70 ARE THE MEMBERS OF THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD v. NO.71 TO 79 ARE THE MEMBERS OF THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIFVE

(BY SRI. DEVI PRASAD SHETTY., ADVOCATE) …PETITIONERS - 13 - NC: 2025:KHC:6292 WP No. 35829 of 2024 AND:

1. THE STATE OF KARNATAKA, DEPARTMETH OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE STATE CO-OPEARATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC 'A' BLOCK, SHANTHI NAGARA, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY.

3. DEPUTY REGISTRAR/ DISTRICT ELECTION OFFICER, SAHAKARA UNION JYOTHI NAGARA, CHIKAMAGALURU TOWN, CHIKAMAGALURU DISTRICT - 563 102.

4. RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., INDAVARA, CHIKKAMAGALURU TALUK, CHIKKMAGALURU DISTRICT - 577 113.

5. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., INDAVARA, CHIKKAMANGALURU TALUK, CHIKKMAGALURU DISTRICT - 577 113, BY ITS CHIEF EXECUTIVE OFFICER. RESPONDENT NO.4 AND 5 ARE - 14 - NC: 2025:KHC:6292 WP No. 35829 of 2024 REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT - 1959). …RESPONDENTS (BY SRI.YOGESH B NAIK, AGA FOR R1, R3 AND R4; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; R5 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO 5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONERS TO CAST THEIR VOTES IN THE ELECTIONS TO THE R5 WHICH IS SCHEDULED TO BE HELD ON 05/01/2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking following prayers:- "(i) Issue a writ of mandamus directing the respondent No.2 to 5 to include the name of the petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections to the - 15 - NC: 2025:KHC:6292 WP No. 35829 of 2024 respondent No.5 which is scheduled to be held on

05.01.2025 in the interest of justice and equity. (ii) Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued ".

2. This Court by way of an interim arrangement on

31.12.2024 permitted the petitioners to cast their votes in the ensuing election scheduled on 05.01.2025 subject to final outcome of this petition.

3. Heard Sri.Devi Prasad Shetty, learned counsel for the petitioners, Sri.Yogesh B.Naik, learned Additional Government Advocate for respondent Nos.1, 3, and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2.

4. Respondent No.5 though served has chosen to remain absent.

5. Counsel for the petitioners submits that the election has been held as scheduled on 05.01.2025 and the petitioners have cast their votes. - 16 - NC: 2025:KHC:6292 WP No. 35829 of 2024

6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.

7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 1 2022 (4) AKR 775 - 17 - NC: 2025:KHC:6292 WP No. 35829 of 2024 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: i. Writ petition is disposed of. ORDER ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 05.01.2025, if not already announced. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the - 18 - NC: 2025:KHC:6292 WP No. 35829 of 2024 petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of ineligibility of petitioners. Sd/- ______________________ JUSTICE K.S. HEMALEKHA SS List No.: 3 Sl No.: 9