Writ Petition No. 104379 of 2023 · High Court of Karnataka · 2023

84. SHRIKANT R. PATGAR. A/A 41 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O CHATRAKURVE, PO: MIRJAN, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.162.

85. VINOBA D.GOUDA. A/A 40 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O ARAGA, PO: SAGADAGERI, TAL:ANKOLA. UTTARA KANNADA DISTRICT. SERIAL NO.167.

86. PARAMESHWAR D.NAIK. A/A 47 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O HEGDE, TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.169.

87. DATTATRAY N.NAIK. A/A 49 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O SANTEGULI, TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.191.

88. RAMESH R.NAIK. A/A 43 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O ULLURMATH, PO: SANTEGULI, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.196.

89. SANDEEP L.MADIWAL. A/A 48 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O KADUMANE, GUDEANGADI, TAL: KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.197.

90. PURUSHOTTAM D.PATGAR. A/A 58 YEARS, CONDUCTOR, NWKRTC. R/O BETGULI, TAL: KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.220. - 14 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023

91. JAGADISH BANGARASWAMI. A/A 53 YEARS, CONTROLLER, NWKRTC. R/O JANATA COLONY, BALEGULI, TAL: ANKOLA. UTTARA KANNADA DISTRICT. SERIAL NO.77.

92. NARAYAN SUBRAY BHAT. A/A 60 YEARS, TECHNICAL ASSISTANT, NWKRTC. R/O HANDIGONA, TAL:HONNAVAR. UTTARA KANNADA DISTRICT. SERIAL NO.78.

93. LAXMAN B.NAIK. A/A 56 YEARS, DRIVER, NWKRTC. R/O HEGDE, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.113.

94. HARIHAR SUBRAY NAIK. A/A 59 YEARS, CONTROLLER, NWKRTC. R/O GUDEANGADI, KUMAT. UTTARA KANNADA DISTRICT. SERIAL NO.70.

95. GANAPATI L.NAIK. A/A 56 YEARS, CONDUCTOR, NWKRTC. R/O KONALLI, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.249.

96. RAMESH MANKALU GOUDA. A/A 59 YEARS, CONTROLLER, NWKRTC. R/O MADANAGERI, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.72.

97. RAMA BOBBU PATGAR. A/A 54 YEARS, CONDUCTOR, NWKRTC. R/O GUDAKOPPA, HOLANAGADDE. TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.229. - 15 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023

98. NAGESH I.NAIK. A/A 48 YEARS, DRIVER CUM CONDUCTOR, NWKRTC. R/O SANTEGULI, KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.205.

99. GANAPATI T.NAIK. A/A 48 YEARS, HAVALDAR, NWKRTC. R/O MUTHTHALLI, TAL: BHATKAL. UTTARA KANNADA DISTRICT. SERIAL NO.95.

100.SURESH S.NAIK. A/A 58 YEARS, CONDUCTOR, NWKRTC. R/O BADA, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.225.

101.GIRISH S.PATGAR. A/A 54 YEARS, DRIVER, NWKRTC. R/O CHATRAKURVE, PO:MIRJAN. TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.106.

102.SEETARAM. T.NAIK. A/A 46 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O KOLIGERI, PO:SANTEGULI, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.178.

103. HARISHCHANDRA.G.NAIK. A/A 40 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O KOLIGERI, PO:SANTEGULI, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.183.

104. GOURI BEERA GOUDA. A/A 55 YEARS, TECHNICAL ASSISTANT, NWKRTC. R/O KALABAGA, PO:BAGGONA, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.89.

105. RATNAKAR V.NAIK. - 16 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 A/A 58 YEARS, CONDUCTOR,NWKRTC. R/O KODKANI, TAL: KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.244.

106. SANTOSH ARAVIND KAMAT. A/A 41 YEARS, DRIVER CUM CONDUCTOR, NWKRTC. R/O BARGI, TAL:KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.150.

107. SURESH VENKA NAIK. A/A 54 YEARS, DRIVER, NWKRTC. R/O MADAGERI, TAL:HONNAVAR. UTTARA KANNADA DISTRICT. SERIAL NO.132.

108. MOHAN M.NAIK. A/A 54 YEARS, DRIVER CUM CONDUCTOR,NWKRTC. R/O MIRJAN, TAL:KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.141.

109. KAMALAKAR K.NAIK. A/A 59 YEARS, DRIVER, NWKRTC. R/O BANALLI, PO:SANTEGULI, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.200.

110. LINGAPPA. M.NAIK. A/A 58 YEARS, CONDUCTOR, NWKRTC. R/O BAAD, TAL:KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.226.

111. JAGANNATH D. A/A 60 YEARS, DRIVER, NWKRTC. R/O JOG ROAD, PO:KARGAL, TAL:SAGAR. SHIVAMOGGA DISTRICT. SERIAL NO.120.

112. MANJUNATH SUBRAY NAIK. A/A 55 YEARS, DRIVER, NWKRTC. R/O DHARESHWAR, TAL:KUMTA. UTTARA KANNADA DISTRICT. - 17 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 SERIAL NO.103.

113. BALACHANDRA H.NAIK. A/A 57 YEARS, CONDUCTOR,NWKRTC. R/O DEVASTHANA KERI, PO:MIRJAN. TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.238.

114. ANAND LAXMAN NAIK. A/A 53 YEARS, CONDUCTOR,NWKRTC. R/O HOSA HERAVATTA, BOGARIMAKKI. TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.269.

115. KRISHNANAND S.SHETTY. A/A 55 YEARS, CONTROLLER, NWKRTC. A/A MURURU CROSS, KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.74.

116. NAGESH G.HARIKANT. A/A 56 YEARS, CONDUCTOR, NWKRTC. R/O NEAR HOSA HERAVATTA POST OFFICE. TAL: KUMTA, UTTARA KANNADA DISTRICT. SERIAL NO.76.

117. DAMODAR T.PATGAR. A/A 58 YEARS, CONTROLLER, NWKRTC. R/O KODKANI, PO:MIRJAN, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.71.

118. SHRIDHAR. R.MADIVAL. A/A 59 YEARS, DRIVER, NWKRTC. R/O HALAKAR, TAL:KUMTA. UTTARA KANNADA DISTRICT. SERIAL NO.109.

119. MAHADEV NARAYAN NAIK. A/A 55 YEARS, TECHNICAL ASSISTANT, NWKRTC. R/O HANAKONA, PO:DIVAGI, TAL: KUMTA. UTTARA KANNADA DISTRICT. - 18 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 SERIAL NO.66.

120. VINAYAK M.KELSI. A/A 46 YEARS,TECHNICAL ASSISTANT, NWKRTC. R/O KUMTA UTTARA KANNADA DISTRICT. SERIAL NO.84. PETITIONERS … PETITIONERS (BY SRI. A P HEGDE JANAMANE & SRI. VIJAY MALALI, ADVOCATES) AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, 6 TH FLOOR, BANGALORE-01.

2. CO-OPERATIVE ELECTION COMMISSION, RPTD. BY ITS COMMISSIONER, 3 RD FLOOR, SHANTI NAGAR, TTMC ‘A’ BLOCK, SHANTINAGAR, BANGALORE-560027.

3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES. UTTARA KANNADA DISTRICT, KARWAR-581301.

4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES. SIRSI SUB-DIVISION, SIRSI. UTTARA KANNADA DISTRICT581401.

5. RETURNING OFFICER. NWKRTC EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD. SIRSI. UTTARA KANNADA DISTRICT581401.

6. NWKRTC EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD. SIRSI. UTTARA KANNADA DISTRICT-581401. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (BY SRI. VINAYAK S KULKARNI, AGA FOR R1) … RESPONDENTS - 19 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO INCLUDE THE NAME OF PETITIONERS IN THE ELIGIBLE VOTERS LIST FOR THE ELECTIONS TO THE BOARD OF RESPONDENT NO. 6 SOCIETY, VIDE ANNEXURE-A DATED. 04/07/2023 IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners in this writ petition have challenged the validity of the eligible and ineligible voters list published by the Election Officer and also have made prayer to include their names in the final voters list that was published by respondent-Society for the election to the Board of members of the respondent-Society.

2. The grievance of the petitioners in this writ petition is that, the competent authority before publishing the eligible and ineligible voters list, had not complied the mandatory requirements of Rule 13-D(2-A) of the Karnataka Co-operative Societies (Amendment) Rules, 2013 (for short, 'the Amendment Rules of 2013') and had granted interim order permitting the petitioners to contest - 20 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 as well as to cast their votes in the election that was held to the post of Board of Members of the respondent- Society.

3. On the strength of the interim orders passed by this Court, petitioners herein have contested/cast their votes in the election that was held for the post of Board of Members of the respondent-Society.

4. Learned counsel for the petitioners jointly submit that in almost identical circumstances, the Co- ordinate Bench of this Court in W.P. No.8502/2022 along with W.P. No.8477/2022 vide order dated 07.06.2022 considering the fact that the petitioners have got efficacious remedy under Section 70 of the Karnataka Co- operative Societies Act, 1959 (for short, 'the Act of 1959) disposed of the writ petitions, directing the concerned respondents to announce results of the election, counting even the votes cast by the petitioners with liberty to the petitioners or to the concerned to avail the remedy under Section 70(2) of the Act of 1959, if aggrieved by the - 21 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 results. They submit that even this writ petition may be disposed of in terms of the said order.

5. Learned AGA who is appearing respondent-State has not disputed the submission made on behalf of the petitioners. Under these circumstances, without expressing any opinion on the merits of the case, taking into consideration the order passed by the Coordinate Bench of this Court in W.P. No.8502/2022 along with W.P. No.8477/2022 dated 07.06.2022, even this writ petition is required to be disposed of in terms of the order passed in the said writ petition. The Co-ordinate Bench of this Court taking into consideration the various statutory provisions governing the subject and also taking into consideration the judgment of the Hon'ble Supreme Court in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another Vs.State of Maharashtra and others reported in (2001) 8 SCC 509, while disposing of - 22 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 W.P. No.8502/2022 along with W.P. No.8477/2022 at paragraphs 10 and 12 has observed as follows: "10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated

8.11.2021 does not meet these requirements. In fact, it is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices.

12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act. However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule 13-D (2-A) of the Co- operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show - 23 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the pecularities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record."

6. Under the circumstances, even this writ petition is disposed of in terms of the order passed by the Co- ordinate Bench of this Court in W.P. No.8502/2022 along with W.P. No.8477/2022 disposed of on 07.06.2022 and accordingly the following: ORDER Writ petition is disposed of in terms of the order passed by the Co-ordinate Bench of this Court in W.P. No.8502/2022 along with W.P. No.8477/2022 disposed of - 24 - NC: 2023:KHC-D:7619 WP No. 104379 of 2023 on 07.06.2022 and the Returning Officer is directed to announce the results of the elections that were held to the post of Board of Members of the respondent-Society forthwith, including the votes cast by the petitioners. The petitioners as well as the concerned who are aggrieved by the results so announced are at liberty to avail the remedy under Section 70(2) of the Act of 1959. All contentions urged in this petition by the parties concerned are left open for consideration appropriate proceedings if commenced. Sd/- JUDGE Rsh/Ct:Bck List No.: 2 Sl No.: 13