Karnataka High Court
Peduru Vyasaya Seva Sahakara Sangha ... vs The State Of Karnataka on 8 September, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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C/W WP No. 14472 of 2025
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R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 14457 OF 2025 (CS-EL/M)
C/W
WRIT PETITION NO. 14472 OF 2025 (CS-EL/M)
IN W.P.NO.14457/2025
BETWEEN
PEDURU VYASAYA SEVA SAHAKARA
SANGHA NIYAMITHA
CHINTAMANI TALUK, CHIKKABALLAPURA-563 146,
REPRESENTED BY ITS PRESIDENT/DELEGATE,
LAKSHMAN REDDY. N,
S/O. CHIKKANARAYANAPPA,
AGED ABOUT 58 YEARS,
(REGISTERED UNDER THE KARNATAKA
CO OPERATIVE SOCIETIES ACT, 1959)
Digitally signed
by GIRIJA A. ...PETITIONER
BYAHATTI (BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR
Location: High SRI. DEVIPRASAD SHETTY., ADVOCATE)
Court of
Karnataka,
Dharwad Bench, AND
Dharwad
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE SOCIETIES,
3RD FLOOR, T.T.M.C. A BLOCK,
SHANTHI NAGAR, BANGALORE-560027,
REPRESENTED BY ITS SECRETARY.
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3. DEPUTY COMMISSIONER/ELECTION OFFICER
KOLAR DISTRICT,
KOLAR-563 101.
4. RETURNING OFFICER
KOLAR-CHIKKABALLAPURA DCC BANK LTD.,
DCC BANK ROAD,
KOLAR-563 101.
5. KOLAR-CHIKKABALLAPURA DCC BANK LTD.,
DCC BANK ROAD,
KOLAR-563 101.
REPRESENTED BY ITS MANAGING DIRECTOR,
(REGISTERED UNDER THE PROVISIONS OF THE
KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959)
6. SRI. N. NAGIREDDY
S/O T. NAREPPA
AGED ABOUT 60 YEARS
DIRECTOR KALLAHALLI SFSCS,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT-563125.
RESPONDENTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. K.S. KALLESHAPPA., ADVOCATE FOR R5;
SRI. DR. RAVISHANKAR., SR. ADVOCATE FOR
SRI. SARAVANA .S., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE R3 AND R4 TO ACCEPT THE
DELEGATION FORM OF PETITIONER SOCIETY AND PERMIT THE
PETITIONER SOCIETY TO CAST HIS VOTE IN THE ELECTION
SCHEDULED TO BE HELD ON 28.05.2025 TO THE R5 DCC BANK AND
ETC.
IN W.P.NO. 14472/2023
BETWEEN
BATLAHALLI VYASAYA SEVA SAHAKARA
SANGHA NIYAMITHA
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CHINTAMANI TALUK,
CHIKKABALLAPURA-563 146,
REPRESENTED BY ITS PRESIDENT/DELEGATE,
VENKATASHIVAREDDY. M. P.,
S/O. M. M. PAPANNA,
AGED ABOUT 62 YEARS,
(REGISTERED UNDER THE KARNATAKA CO OPERATIVE
SOCIETIES ACT, 1959)
...PETITIONER
(BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR
SRI. DEVIPRASAD SHETTY., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE SOCIETIES,
3RD FLOOR, T.T.M.C. A BLOCK,
SHANTHI NAGAR, BANGALORE-560027,
REPRESENTED BY ITS SECRETARY.
3. DEPUTY COMMISSIONER/ELECTION OFFICER
KOLAR DISTRICT,
KOLAR-563 101.
4. RETURNING OFFICER
KOLAR-CHIKKABALLAPURA DCC BANK LTD.,
DCC BANK ROAD,
KOLAR-563 101.
5. KOLAR-CHIKKABALLAPURA DCC BANK LTD.,
DCC BANK ROAD,
KOLAR-563 101.
REPRESENTED BY ITS MANAGING DIRECTOR,
(REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA
CO OPERATIVE SOCIETIES ACT, 1959)
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6. SRI. N. NAGIREDDY
S/O T. NAREPPA
AGED ABOUT 60 YEARS
DIRECTOR KALLAHALLI SFSCS,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT-563125.
RESPONDENTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1, R3 & R4;
SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2;
SRI. K.S. KALLESHAPPA., ADVOCATE FOR R5;
SRI. DR. RAVISHANKAR., SR. ADVOCATE FOR
SRI. SARAVANA .S., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 AND 4 TO ACCEPT
THE DELEGATION FORM OF PETITIONER SOCIETY AND PERMIT THE
PETITIONER SOCIETY TO CAST HIS VOTE IN THE ELECTION
SCHEDULED TO BE HELD ON 28.05.2025 TO THE RESPONDENT NO.5
DCC BANK AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS AND
HAVING BEEN RESERVED FOR ORDERS ON 18.07.2025, THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CAV ORDER
1. The Petitioner in W.P.No.14457/2025 is before this
Court seeking for the following reliefs:
a. Issue a writ of mandamus directing the R3 and R4 to
accept the delegation form of petitioner society and
permit the petitioner society to cast his vote in the
election scheduled to be held on 28.05.2025 to the
respondent No.5 DCC Bank.
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b. Such other direction or order writ as may deem fit to
this Hon'ble Court may kindly be issued.
2. The Petitioner in W.P.No.14472/2025 is before this
Court seeking for the following reliefs:
a. Issue a writ of mandamus directing the R3 and R4 to
accept the delegation form of petitioner society and
permit the petitioner society to cast his vote in the
election scheduled to be held on 28.05.2025 to the
respondent No.5 DCC Bank.
b. Such other direction or order writ as may deem fit to
this Hon'ble Court may kindly be issued.
3. Facts in WP No.14457 of 2025:
3.1. The last elections to the post of Directors of the
Petitioner were held on 09.07.2020 and to the
posts of President and Vice President on
20.07.2020.
3.2. On 31.08.2020 certain disputes were filed by
some members to set aside the elections, which
was considered. On 31.01.2025, Respondent
No.1 had passed an order setting aside the
election to the Petitioner-Society held on
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09.07.2020 as also the election of the Office
Bearers held on 20.07.2020. This was
challenged by the Directors of the Petitioner-
Society before the Karnataka Appellate Tribunal
in Appeal No.103/2025.
3.3. An interlocutory application for stay of the order
dated 31.01.2025 having been filed and the
Karnataka Appellate Tribunal vide its order
dated 09.05.2025, stayed the said order.
3.4. In pursuance thereof, an emergent meeting of
the Board of Directors was held on 12.05.2025,
the Vice President was unanimously selected as
a delegate to represent the Society to vote on
behalf of the Petitioner-Society in the elections
to the 5th Respondent-Federal Bank, which was
scheduled on 28.05.2025.
3.5. The delegation having been conveyed and a
representation was also submitted to the
Deputy Commissioner to accept the delegation
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on behalf of the Petitioner-Society. Despite this,
the same was not accepted, no action having
been taken, and the Petitioner-Society or the
name of the delegate was not included in the
voters' list. Hence, the Petitioner is before this
Court seeking for the aforesaid reliefs.
4. Facts in WP No.14472 of 2025:
4.1. The facts in this matter are more or less similar
to the facts in W.P.No.14457/2025, except that
the dates are slightly different.
4.2. The election to the post of Directors in this
matter was held on 09.07.2020, and the
election to the posts of President and Vice
President was held on 20.07.2020.
4.3. A dispute by some of the members was raised
on 31.08.2020 as regards the elections.
Respondent No.1 had, on 31.01.2025, passed
an order setting aside the elections of the
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Directors held on 09.07.2020 and that of the
Office Bearer's held on 20.07.2020, which came
to be challenged in Appeal No.98/2025 filed
before the Karnataka Appellate Tribunal, who
had on 02.05.2025 dismissed the interlocutory
application for stay filed by the Petitioner,
which was challenged by the Petitioner in
W.P.No.13992/2025 before a Co-
ordinate Bench of this Court and this Court vide
order dated 08.05.2025, had stayed the order
dated 31.01.2025 passed by the Assistant
Registrar of Co-operative Societies (hereinafter
referred to as 'ARCS' for short).
4.4. In pursuance thereof, an emergent meeting was
held by all the Board of Directors, a resolution
was passed, and the President was
unanimously selected as a delegate to
represent the Society in the elections to the 5th
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Respondent, which was scheduled on
28.05.2025.
4.5. A representation was also submitted to the
Deputy Commissioner on 12.05.2025 to permit
the delegate to vote at the said elections, when
the same was not considered. Hence, the
Petitioner is before this Court seeking for the
aforesaid reliefs.
5. In both matters, this Court had granted interim
orders permitting the delegate of the Petitioner to
vote at the elections. The said delegates of the
Petitioner have voted at the elections.
6. When the petition was pending in
W.P.No.14472/2025, Sri N.Nagireddy filed an
application to implead himself as a party-respondent,
claiming that since he was contesting for the post of
Director from the Chintamani Constituency, if the
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Petitioner's vote were to be counted, his interest
would be adversely affected. In that view of the
matter, I.A.No.1/2025 was allowed, and he was
brought on record as Respondent No.6 in
W.P.No.14472/2020.
7. A similar application was filed in W.P.No.14457/2025
by the very same Sri.N.Nagireddy, which also came
to be allowed, and he was brought on record as
Respondent No.6.
8. Sri.Jayakumar S. Patil, learned Senior Counsel for
the Petitioner in both the matters, would submit
that:
8.1. The Petitioner-Society in both matters was
continuing to function without any interference
till the order of the ARCS, which had been
passed, allowing the elections dispute.
8.2. It is on account of the elections being set aside
that there was no Board of Directors to the said
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Society. It is in that background that a
necessary meeting of the Directors could not be
held, and the name of the delegate could not be
forwarded insofar as the elections to be held on
28.05.2025.
8.3. The Karnataka Appellate Tribunal, having
stayed the order of the ARCS in Appeal
No.103/2025 and a Co-ordinate Bench of this
Court having stayed the order of the ARCS in
W.P.No.13992/2025, the Board of Directors
was restored, and as such, a meeting was held
and an unanimous resolution was passed to
nominate the delegates.
8.4. The appointment of the Special Officer was in
pursuance of the order of the ARCS in both the
above matters. On account of the order of the
ARCS being set aside, the appointment of the
Special Officer would automatically be set aside
and the Board is restored.
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8.5. With the restoration of the Board, the
nomination of the delegate is proper and
correct. The Society is not disqualified from
voting, nor is it an ineligible Society for the
purpose of voting in terms of Section 20(2) of
the Karnataka Co-operative Societies Act, 1959,
(hereinafter referred to as the 'KCS Act' for
short).
8.6. The Petitioners in both matters has satisfied the
requirements of law insofar as they are eligible
to vote. The only reason why the delegation
form could not be sent was on account of the
order of the ARCS, which had been stayed.
8.7. There is no embargo on the part of the Society
forwarding the delegation and nominating the
delegates. These delegates ought to have been
considered by the Respondent-Deputy
Commissioner, but this was not done.
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8.8. This Court, vide interim orders, had permitted
the delegate to vote. Now that the delegate has
voted, he submits that the results of the
elections could be declared. There is no
particular aspect which needs to be decided,
inasmuch as the eligibility of the Petitioner-
Society to vote is accepted by one and all.
8.9. Until the final electoral list is finalised, there is a
possibility to revise the electoral roll in terms of
Rule 13-D of the Karnataka Co-operative
Societies Rules, 1960 (hereinafter referred to
as 'the KCS Rules' for short). The final eligible
voters' list is required to be published 15 days
prior to the date of the election. The election
was scheduled on 28.05.2025. The final
electoral list has been published on 12.05.2025.
The delegation form of the Petitioner, having
been submitted on 12.05.2025 itself, the
pettitioner's delegate's name could have been
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included. The electoral list, including the name
of the Petitioner, could have been published on
12.05.2025. It is on account of the same not
being done that the Petitioner has approached
this Court in both matters.
8.10. The Representation of the People Act, 1951
(hereinafter referred to as 'The RP Act' for
short), more particularly, Sub-Section (3) of
Section 23, makes necessary power available
for change in the electoral roll until the date of
election.
8.11. The Second proviso to Section 14 of the
Karnataka Municipalities Act, 1964, (hereinafter
referred to as 'the KM Act' for short) provides
for a change in the electoral roll till the last
date of nomination. There is no prejudice which
would be caused to the impleaded respondent
or anyone else, if the Petitioner's name had
been included. If the nomination of a delegate
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is made prior to the last date of publication of
the electoral roll, the same ought to have been
included.
8.12. In that background, he submits that this Court
may direct the announcement of results by
counting the votes of the petitioners.
9. Sri.D.R.Ravishankar, learned Senior Counsel for
respondent No.6, submits that:
9.1. Neither Section 23 of the RP Act nor the second
Proviso to Section 14 of the KM Act would be
applicable to the present proceedings.
9.2. In respect of parliamentary elections and/or
elections to the municipalities, the preparation
of the electoral roll is an ongoing process.
Anybody could be added and deleted at any
point in time, as long as the appropriate
requirements of law are fulfilled.
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9.3. The procedure under the Karnataka
Co-operative Societies Act and Rules is a
separate independent procedure. The process
and manner of preparing the electoral roll are
specifically detailed in the KCS Act and Rules,
and it is that procedure, which is required to be
followed, more particularly that under Rule
13-D of the KCS Rules.
9.4. Insofar as the RP Act and the KM Act are
concerned, the process is ongoing. There is
only an exception created during the actual
process of election when such changes cannot
be carried out. Any such changes could have
been made prior to the nomination date and
after the election process is completed.
9.5. Insofar as the election process under the KCS
Act and Rules, the eligibility of a voter is
required to be determined in terms of
procedure under Rule 13-D of the KCS Rules.
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If it is only if a Society, a person or a Society is
found to be eligible, would the name of such
person be printed in the list of eligible voters.
If a person or a Society is ineligible, the name
of such person or Society will be printed in the
list of ineligible voters.
9.6. In terms of Rule 13-D of the KCS Rules, an
Election Officer is required to, after due
verification, send a consolidated list of all
Cooperative Societies and Districts, where
elections are due at least 120 days before the
date of expiry of the term of the Office of the
Board to the Co-operative Election Authority.
The Election Authority, on receipt of the same,
would have to publish the calendar of events
for the preparation of electoral rolls and the
conduct of elections to the Board of Co-
operative Society.
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9.7. There are three baskets for preparation of the
rolls. The first basket relating to preparing a
draft list of eligible members or representatives
and delegates with the right to vote would have
to be published by following the procedure
under Rule 13-D (2-A)(i) of the KCS Rule.
9.8. The second basket relating to the list of
members, who have not paid the amounts due,
that is, who are defaulters, would have to be
published by following the procedure under
Rule 13-D(iii) of the KCS Rule.
9.9. Third basket containing a list of members or
representatives and delegates who are not
eligible to vote for any other reason is required
to be published by following the procedure in
terms of Rules 13-D(vi) and 13-D(v) of the KCS
Rule.
9.10. Once such a final list is published, there cannot
be any changes made therein. Any changes can
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happen only between a draft list and the final
list. The final list having been published on
12.05.2025. The Petitioner having furnished
delegation Form on 12.05.2025. After such
publication, the procedure could not be followed
and as such, the delegate of the Petitioner has
been rightly not permitted to vote at the
elections.
9.11. On the above basis, he submits that though this
Court had extended an indulgence to the
Petitioner to vote at the elections, the said
votes have been retained in a separate ballot
box.
9.12. It being clear that the Petitioner-Society was
ineligible to send a delegate for the elections to
the federal Society. The elections being subject
to the present proceedings, despite the
Petitioner having voted, this Court could direct
that the said votes be ignored and the results
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be announced on the basis of the votes cast by
other eligible voters.
9.13. On the basis of the above submissions, he
submits that the writ petition be dismissed and
the votes cast be disregarded.
10. Sri.K.S.Kalleshappa, learned counsel appearing for
respondent No.5-Federal Society, by relying on the
documents filed by him along with the memo dated
18.07.2025 submits that:
10.1. The Federal Bank had written to the Petitioner-
Society on 15.03.2025, calling upon them to
furnish the list of delegates and it is due to
non-furnishing of the said delegation form that
the Petitioners were included in the ineligible
voter list for the elections held on 28.05.2025.
10.2. Insofar as any other ineligibility, his submission
is that there is no outstanding of the Petitioners
to the 5th Respondent-Federal Bank and a letter
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to that effect has been provided by the 5th
Respondent to the Election Officer on
27.05.2025 clearly stating that the Petitioner-
Society is eligible to cast vote in the elections
to the 5th Respondent-Federal Bank.
11. Sri.Yogesh D. Naik, learned AGA would support
Respondent No.6 and submits that:
11.1. Since the delegation form has not been
received in time, the question of the delegation
form sent subsequently cannot be considered
and the Petitioner being listed in the ineligible
list cannot be permitted to vote and as such, he
reiterated the submissions of Sri.D.R.Ravi
Shankar, learned Senior Counsel by contending
that the above petitions are required to be
dismissed.
12. Heard Sri.Jayakumar S. Patil, learned Senior counsel
for the Petitioner, Sri D.R.Ravi Shankar, learned
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Senior Counsel for Respondent No.6,
Sri.K.S.Kalleshappa, learned counsel for Respondent
No.5, Sri.Yogesh D. Naik, learned AGA for
Respondent Nos.1, 3 and 4. Perused papers.
13. The points that would arise for consideration are:
1) Whether by operation of law, or an order
passed by any Authority or Court, if a
Society cannot hold a meeting and/or send
a delegate form to the elections of a
Federal Society could such a delegate form
be sent after the embargo on account of
any law or operation of an order of any
Authority or Court is set aside or
rescinded?
2) Can the list of eligible voters be changed?
If so, in what circumstances and until
what time?
3) In the present circumstances, what orders
are required to be passed?
14. I answer the above points as under:
15. The relevant provisions for the matter are:
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16. Rule 13-D of the KCS Rules, which is reproduced here
under for easy reference.
"13-D. Preparation of electoral rolls and
calendar of events.-
1) The District 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 the
term of office of the boards to the Co-operative
Election Commission 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 Commission.
2) The Co-operative Election Commission shall, on
receipt of such reports from the District Election
Officer of the district, containing the list of co-
operative 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 in the district indicating the
name and address of each Society and the date and
place of election;
3) The co-operative election commission shall take
steps,-
(a) for publication of draft eligible electoral list, a list of
defaulters, a list of members whose repayments will
fall due before the date fixed for publication of final
electoral roll at least forty five days before the date
of general election calling for objections, if any, and
calling upon the defaulter members to repay the
amounts due to the co-operative societies at least
fifteen days before the date of general election.
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(b) for publication of final eligible voters list on or before
fifteen clear days prior to the date of election:
Provided that the draft list of eligible members and
delegates with right to vote, the list of defaulters and
the list of other members and delegates who are not
eligible to vote as also the final list of electoral rolls
and the election calendar shall be announced on the
notice board of the concerned cooperative Society
and its branches, if any, the local office of the
department of cooperation, website if any of the
cooperative Society and such other prominent places
having access to the members and delegates of the
co-operative Society.
4) It shall be the duty of every Society to furnish correct
information required by the District Election Officer to
enable him to prepare the electoral rolls, as directed
by the Co-operative Election Commission or the
District Election Officer from time to time.
5) The chief executive of every cooperative 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;
and submit the said lists to the District Election
Officer along with the related books, records and
documents and any other information as the District
Election Officer may require, at least sixty days
before the date of election.
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6) The Co-operative Election Commission shall call upon
the chief executive of the cooperative Society to
obtain from the member society, the name of an
authorized 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 cooperative society; or
(b) all the individual members and the delegates of the
members societies with right to vote in respect of a
secondary cooperative 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 District
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."
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Amendment of Rule 13D (dated 06.06.2015):-
In Rule 13D of the said Rules,-
(a) in sub-rule(1), the words, "the district" shall be
omitted.; (b) in sub-rule(2),-
(i) for the words, "election officer of the district", the
words, "Election Officer" shall be substituted.
(ii) the words, "in the district" shall be omitted.;
(c) in sub-rule(3),-
(i) for the words, "Co-operative Election Commission",
the words, "Election Officer" shall be substituted.;
(ii) in clause (b), in the proviso, the words, "and such
other prominent places having access to the members
and delegates of the co-operative society" shall be
omitted.;
(d) for clause (d), the following shall be substituted,
namely,- "(4) It shall be the duty of every very
society too furnish correct information required by the
election officer to enable him to approve the electoral
rolls as directed by the Co-operative Election
Authority."
Amendment of Rule 13D (dated 29.07.2017):-
In rule 13D of the said rules,-
(a) in sub-rule (2), the words "and the date and place
of election" shall be omitted;
(b) for sub-rule (3), the following shall be substituted,
namely:-
"(3) The Election Officer shall take steps for
publication of voters list in the following manner,
namely:-
(a) for publication of draft eligible electoral list, a list
of defaulters, a list of members whose repayment falls
due, before the election date clear fifty days;
(b) for calling objections, if any, calling upon the
defaulter members to repay the amounts due to the
cooperative societies on or before thirty clear days
prior to the date of election.
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(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."
Amendment of Rule 13D (dated 08.12.2020).-
In the Karnataka Co-operative Societies Rules, 1960,
in rule 13D, after sub-rule (2),the following shall be
inserted, namely:-
"(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 co-operative Society shall
prepare notice in respect of members not attending
three out of the last five annual general body
meetings and members not utilizing such minimum
services or facilities in a co-operative year as
specified in the bye-laws for three consecutive
cooperative years.
(ii) The chief executive of every cooperative 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 cooperative 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 utilized 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 within sixty
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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."
17. Answer to Point No.1: Whether by operation of
law, or an order passed by any Authority or
Court, if a Society cannot hold a meeting
and/or send a delegate form to the elections of
a Federal Society could such a delegate form be
sent after the embargo on account of any law
or operation of an order of any Authority or
Court is set aside or rescinded?
17.1. The facts in the present matter are not in
dispute inasmuch as the election to the post of
Directors of the Petitioner was held on
09.07.2020 and that to the post of President
and Vice President was held on 20.07.2020. On
31.08.2020, disputes were raised as regards to
the said elections. The term of office coming to
an end on the midnight of 08.07.2025. On
31.01.2025, Respondent No.1 had passed an
order setting aside the election to the
Petitioner-Society held on 09.07.2020, as also
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the election to the office bearers held on
20.07.2020.
17.2. This was challenged before the Karnataka
Appellate Tribunal in Appeal No.103/2025. The
Tribunal, vide its order dated 09.05.2025,
stayed the said order.
17.3. In pursuance thereof, on 12.05.2025, the Vice-
President was unanimously selected as a
delegate to represent the Petitioner-Society to
vote on behalf of the Society in the election to
the 5th Respondent-Federal Bank, which is
scheduled on 28.05.2025.
17.4. Insofar as the facts in W.P.No.14472/2025 are
concerned, the election to the post of Directors
was held on 09.07.2020 and the election to the
post of President and Vice-President was held
on 20.07.2020. Dispute as regards the election
was raised on 31.08.2020, Respondent No.1
had, on 31.01.2025, passed an order setting
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aside the election of the Directors held on
09.07.2020 and office bearers held on
20.07.2020, which came to be challenged in
Appeal No.98/2025. The Appellate Tribunal, on
02.05.2025, had dismissed the application of
stay, which came to be challenged in
W.P.No.13992/2025, a Co-ordinate Bench of
this Court, vide its order dated 08.05.2025,
stayed the order passed by the ARCS. In
pursuance thereof, a resolution was passed
where the President was unanimously selected
as a delegate. The resolution having been
submitted on 12.05.2025, the elections were
scheduled to be held on 28.05.2025.
17.5. A perusal of the facts in both the matters would
indicate that the election to the Board of
Directors took place on 08.07.2020, which
election came to be set aside, but, however was
stayed either by the Karnataka Appellate
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Tribunal or by a Coordinate Bench of this Court.
Thus, the term of office would continue from
09.07.2020 for a period of 5 years ending in
the midnight of 08.07.2025.
17.6. Once a stay has been granted, the effect of the
said order would be that the election would
continue to be valid and the Board of Directors
as also the President and the Vice-President
could continue to discharge their duties until
any other order was passed. However, the same
is restricted by a term that is till 08.07.2025,
the mere order of stay by the KAT or this Court
needless to say cannot extend the term of the
elected Directors.
17.7. There was no embargo until 31.01.2025 for the
Society to nominate its delegate, but on
account of the order dated 31.01.2025, the
election having been set aside, the Society,
could not forward the delegation.
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17.8. On account of the Karnataka Appellate Tribunal
staying the order on 31.01.2025, the embargo
got lifted insofar as W.P.No.14457/2025 is
concerned and immediately thereafter on
12.05.2025, a delegation form was submitted
for election to be held on 28.05.2025. Both
these dates were within the term of the Society,
the said term ending on 08.07.2025.
17.9. Insofar as W.P.No.14472/2025 is concerned,
again the embargo came about on 31.01.2025
which got stayed by a Co-ordinate Bench of this
Court vide its order dated 08.05.2025 and the
delegation was submitted on 12.05.2025 for
elections to be held on 28.05.2025.
17.10. Even insofar as the facts in W.P.No.14472/2025
are concerned, the submission of the delegation
form and the election to the 5th respondent-
Federal Society was within the term of the
primary Society, i.e., 8-7-2025 on account of
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the orders of the ARCS had been stayed. Once
the orders of the ARCS were stayed, it would
revive the Board of Directors/Committee, who
could continue to function unless any other
order contrary thereto were to be passed.
17.11. Thus, as on the date of the resolution being
passed in both matters, on account of stay by
the Karnataka Appellate Tribunal and or by a
Co-ordinate Bench of this Court, the Office of
the Board of Directors had been revived,
permitting them to take such an action as
necessary as Board of Directors. The election to
the 5th respondent-Federal Society being held
on 28.05.2025 within the term. In that view, I
am of the considered opinion that the
delegation form submitted ought to have been
considered.
17.12. Hence, I answer point No.1 by holding that
when by operation of law or an order passed by
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any Authority or Court, if a Society cannot hold
a meeting and/or send a delegate form to the
elections of the Federal Society, a delegate form
can subsequently be sent after the embargo on
account of any law or operation of an order of
any Authority or Court is set aside or rescinded,
so long as the same is within the time limits
prescribed under the calendar of events. In
both the cases, the said delegation form having
been submitted much before the election as
also 15 days prior to the elections to be held. In
that view, I am of the considered opinion that
they are validly submitted and ought to have
been taken into consideration for the purpose of
preparation of the electoral roll.
18. Answer to point No.2: Can the list of eligible
voters be changed? If so, in what
circumstances and until what time?
18.1. The submission of Sri.Jayakumar S. Patil,
learned Senior Counsel appearing for the
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Petitioner is that the electoral roll could be
changed at any point of time whereas the
submission of Sri D.R.Ravi Shankar, learned
Senior Counsel appearing for Respondent No.6
is that Sri Jayakumar S. Patil, learned Senior
Counsel has referred to is in respect of the RP
Act, which applies to the elections to the
members of Parliament and the members of
Legislative Assembly and does not apply to the
elections to a Co-operative Society since the
eligibility or ineligibility of a voter would have to
be decided in terms of Rule 13-D of the KCS
Rules.
18.2. There cannot be any dispute with the
submission made by Sri.D.R.Ravishankar,
learned Senior Counsel for Respondent No.6,
inasmuch as for a person to be eligible to vote
in an election of a Co-operative Society, several
of the criteria under the KCS Act as also the
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KCS Rules, more particularly, as enshrined in
Rule 13-D would have to be complied with. The
Society is required to comply with the provision
of Rule 13-D of the KCS Rules by making a list
of all ineligible voters, who are so ineligible in
terms of the Act.
18.3. Once the list of ineligible voters is prepared,
notices have to be issued to the ineligible
voters to make their submissions, their
submission would have to be considered, and a
decision taken as to whether the ineligibility
would continue or not. Thus, what is prepared
under Rule 13-D is not a list of eligible voters,
but a list of ineligible voters and it is those
ineligible voters, who are required to be given a
notice as afore indicated. Persons/societies
which do not recieve any such notice by
necessary implication would be eligible voters.
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18.4. A list of eligible voters is prepared as per the
electoral roll after the calendar of events is
announced, permitting those eligible voters to
vote at the said elections. The preparation of
list of voters initially as indicated is with
reference to ineligible voters and not with
respect to eligible voters.
18.5. In the present case, the Petitioner-Society was
included in the list of ineligible voters on
account of the orders which had been passed
by the ARCS and for no other reasons, there is
no other default, which is stated to have been
committed by the Petitioner-Society as
informed to this Court on due enquiry.
18.6. Thus, the only reason why the petitioners name
was found in the ineligible list was an account
of the orders passed by the ARCS which have
subsequently been stayed by either the
Karnataka Appellate Tribunal or a Co-ordinate
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Bench of this Court. Once such a stay has
occurred, it would revive the validity of the
Board of Directors and take away the
ineligibility on part of the said Co-operative
Society as pleaded in the present case.
18.7. Once such a stay order was passed, it was but
required for the concerned Authorities to
consider the said order of stay and remove the
name of the Petitioner-Society from the list of
ineligible voters and to include the same in the
list of eligible voters as and when prepared. In
my considered opinion this process can be done
until the procedure under Rule 13D are
complied with and completed.
18.8. In the present case, it being required that the
list of eligible voters be prepared 15 days prior
to the date of elections. The Petitioner in both
the cases having submitted the delegation
forms and the order of stay passed by the
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Karnataka Appellate Tribunal as also a Co-
ordinate Bench of this Court 15 days prior to
the date of election. It was but required for the
respondents to have included the name of the
Petitioner in the electoral roll permitting them
to vote.
18.9. I answer Point No.2 by holding that it should be
the endeavor of the officers of the Registrar of
Co-operative Society to ensure maximum
democratic participation and for that purposes
the list of eligible voters could be prepared till
the very last moment permitted that is 15 days
prior to the elections to be held by considering
all relevant matters which may be submitted by
the voter concerned to shift the name of such
voter from the ineligible list to the eligible list.
19. Answer to point No.3: In the present
circumstances, what orders are required to be
passed?
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19.1. In view of my answers to point Nos.1 and 2, it
being clear that as on the date on which the
delegation form was submitted by the
Petitioners in both the matters, there was no
embargo on the Petitioners to vote at the
election as also it being clear that, the said
delegation form was submitted 15 days prior to
the election to be held, the respondents ought
to have included the name of the delegate of
the Petitioners in the eligible electoral voters
list. In that background, I pass the following:
ORDER
I. The writ petitions are allowed. II. In view of the fact that by way of the interim orders passed by this Court, the Petitioner-Co- operative Society in both the matters was permitted to vote at the elections held on 28.05.2025, the respondents are directed to count the said votes which have been kept in
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III. In the event of any person being aggrieved by the same, liberty is reserved to file necessary proceedings under Section 70 of the Karnataka Co-operative Societies Act, 1959.
Sd/-
(SURAJ GOVINDARAJ) JUDGE KTY/-
List No.: 19 Sl No.: 1