA W/O APPAYAPPA, AGED ABOUT 65 YEARS, SERIAL NO.47 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 - 41 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 31. HANUMAKKA W/O ANJINAPPA AGED ABOUT 39 YEARS, SERIAL NO.46 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 32. HANUMANTHARAJU, S/O NARASHIMARAJU, AGED ABOUT 51 YEARS, SERIAL NO.42 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 33. VEERABHADRAPPA, S/O CHANNAIAH AGED ABOUT 62 YEARS, SERIAL NO.40 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 34. SRIRAM S, S/O SHANIVARAPPA AGED ABOUT 48 YEARS, SERIAL NO.34 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 35. JAGADISH, S/O CHANAPPA, AGED ABOUT 35 YEARS, SERIAL NO.34 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 - 42 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 36. V.KRISHNAMURTHY S/O VENKATRAYAPPA AGED ABOUT 52 YEARS, SERIAL NO.39 R/AT MYINAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 37. A.NARAYANASWAMY, S/O ANJINAPPA, AGED ABOUT 70 YEARS, SERIAL NO.37 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 38. SHIVANNA S/O KADARAPPA AGED ABOUT 39 YEARS, SERIAL NO.46 R/AT MYLNAHALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 39. MOTAPPA S/O MOTIMUNISHAMAPPA, AGED ABOUT 69 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.116 BANGALORE - 562 149 40. NATARAJU, S/O NARAYANACHARI AGED ABOUT 46 YEARS, KADAYARAPANA HALLI VILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO.117 BANGALORE - 562 149 - 43 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 41. AMBARISH S/O OBALAPPA AGED ABOUT 35 YEARS, KADAYARAPANA HALLIVILLAGE, JALA HOBLI, YELAHNKA TALUK, SERIAL NO. 106, BANGALORE - 562 149 42. MUNIRAJU.P.M S/O MUNIYAPAA, AGED ABOUT 55 YEARS, SERIAL NO.58 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 43. SARASWATHI.N W/O MUNIRAJU AGED ABOUT 50 YEARS, SERIAL NO.57 R/AT BANDIKODIGEHALIY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 44. H.NARANASWAMY S/O HONAPPA AGED ABOUT 75 YEARS, SERIAL NO.59 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 45. A KRISHNAPPA S/O PILAPPA AGED ABOUT 40 YEARS, SERIAL NO.64 - 44 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 46. PILLAHIA, S/O VENKATARAMANAPPA AGED ABOUT 70 YEARS, SERIAL NO.55 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 47. SARASWATHI W/O A.SHINAPPA AGED ABOUT 45 YEARS, SERIAL NO.63 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 48. T.BYRANNA S/O LATE THAMANNA AGED ABOUT 75 YEARS, SERIAL NO.60 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 49. NARASHAMMA W/O KUNTATIMAHIA, AGED ABOUT 70 YEARS, SERIAL NO.65 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 - 45 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 50. KRISHNAPPA S/O PILAPPA AGED ABOUT 70 YEARS, SERIAL NO.66 R/AT BANDIKODIGEHALLY VILLAGE, JALA HOBLI, YELAHNKA TALUK, BANGALORE - 562 149 ...PETITIONERS (BY SRI. RAJU C.N, ADVOCATE) AND: 1. 2. 3. 4. 5. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, T.T.M.C. 'A' BLOCK, SHANTHI NAGARA, K.H.ROAD, BENGALURU - 560 027, REPRESENTED BY ITS COMMISSIONER. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1, ALI ASKAR ROAD, BENGALURU - 560 001. THE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DISTRICT, BANGALORE - 560 001. RETURNING OFFICER, BANDIKODIGEHALLI PRIMARY AGRICULTURAL - 46 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 FARMERS CO-OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALAHALLI HOBLI, YELAHANKA TALUK, BANGALORE - 562 149 6. BANDIKODIGEHALLI PRIMARY AGRICULTURAL FARMERS CO-OPERATIVE SOCIETY, BANDIKODIGEHALLI, JALAHALLI HOBLI, YELAHANKA TALUK, BANGALORE - 562 149 REPRESENTED BY ITS MANAGER, (CO-OPERATION INSTITUTION REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND RULES, 1960.) ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 TO R5; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; SRI. SAILESH S.K, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 27 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO 6, PERMIT THE PETITIONERS TO EXERCISING THEIR VOTES IN THE ELECTION TO BE HELD ON 19.01.2025 VIDE ANN-A TO THE BOARD OF DIRECTORS OF THE R6 AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 47 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 ORAL ORDER The petitioner in WP No.133/2025 seeking for the following prayers: "i) Issue a writ of Mandamus directing the Respondents No.2 to 6, permit the petitioner to exercising his vote & contest in the election to be held on 19-01-2025 Vide ANNEXURE"A". to the Board of Directors of the 6th Respondent and (ii) To pass any appropriate writ, order or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity." 2. The petitioner in WP No.569/2025 seeking for the following prayers: "i) Issue a writ of Mandamus directing the Respondents No.2 to 6, permit the petitioner to exercising his vote & contest in the election to be held on 19-01-2025 Vide ANNEXURE"A". to the Board of Directors of the 6th Respondent and (ii) To pass any appropriate writ, order or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity." - 48 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 3. The petitioners in WP No.986/2025 seeking for the following prayers: "i) Issue a writ of Mandamus directing the Respondents No.2 to 6, permit the petitioner to exercising their vote in the election to be held on 19-01-2025 Vide ANNEXURE"A". to the Board of Directors of the 6th Respondent and (ii) To pass any appropriate writ, order or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity." 4. The petitioners in WP No.996/2025 seeking for the following prayers: "i) Issue a writ of Mandamus directing the Respondents No.2 to 6, permit the petitioner to exercising their vote in the election to be held on 19-01-2025 Vide ANNEXURE"A". to the Board of Directors of the 6th Respondent and (ii) To pass any appropriate writ, order or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity." - 49 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 5. This Court, by way of interim arrangement on 09.01.2025 in WP No.113/2025 and on 10.01.2025 in WP No.569/2025, permitted the petitioners to contest and cast their votes in the election of respondent No.6-Society. This Court, on 17.01.2025 in WP No.986/2025 and in WP No.996/2025, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 19.01.2025 to the Board of Directors of respondent No.6- Society subject to the final outcome of these writ petitions. 6. The challenge in these writ petitions is on the premise that notice under Rule 13 of the Karnataka Co- Operative Societies Rules, 1960 (‘the KCS Rules, 1960’ for short) is not issued. 7. Rule 13-D of the KCS Rules, 1960 reads as under: “13-D. Preparation of electoral rolls and calendar of events.–(1) Election Officer shall, after due verification, send a consolidated list of all co- operative societies in the district where elections are - 50 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.– (a) the name and address of the society; (b) number of elected directors of the board; (c) the date of expiry of the term of office of the board; (d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority. (2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co- operative societies indicating the name and address of each society. (2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.– (i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of members not attending three out of the last - 51 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years. (ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice. (iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer. (iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election - 52 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 officer between thirty days to sixty days from the date of notice to get the remedy. v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters. (vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election. (3) The Election Officer shall take steps for publication of voters list in the following manner, namely.– (a) for publication of draft eligible 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 date of election; (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. - 53 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 (4) It shall be the duty of every society to furnish correct information required by the Election Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority. (5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,– (a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member; (b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society, - 54 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may require, at least sixty days before the date of election. (6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5). (7) The final electoral roll shall consist of the following,– (a) all the individual members with right to vote in respect of a primary co-operative society; or (b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or (c) all the delegates of the member societies with right to vote in respect of a federal and an apex society. - 55 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 (8) The copy of such electoral roll in respect of each society shall be kept open for inspection in the office of such society as also in the office of the Election Officer. (9) The election calendar of events for general election of directors of the board shall provide for.– (a) date of notification inviting nomination; (b) last date for receipt of nomination; (c) date and time for scrutiny of nomination; (d) date and time for publication of list of validly nominated candidates; (e) date and time for withdrawal of nomination papers; (f) Date and time for publication list of contesting candidates; (g) Date and time for allotment of symbols and publication of contesting candidates with symbols; (h) Date and time of poll; (i) Date and time of counting and declaration of results.” 8.
Decision
ORDER Writ petition is disposed of on the following terms: (i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results. (ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959. (iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative - 59 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters’ list and impact on the election to the Board of the 6th respondent – Bank. (iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised.” 10. Section 70 of the KCS Act, 1959 reads as under: “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) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board - 60 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 or any officer, agent or employee of the society, or (c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co- operative society, or a credit agency. such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. (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) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; - 61 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society. (d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its - 62 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 board, past or present whether such loss be admitted or not. (3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) x x x x x (5) x x x x x” 11. The plain reading of Section 70 makes it clear that an extensive and exhaustive mechanism is provided under the aforesaid Section and the authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the elections, whether the petitioners are the eligible voters and have paid membership dues, or annual general body meetings are attended or availed the minimum services are all questions of fact, which have to be decided under Section 70 of the KCS Act, 1959 and the writ petition under Article 226 of the Constitution of India - 63 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 to challenge the electoral roll, the petitioners have not made out any exceptional case in these petitions to be entertained and the decision of the Co-Ordinate Bench of this Court in the case of B. Ganganna as stated supra is squarely applicable to the present facts and the present petitions need to be disposed of in similar terms and hence, the following: ORDER i. The Returning Officer shall count the votes cast in the elections held on 19.01.2025 to the Board of Directors of respondent No.6-Society and shall announce the results. ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity of the electoral by filing a Election Petition under Section 70(2) of the KCS Act, 1959. iii. If any dispute is raised under the provisions of KCS Act, 1959 the authority under Section 70 of the KCS Act, 1959 shall examine all questions - 64 - NC: 2025:KHC:4489 WP No. 133 of 2025 C/W WP No. 569 of 2025 WP No. 986 of 2025 WP No. 996 of 2025 including the questions relating to the validity of the eligible and ineligible voters list and impact of the election to the Board of respondent No.6- Society. iv. All the contentions of the parties are kept open. v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petitions stand disposed of. Sd/- ________________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 53 CT: BHK