Writ Petition No. 35898 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5648 WP No. 35898 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35898 OF 2024 (CS-EL/M) BETWEEN: 1. 2. 3. 4. 5. 6. PUTTAMMA W/O KALASAPPA NALK AGED ABOUT 80 YEARS SHARE NO.00001000010 KRISHNAMURTY D C S/O CHANDRASHEKARAYYA AGED ABOUT 82 YEARS SHARE NO.00001000055 KALASAPPA GOWDA TC S/O CHINNE GOWDA AGED ABOUT 91YEARS SHARE NO.00001000057 GIRIYAPPA NAIK T S S/O SHIVAPPA NAIK AGED ABOUT 84 YEARS SHARE NO.00001000058 THIMMAPPA GOWDA S S S/O SIDDAPPA GOWDA AGED ABOUT 79 YEARS SHARE NO.00001000079 DHATTARAYYA BHAT S/O NEELAKANTA BHAT AGED ABOUT 76 YEARS SHARE NO.00001000033 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5648 WP No. 35898 of 2024 7. 8. 9. SUBBANNA NAIK K C S/O CHANDAYYA NAIK AGED ABOUT 68 YEARS SHARE NO.00001000114 KALASAPPA M T S/O THAMMAYYA NAIK AGED ABOUT 65 YEARS SHARE NO.00001000120 KOLLAMMA W/O SHANKRAPPA GOWDA AGED ABOUT 85 YEARS SHARE NO.00001000124 10. RAMAPPA B K S/O KRISHNE GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000127 11. PUTTAYYA K C S/O CHANDAYYA NAIK AGED ABOUT 76 YEARS SHARE NO.00001000151 12. RAMANNA KT S/O THIMMANNA GOWDA AGED ABOUT 83 YEARS SHARE NO.00001000158 13. INDRAMMA W/O KALASAPPA T N AGED ABOUT 72 YEARS SHARE NO.00001000165 14. KESHAVAMURTHY G S S/O SEETHARAM RAO AGED ABOUT 64 YEARS SHARE NO.00001000167 - 3 - NC: 2025:KHC:5648 WP No. 35898 of 2024 15. UDAYA BHASKAR H G S/O GANESH RAO AGED ABOUT 80 YEARS SHARE NO.00001000169 16. VEERAPPA M M S/O MARIYAPPA GOWDA AGED ABOUT 71 YEARS SHARE NO.00001000175 17. VASANTHA RAO B S S/O SURYA NARAYANA RAO AGED ABOUT 65 YEARS SHARE NO.00001000176 18. DEVENDRA M M S/O MARIYAPPA GOWDA AGED ABOUT 63 YEARS SHARE NO.00001000177 19. SHARADAMMA Y K W/O SHANKRAPPA NAIK AGED ABOUT 85 YEARS SHARE NO.00001000184 20. VENKAPPA BK S/O KRISHNAYYA GOWDA AGED ABOUT 58 YEARS SHARE NO.00001000186 21. CHINNAYYA B T S/O THIMMAYYA GOWDA AGED ABOUT 72 YEARS SHARE NO.00001000202 22. DEVANNA MT S/O THAMMAYYA NAIK AGED ABOUT 64 YEARS SHARE NO. 00001000207 - 4 - NC: 2025:KHC:5648 WP No. 35898 of 2024 23. DEVARA BHAT S/O SHYAM BHAT AGED ABOUT 68 YEARS SHARE NO.00001000210 24. KRISHNAPPA M M S/O VENKAPPA GOWDA AGED ABOUT 60 YEARS SHARE NO.00001000220 25. SHANKAR BHAT S/O SHYAM BHAT AGED ABOUT 70 YEARS SHARE NO.00001000224 26. BABANNA Y L S/O LINGA NAIK AGED ABOUT 78 YEARS SHARE NO.00001000228 27. NAVEEN B S
Legal Reasoning
The Co-Ordinate Bench of this Court in the case of Sri. B Ganganna and others Vs. The State of 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? 1 ILR 2024 KAR 1901 - 27 - NC: 2025:KHC:5648 WP No. 35898 of 2024 (c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra.” (Emphasis supplied) 8. 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 - 28 - NC: 2025:KHC:5648 WP No. 35898 of 2024 (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
S/O SRIKANTH RAO AGED ABOUT 65 YEARS SHARE NO.00001000230 28. MURTHY M H S/O HUVAYYA GOWDA AGED ABOUT 58 YEARS SHARE NO.00001000253 29. CHANDRASHEKAR M M S/O MANJAPPA GOWDA AGED ABOUT 56 YEARS SHARE NO.00001000255 30. MANJUNATHA MK S/O KADAYYA GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000256 - 5 - NC: 2025:KHC:5648 WP No. 35898 of 2024 31. VENKATESH TK S/O KADAPPA NAIK AGED ABOUT 64 YEARS SHARE NO.00001000267 32. JAGADISH M S S/O SIDDAPPA GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000300 33. CHIDANANDA B K S/O KADAYYA BILAGADDE AGED ABOUT 56 YEARS SHARE NO.00001000314 34. DUGGAPPA GOWDA T C S/O CHINNAYYA GOWDA AGED ABOUT 80 YEARS SHARE NO.00001000315 35. LINGAPPA GOWDA S/O THIMMAPPA GOWDA AGED ABOUT 82 YEARS SHARE. NO.00001000328 36. SUMITHRA W/O KRISHNAMURTHY AGED ABOUT 64 YEARS SHARE NO.00001000337 37. RAJAMMA W/O SRINIVASA AGED ABOUT 70 YEARS SHARE NO.00001000355 38. SAVITRI B G W/O CHANDAYYA GOWDA AGED ABOUT 72 YEARS SHARE NO.00001000386 - 6 - NC: 2025:KHC:5648 WP No. 35898 of 2024 39. SURESHA S/O SIDDAPPA GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000576 40. SUSHILAMMA W/O KRISHNE NAIK AGED ABOUT 72 YEARS SHARE NO.00001000439 41. BABY W/O CHANDRA SHEKAR AGED ABOUT 52 YEARS SHARE NO.00001000441 42. SUMITHRA W/O SRIKANTA AGED ABOUT 61 YEARS SHARE NO.00001000459 43. SOMASHEKAR S/O PUTTAYYA GOWDA AGED ABOUT 65 YEARS SHARE NO. 00001000468 44. SHANKAR BHAT R S/O RAMACHANDRA BHAT AGED ABOUT 65 YEARS SHARE NO.00001000496 45. KRISHNAMURTHY B S S/O SHESHAYYA GOWDA AGED ABOUT 64 YEARS SHARE NO.00001000511 46. PUTTA RAJU BS S/O SHANKRAPPA GOWDA AGED ABOUT 55 YEARS SHARE NO.00001000518 - 7 - NC: 2025:KHC:5648 WP No. 35898 of 2024 47. RAM KRISHNA S/O ROY NAIK AGED ABOUT 65 YEARS SHARE NO.00001000519 48. GANESH RAO A S/O KRISHNAMURTHY RAO AGED ABOUT 90 YEARS SHARE NO.00001000525 49. NIDHEESH S/O MANJUNATH AGED ABOUT 42 YEARS SHARE NO.00001000578 50. NARAYANA H S S/O SHIVAPPA NAIK AGED ABOUT 54 YEARS SHARE NO.00001000580 51. SUDHEER SWADHI S/O ACHUTH SWADHI AGED ABOUT 65 YEARS SHARE NO.00001000538 52. KRISHNAPPA S/O MARIYA AGED ABOUT 55 YEARS SHARE NO.00001000618 53. SUSHEELAMMA W/O MAHABALAYYA AGED ABOUT 65 YEARS SHARE NO. 00001000621 54. VIMALA W/O GANESH AGED ABOUT 48 YEARS SHARE NO.00001000626 - 8 - NC: 2025:KHC:5648 WP No. 35898 of 2024 55. VENKATAYYA EG S/O GIDDAYYA NAIK AGED ABOUT 72 YEARS SHARE NO.00001000628 56. SADANANDA S/O DUGGAPPA POOJARI AGED ABOUT 54 YEARS SHARE. NO.00001000444 57. LAKSHMAMMA S/O DUGGE NAIKA AGED ABOUT 85 YEARS SHARE NO.00001000638 58. BHASKAR S N S/O NARAYANA NAIKA AGED ABOUT 62 YEARS SHARE NO. 00001000641 59. SATHYANARAYANA Y P S/O PUTTAYYA AGED ABOUT 56 YEARS SHARE NO. 00001000646 60. RAMESH RAO A N S/O NAGAPAYYA AGED ABOUT 58 YEARS SHARE NO.00001000648 61. GANESH Tribunal S/O RAME NAIK AGED ABOUT 62 YEARS SHARE NO. 00001000667 62. TARA NAGARAJ W/O NAGARAJ AGED ABOUT 64 YEARS SHARE NO.00001000684 - 9 - NC: 2025:KHC:5648 WP No. 35898 of 2024 63. YOGAPPA T K S/O KRISHNAPPA NAIKA AGED ABOUT 62 YEARS SHARE NO.00001000687 64. SRINIVAS H R S/O RAME GOWDA AGED ABOUT 68 YEARS SHARE NO.00001000691 65. SHANTHAMMA W/O SURYANARAYANA RAO AGED ABOUT 74 YEARS SHARE NO.00001000716 66. HARISH H A S/O ANNAPPA GOWDA AGED ABOUT 48 YEARS SHARE NO.00001000729 67. VIGNESH V V S/O VASUDEV RAO AGED ABOUT 46 YEARS SHARE NO.00001000730 68. KALASAPPA GOWDA H T S/O THAMME GOWDA AGED ABOUT 73 YEARS SHARE NO.00001000744 69. SRINIVAS K S S/O SHANKRAPPA GOWDA AGED ABOUT 68 YEARS SHARE NO.00001000774 70. KAMALAKSHI W/O KRISHNAPPA GOWDA AGED ABOUT 66 YEARS SHARE NO.00001000775 - 10 - NC: 2025:KHC:5648 WP No. 35898 of 2024 71. SHILPA K R W/O PRASANNA AGED ABOUT 44 YEARS SHARE NO.00001000781 72. NAGAMMA W/O KRISHNAPPA NAIKA AGED ABOUT 78 YEARS SHARE NO.00001000841 73. SIDDAPPA B D W/O DUGGAPPA GOWDA AGED ABOUT 62 YEARS SHARE NO.00001000842 74. KAVEESH B C S/O CHANDRAYYA GOWDA AGED ABOUT 48 YEARS SHARE NO. 00001001147 75. KAVEESH K R S/O RAMAPPA GOWDA AGED ABOUT 48 YEARS SHARE NO. 00001001195 76. CHOWDANNNA W/O SOMANNA AGED ABOUT 80 YEARS SHARE NO.00001001199 77. SRILATHA W/O HUVANNA AGED ABOUT 59 YEARS SHARE NO. 00001001224 78. SHARADAMMA W/O SHANKRAPPA GOWDA AGED ABOUT 76 YEARS SHARE NO.00001001230 - 11 - NC: 2025:KHC:5648 WP No. 35898 of 2024 79. UDYA KUMAR DS S/O SHANKRAPPA GOWDA AGED ABOUT 62 YEARS SHARE NO. 00001001293 80. SRIKANTA T K S/O KADAPPA NAIKA AGED ABOUT 60 YEARS SHARE NO.00001001298 81. MANASA S/O PRASHANTH AGED ABOUT 44 YEARS SHARE NO. 00001001299 82. PRASHANTH KADAMBALITTAYA S/O SRINIVAS KADAMBALITTAYA AGED ABOUT 48 YEARS SHARE NO.00001001300 83. HOSMANE USHA DEVI W/O SRINIVAS AGED ABOUT 77 YEARS SHARE NO.00001001301. 84. CHANDRASHEKAR B S S/O SHANKAR RAO AGED ABOUT 68 YEARS SHARE NO 00001000048 85. ADHRASHA T M S/O MANJUNATHA AGED ABOUT 40 YEARS SHARE NO.00001001402 86. BALACHANDRA RAO HG S/O GANESHAYYA AGED ABOUT 80 YEARS SHARE NO.00001000157 - 12 - NC: 2025:KHC:5648 WP No. 35898 of 2024 87. LAKSHMI DEVI B S W/O RAMESH TS AGED ABOUT 75 YEARS SHARE NO.00001000217 88. VASANTHI W/O KRISHNAPPA GOWDA AGED ABOUT 70 YEARS SHARE NO.00001000709 89. SOMANNA S/O BURUDIYANNA AGED ABOUT 75 YEARS SHARE NO.00001000765 90. GOVINDA S/O SHESHE GOWDA AGED ABOUT 64 YEARS SHARE NO.00001000492 91. ASHOKA K S S/O SHESHAPPA GOWDA AGED ABOUT 52 YEARS SHARE NO.00001000606 92. ANNE GOWDRU S/O VITTAYYA GOWDRU AGED ABOUT 90 YEARS SHARE NO.00001000032 (PETITIONERS NO. 1 TO 92 ARE MEMBERS PERTAINING AGRICULTURE BORROWER'S CONSTITUENCY) 93. BASKAR SHETTY S/O NAGAYYA SHETTY AGED ABOUT 80 YEARS SHARE NO. 00001000138 - 13 - NC: 2025:KHC:5648 WP No. 35898 of 2024 94. PUSHPA W/O SHREEDHAR AGED ABOUT 50 YEARS SHARE NO. 00001000400, (PETITIONERS NO. 93 AND 94 ARE MEMBERS PERTAINING TO OTHER BORROWER'S CONSTITUENCY) 95. SHILPA W/O JAYANTHA AGE 40 YEARS SHARE NO.00161000550 96. RAMACHANDRA S/O KADEGOWDA AGE 62 YEARS SHARE NO. 00011000268 97. GEETHA W/O N T SATHISH AGE 62 YEARS SHARE NO. 00021000394. 98. INDIRAMMA W/O CHANDRASHEKAR AGED ABOUT 75 YEARS SHARE NO.00031000396 99. RENUKA W/O SHASHIDHAR AGED ABOUT 56 YEARS SHARE NO.00041000411 100. KESHAV S/O BALAPPA GOWDA AGED ABOUT 52 YEARS SHARE NO.00051000828 - 14 - NC: 2025:KHC:5648 WP No. 35898 of 2024 101. MANAPPA S/O DUGGAPPA GOWDA AGED ABOUT 68 YEARS DIST-577126 SHARE NO.00061000567 102. SHREEMATHI W/O SOMASHEKAR AGED ABOUT 58 YEARS SHARE NO.00071000634 103. ESHAN S/O SHANKRAPPA GOWDA AGED ABOUT 36 YEARS SHARE NO.00081000831 104. PREMA W/O HALAPPA AGED ABOUT 56 YEARS SHARE NO.00091000898 105. KRISHNAMURTHY S/O LINGAPPA GOWDA AGED ABOUT 58 YEARS SHARE NO.00101000930 106. INDIRA W/O SHANKRAPPA AGED ABOUT 62 YEARS SHARE NO.00111000959 107. DINESH S/O CHANDRE NAIKA AGED ABOUT 42 YEARS SHARE NO.00121001001 108. SHARADA W/O CHANDRAPPA - 15 - NC: 2025:KHC:5648 WP No. 35898 of 2024 AGED ABOUT 68 YEARS SHARE NO.00131000359 109. SUDHEER S/O PADHMANABHA AGED ABOUT 62 YEARS SHARE NO.00141000486 110. RAVINDRA S/O SUNDARA AGED ABOUT 56 YEARS SHARE NO.00151000522. 111. GANESH MURTHY S/O SUBBARAO AGED ABOUT 58 YEARS SHARE NO.00001000211 112. JANAKI W/O NAGESH AGED ABOUT 62 YEARS SHARE NO.00171000653 113. MAMTHA W/O SHANKRAPPA AGED ABOUT 56 YEARS SHARE NO.00181000655 114. RATHNA W/O CHANDRASHEKAR AGED ABOUT 72 YEARS SHARE NO.00191000656 115. MITHRA M C S/O CHANDRASHEKAR AGED ABOUT 46 YEARS SHARE NO.00201000657 - 16 - NC: 2025:KHC:5648 WP No. 35898 of 2024 116. AKSHATHA W/O MITHRA AGED ABOUT 40 YEARS SHARE NO.00211000658 117. SHIVATHMI W/O AJITH AGED ABOUT 38 YEARS SHARE NO.00221000700 118. ARUN M H S/O HIRIYANNA NAIK AGED ABOUT 53 YEARS SHARE NO.00231000701 119. SHASHIREKHA W/O ARUN AGED ABOUT 48 YEARS SHARE NO.00241000702. 120. AMBIKA W/O SRINIVASA AGED ABOUT 48 YEARS SHARE NO.00251000899 121. RAGHAVENDRA S/O SHRUNGESHWARA BHAT AGED ABOUT 52 YEARS SHARE NO.00261001246 122. HEMAVATHI W/O CHANDRAPPA GOWDA AGED ABOUT 65 YEARS SHARE NO. 00001000401 (PETITIONERS NO. 95 AND 112 ARE MEMBERS PERTAINING TO NON BORROWER'S CONSTITUENCY) ALL PETITIONERS ARE THE MEMBERS OF THE - 17 - NC: 2025:KHC:5648 WP No. 35898 of 2024 BIKKALI PRIMARY AGARICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. NILUVAGILU, KOPPA TALUK CHIKKAMAGALURU DISTRICT - 577120. (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: …PETITIONERS 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU -560 001 REP BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, T.T.M C. 'A' BLOCK, SHANTHI NAGAR, BANGALORE-560 027, REP BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER, KM ROAD, NEAR JILLA PANCHYAT, CHIKMAGALUR-577101. 4. RETURNING OFFICER, BIKKALI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD NILUVAGILU, KOPPA TALUK CHIKKAMAGALURU DISTRICT -577 120. 5. BIKKALI PRIMARY AGRICULTURE CREDIT CO- OPERATIVE SOCIETY LTD. NILUVAGILU, KOPPA TALUK CHIKKAMAGALURU DISTRICT -577 120. - 18 - NC: 2025:KHC:5648 WP No. 35898 of 2024 REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI.YOGESH D. NAIK, AGA FOR R1,R3 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R5 SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION 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. 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 1. Petitioners are seeking to direct respondents No.2 to 5 to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes in the elections of respondent No.5, which is scheduled to be held on 05.01.2025. - 19 - NC: 2025:KHC:5648 WP No. 35898 of 2024 2. This Court, by way of interim arrangement on 31.12.2024, permitted the petitioners to cast their votes in the ensuing elections scheduled to be held on 05.01.2025 to the Board of Directors of respondent No.5-Society subject to the final outcome of this writ petition. 3. The challenge in this writ petition 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. 4. Heard learned counsel for the petitioners, learned AGA for State and Sri T. L. Kiran Kumar, learned counsel for respondent No.2. Respondent No.5 - Society, though served with notice has chosen to remain absent. 5. 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 due at least 120 days before the date of expiry of - 20 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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 five annual general body, meetings and members not utilising such minimum services - 21 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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 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 - 22 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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. (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 - 23 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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, 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, - 24 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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. (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; - 25 - NC: 2025:KHC:5648 WP No. 35898 of 2024 (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.” 6. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.5-Society and attended all the annual general body meetings whenever they have received notice from respondent No.5-Society, in spite of which respondent No.5-Society has dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.5- society. - 26 - NC: 2025:KHC:5648 WP No. 35898 of 2024 7.
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 Societies Act, 1959, shall examine all - 29 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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.” 9. 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 or any officer, agent or employee of the society, or - 30 - NC: 2025:KHC:5648 WP No. 35898 of 2024 (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; (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 - 31 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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 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 - 32 - NC: 2025:KHC:5648 WP No. 35898 of 2024 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” 10. 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 to challenge the electoral roll, the petitioners have not made out any exceptional case in this petition 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 - 33 - NC: 2025:KHC:5648 WP No. 35898 of 2024 petition needs 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 05.01.2025 to the Board of Directors of respondent No.5-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 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.3- Society. iv. All contentions of the parties are kept open. - 34 - NC: 2025:KHC:5648 WP No. 35898 of 2024 v. This Court has not expressed merits and demerits on eligibility or ineligibility of the voters list. vi. With the said observations, the writ petition stands disposed of. _______________________ (JUSTICE K.S.HEMALEKHA) Sd/- PSG List No.: 3 Sl No.: 7