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Karnataka High Court

Sri. Rajashekar N M vs The State Of Karnataka on 29 January, 2025

                                                -1-
                                                             NC: 2025:KHC:4087
                                                           WP No. 828 of 2025
                                                       C/W WP No. 884 of 2025



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF JANUARY, 2025

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                              WRIT PETITION NO. 828 OF 2025 (CS-EL/M)
                                               C/W
                              WRIT PETITION NO. 884 OF 2025 (CS-EL/M)

                      IN WP No. 828/2025

                      BETWEEN:

                      SRI. RAJASHEKAR N M
                      S/O. MUNIYAPPA,
                      AGED ABOUT 45 YEARS,
                      R/O. NO.35, 3RD CROSS
                      HANUMAPPA LAYOUT
                      ALLALASANDRA, GKVK POST
                      BENGALURU-560 065
                                                                 ...PETITIONER
                      (BY SRI. PUNEET K. KARIYANNA, ADVOCATE)

                      AND:
Digitally signed by
MAHALAKSHMI B M
Location: HIGH
                      1.    THE STATE OF KARNATAKA
COURT OF                    DEPARTMENT OF CO-OPERATION,
KARNATAKA                   M.S.BUILDING,
                            DR. B.R.AMBEDKAR VEEDHI,
                            BENGALURU-560 001.
                            REP. BY ITS SECRETARY

                      2.    BYATARAYANAPURA PRIMARY AGRICULTURAL
                            CO-OPERATIVE SOCIETY LTD.,
                            YELAHANKATALUK,
                            BENGALURU-562 157
                            REP. BY ITS CHIEF EXECUTIVE
                            OFFICER
                             -2-
                                          NC: 2025:KHC:4087
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3.   THE STATE CO-OPERATIVE
     ELECTION AUTHORITY,
     3RD FLOOR, T.T.M.C A BLOCK,
     SHANTHI NAGAR,
     BENGALURU-560 027
     REP BY ITS SECRETARY

4.   RETURNING OFFICER,
     BYATARAYANAPURA PRIMARY
     AGRICULTURAL CO-OPERATIVE
     SOCIETY LTD., BYATARAYANAPURA
     BELLARY MAIN ROAD,
     BENGALURU -560 097.

5.   DEPUTY REGISTRAR OF CO-OPERATIVE
     SOCIETIES, ELECTION OFFICER
     BENGALURU NORTH DISTRICT,
     SAHAKARI SOUDHA, 9TH CROSS,
     MALLESHWARAM,
     BENGALURU-560 004
                                           ...RESPONDENTS
(BY SRI. YOGESH D.NAIK, AGA FOR R1 & R4;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R3 & R5)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS PERTAIN TO ISSUE OF THE CALENDAR OF
EVENTS ISSUED BY 4TH RESPONDENT DATED 1-01-2025 AND
DIRECTING THE RESPONDENTS 2 TO 5 TO PREPARE VOTER
LIST OF 2ND RESPONDENT SOCIETY FOR THE YEAR 2025-2030,
IN   ACCORDANCE     WITH   LIST    OF   MEMBERS   WITHOUT
INSISTING UNDER SEC 20 (2) (A-IV) (A-V) OF ACT.
                            -3-
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                                     WP No. 828 of 2025
                                 C/W WP No. 884 of 2025



IN WP NO. 884/2025

BETWEEN:

1.   SRI. K. PRABHAKAR
     S/O KRISHNAPPA
     AGED ABOUT 40 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.66/3

2.   SRI.MARUTHI
     S/O LATE.ANJINAPPA
     AGED ABOUT 35 YEARS
     RESIDING AT ALLALASANDRA
     GKVK POST, BANGALORE 560065
     SHARE NO.69/1

3.   SRI.SANTOSH KUMAR
     S/O T.RAMAIAH
     AGED ABOUT 40 YEARS
     RESIDING AT ALLALASANDRA
     GKVK POST, BANGALORE 560065
     SHARE NO.315/1

4.   SMT.CHANDRABANU
     D/O B.BAIRAPPA
     AGED ABOUT 30 YEARS
     RESIDING AT ALLALASANDRA
     GKVK POST, BANGALORE 560065
     SHARE NO.170/1

5.   SMT.CHANDRAMMA
     W/O KEMPARAJU
     AGED ABOUT 40 YEARS
     RESIDING AT ALLALASANDRA
     GKVK POST, BANGALORE 560065
     SHARE NO.142/1

6.   SRI.THIMMARAJU
     S/O NARAYANAPPA.T
                            -4-
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                                 C/W WP No. 884 of 2025



      AGED ABOUT 50 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.78/1

7.    SRI.NANDAKUMAR. N
      S/O NARAYANAPPA
      AGED ABOUT 45 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.80/1

8.    SRI.PRAKASH
      S/O KRISHNAPPA
      AGED ABOUT 35 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.90/1

9.    SMT.YASHODHAMMA
      W/O RAMANNA
      AGED ABOUT 60 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.43/1

10.   SRI.RAVIKUMAR
      S/O DODDANNAPPPA
      AGED ABOUT 43 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.20/1

11.   SMT.SHARADHAMMA
      S/O JAYARAM
      AGED ABOUT 55 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.148/1

12.   SRI.DAYANAND
      S/O MUNIKRISHNAPPA
                          -5-
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                                  C/W WP No. 884 of 2025



      AGED ABOUT 40 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.105/1

13.   SRI.RAMESH
      S/O CHIKKAMARIYAPPA
      AGED ABOUT 42 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.114/1

14.   SRI.Y.NAGARAJ
      S/O YELASAPPA
      AGED ABOUT 60 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.9/1

15.   SRI.GURUSIDDAPPA
      S/O GURAPPA
      AGED ABOUT 65 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.2/1

16.   SMT.MANJULA. C
      W/O DEVARAJU
      AGED ABOUT 50 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.74/1

17.   SMT.GIRIJAMMA
      W/O MUNIVENKATAPPA
      AGED ABOUT 50 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.76/1

18.   SRI.SASHIKUMAR
      S/O LATE. CHIKKAMUNIYAPPA
                          -6-
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                               C/W WP No. 884 of 2025



      AGED ABOUT 48 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.79/1

19.   SRI.MADHUSUDAN
      S/O NAGABHUSAN
      AGED ABOUT 46 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.82/1

20.   SRI.DEVARAJ. M
      S/O LATE.MUNISWAMAPPA
      AGED ABOUT 58 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.85/1

21.   SMT.ANJANAMMA
      W/O KRISHNAPPA
      AGED ABOUT 60 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.88/1

22.   SRI.PRASAD
      S/O KRISHNAPPA
      AGED ABOUT 40 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.89/1

23.   SMT.CHAYA
      W/O NAVEEN KUMAR
      AGED ABOUT 30 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.92/1

24.   SRI.SATISH
      S/O NAGABHUSAN
                          -7-
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                               C/W WP No. 884 of 2025



      AGED ABOUT 48 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.94/1

25.   SRI.NAVEEN. K
      S/O KRISHNAPPA
      AGED ABOUT 38 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.95/1

26.   SRI.REVANNA
      S/O LATE.MUNIYAPPA
      AGED ABOUT 55 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.150/1

27.   SMT PUTTAGOWRAMMA
      W/O MADHUSUDHAN.N
      AGED ABOUT 38 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.98/1

28.   SMT.LAKSHMI
      S/O SASHIKUMAR
      AGED ABOUT 38 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.103/1

29.   SRI.MUNIANJINAPPA
      S/O SONNAPPA
      AGED ABOUT 49 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.104/1

30.   SMT.TRIVENI
      W/O THIMMARAJU
                             -8-
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                                  C/W WP No. 884 of 2025



      AGED ABOUT 42 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.160/1

31.   SRI.ASHWATHNARAYAN
      S/O MUNITHIMMAIAH
      AGED ABOUT 30 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.184/1

32.   SRI.MUNIRAJU
      S/O CHIKKATHIMMAIAH
      AGED ABOUT 60 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.162/1

33.   SRI.K.V.KESHAV
      S/O VENKATANAYAK
      AGED ABOUT 58 YEARS
      R/AT SRIRAMPURA
      YELAHANKA POST, BANGALORE 560064
      SHARE NO.136/1

34.   SMT.RAJINA
      W/O FRANCSIS
      AGED ABOUT 40 YEARS
      R/AT JAKKUR LAYOUT
      YELAHANKA, BANGALORE 560044
      SHARE NO.59/1

35.   SRI.HARISH.J
      S/O JAYARAM
      AGED ABOUT 46 YEARS
      R/AT AMRUTHHALLI
      SAHAKARNAGAR PO
      BANGALORE 560092
      SHARE NO.18/3
                             -9-
                                        NC: 2025:KHC:4087
                                      WP No. 828 of 2025
                                  C/W WP No. 884 of 2025



36.   SRI.UMAKANTH
      S/O PRABHUDEV
      AGED ABOUT 49 YEARS
      R/AT 107/1, YASHODA NAGAR
      YELAHANKA TALUK
      JAKKUR PO, BANGALORE 560064
      SHARE NO.107/1

37.   SRI.VASANTH KUMAR.N
      S/O LATE.NAGARAJ
      AGED ABOUT 46 YEARS
      R/AT HEBBALA
      R.T.NAGAR PO
      BANGALORE 560032
      LF NO.179/1

38.   SMT.K.RENUKA
      W/O A.BYREGOWDA
      AGED ABOUT 50 YEARS
      R/AT YASHODA NAGAR
      YELAHANKA TALUK
      JAKKUR PO, BANGALORE 560064
      SHARE NO.101/1

39.   SMT A.BYREGOWDA
      S/O ANDANAPPA
      AGED ABOUT 54 YEARS
      R/AT YASHODA NAGAR
      YELAHANKA TALUK
      JAKKUR PO, BANGALORE 560064
      SHARE NO.102/1

40.   SRI.A.G.ANJINAPPA
      S/O ANDANAPPA
      AGED ABOUT 62 YEARS
      R/AT YASHODA NAGAR
      YELAHANKA TALUK
      JAKKUR PO, BANGALORE 560064
      SHARE NO.103/1

41.   SMT.MANJULA
      S/O A.ANJINAPPA
                             - 10 -
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                                     C/W WP No. 884 of 2025



      AGED ABOUT 55 YEARS
      R/AT YASHODA NAGAR
      YELAHANKA TALUK
      JAKKUR PO, BANGALORE 560064
      SHARE NO.104/1

42.   SMT.SASHIKALA M.G
      W/O P.UMAKANTH
      AGED ABOUT 40 YEARS
      R/AT YASHODA NAGAR
      YELAHANKA TALUK
      JAKKUR PO, BANGALORE 560064
      SHARE NO.106/1

43.   SRI.CHALAPATHI.K.P
      S/O PAPPANNA
      AGED ABOUT 47 YEARS
      R/AT HEBBALA
      R.T.NAGAR PO
      BANGALORE 560032
      SHARE NO.4/2

44.   SRI.MANJUNATH. K.P
      S/O PAPANNA
      AGED ABOUT 43 YEARS
      RESIDING AT HEBBALA
      R.T.NAGAR PO
      BANGALORE 560032
      SHARE NO.5/2

45.   SRI.DILIP KUMAR .S
      S/O SOMANNA
      AGED ABOUT 40 YEARS
      R/AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.45/1

46.   SRI.DIVAKAR
      S/O SHANTHARAJU
      AGED ABOUT 46 YEARS
      RESIDING AT ALLALASANDRA
                          - 11 -
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                                  C/W WP No. 884 of 2025



      GKVK POST, BANGALORE 560065
      SHARE NO.173/1

47.   SRI.MANJUNATH
      S/O MUNIRAJU
      AGED ABOUT 47 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.15/3

48.   SRI.B.M.MUNIRAJU
      S/O LATE.MUNIBATHAPPA
      AGED ABOUT 48 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.85/3

49.   SRI.B.M.KEMPARAJU
      S/O LATE.MUNIBATHAPPA
      AGED ABOUT 45 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.86/3

50.   SMT.REVATHI.S
      W/O SURESH
      AGED ABOUT 33 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.68/4

51.   SRI.RAGHU.R
      S/O RAJANNA
      AGED ABOUT 30 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.69/4
                          - 12 -
                                        NC: 2025:KHC:4087
                                      WP No. 828 of 2025
                                  C/W WP No. 884 of 2025



52.   SRI.RAMANNA
      S/O CHIKKSONAPPA
      AGED ABOUT 62 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.65/2

53.   SMT.ANUSUYAMMA
      W/O KEMPANNA
      AGED ABOUT 60 YEARS
      R/AT NO.496, AMRUTHAHALLI
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.39/2

54.   SRI.B.MUNIKALAPPA
      S/O DODDAMUNIYAPPA
      AGED ABOUT 65 YEARS
      R/AT NO.85, ARALIMARADA ROAD
      AMRUTHAHALLI, JAKKUR PO
      BANGALORE 560064
      SHARE NO.80/1

55.   SMT.JAYAMMA
      W/O MUNIKALLAPPA
      AGED ABOUT 60 YEARS
      R/AT NO.85, ARALIMARADA ROAD
      AMRUTHAHALLI, JAKKUR PO
      BANGALORE 560064
      SHARE NO.81/1

56.   SRI.GOPI
      S/O MUNIKRISHNAPPA
      AGED ABOUT 55 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.134/2

57.   SRI.JAYARAM
      S/O VAYRA MUNIGOWDA
      AGED ABOUT 46 YEARS
                             - 13 -
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      R/AT AMRUTHAHALLI, JAKKUR PO
      BANGALORE 560064
      SHARE NO.144/3

58.   SRI.B.MUNIRAJ
      S/O LATE.BIRAPPA
      AGED ABOUT 47 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.10/1

59.   SRI.JAYARAM
      S/O BIRAPPA
      AGED ABOUT 51 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.139/1

60.   SMT.YASHODAMMA
      W/O JAYARAM
      AGED ABOUT 45 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE
      SHARE NO.151/1

61.   SRI.RAVI
      S/O MUNIKRISHNAPPA
      AGED ABOUT 46 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.12/2

62.   SMT.LAKSHMI.R
      W/O BATTILINGA
      AGED ABOUT 40 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.40/2

63.   SRI.KUMAR
      S/O MUNIKRISHNAPPA
      AGED ABOUT 49 YEARS
                          - 14 -
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      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.135/2

64.   SMT.RADHA
      W/O UMESH
      AGED ABOUT 36 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.35/2

65.   SMT.LAKSHMI DEVI
      W/O GOPI
      AGED ABOUT 48 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.5/2

66.   SRI.RAMESH.A.G
      S/O JAYARAM
      AGED ABOUT 42 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.45/2

67.   SRI.MUNIMALLAPPA
      S/O BIRAPPA
      AGED ABOUT 52 YEARS
      R/AT AMRUTHAHALLI,
      JAKKUR PO, BANGALORE 560064
      SHARE NO.34/2

68.   SRI.S.NARAYANACHAR
      S/O LATE.SUBBACHAR
      AGED ABOUT 62 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.11/1

69.   SMT.INDRAMMA
      W/O NARAYANACHAR
                          - 15 -
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                                  C/W WP No. 884 of 2025



      AGED ABOUT 48 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.12/1

70.   SMT.HEMAVATHI
      W/O ANANDAMURTHY
      AGED ABOUT 41 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.17/1

71.   SMT.SHWETHA SINGH
      W/O VIJAY KUMAR
      AGED ABOUT 40 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.19/1

72.   SRI.RAKESH SINGH
      S/O LATE.MANJUNATH SINGH
      AGED ABOUT 35 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.20/1

73.   SMT.JAYAMMA
      W/O NARASIMAIAH
      AGED ABOUT 65 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.26/1

74.   SMT.RANGAMMA
      W/O NARASIMAIAH
      AGED ABOUT 68 YEARS
      R/AT SANJEEVININAGAR
                           - 16 -
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      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.27/1

75.   SMT.KAVITHA M.R. GOWDA
      W/O RAJENDRA
      AGED ABOUT 40 YEARS
      R/AT SANJEEVININAGAR
      SAHAKARNAGAR PO,
      BANGALORE 560092
      SHARE NO.28/1

76.   SMT.JALAJAKSHI
      S/O NARASIMHA MURTHY
      AGED ABOUT 60 YEARS
      R/AT NO.292
      JAKKUR LAYOUT, JAKKUR PO
      BANGALORE 560064
      SHARE NO.189/3

77.   SRI.MUNI HANUMAIAH
      S/O LATE.MUNI HANUMAPPA
      AGED ABOUT 65 YEARS
      R/AT NO.221, 12TH CROSS
      NEAR RAILWAY GATE
      JAKKUR, JAKKUR PO
      BANGALORE 560064
      SHARE NO.173/1

78.   SMT.LAKSHMI
      W/O AMBRISHA
      AGED ABOUT 35 YEARS
      R/AT NO.194, 1ST
      AND 2 ND CROSS
      10TH B ROAD, JAKKUR LAYOUT
      JAKKUR, BANGALORE 560064
      SHARE NO.139/1
      ....
79.   SMT JAYANTHI
      W/O SUDHAKAR
      AGED ABOUT 44 YEARS
      R/AT NO.292, 4TH B CROSS,
                          - 17 -
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      JAKKUR LAYOUT
      BANGALORE 560064
      SHARE NO.172/3

80.   SRI.KAJUVALI
      S/O MOHAMMED ALI SAB
      AGED ABOUT 43 YEARS
      R/AT NO.88, MUNESHWARA TEMPLE ROAD
      JAKKUR, BANGALORE 560064

81.   SMT.NEELAMMA
      W/O LATE.SEETHARAM
      AGED ABOUT 70 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.15/3

82.   SRI.MUNIRAJU
      S/O LATE KODENAHALLI MUNISHAMAPPA
      AGED ABOUT 55 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.61/1

83.   SRI.CHANNAKESHAVA
      S/O LATE GOPAL.K
      AGED ABOUT 48 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.62/1

84.   SRI.L.MUNIRAJU
      S/O LATE.LAKKAPPA
      AGED ABOUT 70 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.113/1
                            - 18 -
                                          NC: 2025:KHC:4087
                                        WP No. 828 of 2025
                                    C/W WP No. 884 of 2025



85.   SMT.MANJULAMMA
      W/O L.MUNIRAJU
      AGED ABOUT 62 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.112/1

86.   SRI.KALYAN KUMAR.R
      S/O RAMANNA
      AGED ABOUT 40 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.66/2

87.   SRI.RAJANIKANTH.R
      S/O RAMANNA
      AGED ABOUT 42 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.67/2

88.   SRI.B.C.PRABHAKAR
      S/O LATE.CHANNA KRISHNAPPA
      AGED ABOUT 54 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.97/2

89.   SRI.C.MUNIRAJU
      S/O LATE.CHIKKAPPAIAH
      AGED ABOUT 42 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.109/2

90.   SRI.K.SHIVARAJ
      S/O LATE.KEMPARAJU
                         - 19 -
                                       NC: 2025:KHC:4087
                                     WP No. 828 of 2025
                                 C/W WP No. 884 of 2025



      AGED ABOUT 55 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.196/2

91.   SRI.NAVANEETH KUMAR
      S/O L.MUNIRAJU
      AGED ABOUT 30 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.30/3

92.   SRI.K.MANJUNATH
      S/O KRISHNAPPA
      AGED ABOUT 44 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.55/3

93.   SMT.M.VEENA
      W/O K.MANJUNATH
      AGED ABOUT 40 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.56/3

94.   SMT.PILLA MUNIYAMMA
      W/O LATE.KEMPARAJU
      AGED ABOUT 74 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.55/3

95.   SMT.NEELAMMA
      W/O LATE.SEETHARAMU
      AGED ABOUT 72 YEARS
      R/AT BYATRAYANAPURA
                          - 20 -
                                        NC: 2025:KHC:4087
                                      WP No. 828 of 2025
                                  C/W WP No. 884 of 2025



      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.61/3

96.   SMT JAYAMMA
      SMT.JAYAMMA
      W/O KRISHNAPPA
      AGED ABOUT 68 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.63/3

97.   SMT.YASHWINI
      W/O K.SRIDHAR
      AGED ABOUT 33 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.65/3

98.   SRI.K.SRIDHAR
      S/O KRISHNAPPA
      AGED ABOUT 46 YEARS
      RESIDING AT ALLALASANDRA
      GKVK POST, BANGALORE 560065
      SHARE NO.97/1

99.   SMT.KRUTHIKA
      W/O PRABHAKAR
      AGED ABOUT 36 YEARS
      R/AT BYATRAYANAPURA
      SAHAKARNAGAR PO
      BANGALORE 560094
      SHARE NO.67/3

100. SRI.KANTHAMANI
     S/O CHIKKARAMAYA
     AGED ABOUT 52 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
                         - 21 -
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                                     WP No. 828 of 2025
                                 C/W WP No. 884 of 2025



     BANGALORE 560094
     SHARE NO.78/3

101. SRI.KUMAR.L
     S/O CHIKKARAMAYA
     AGED ABOUT 42 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.79/3

102. SRI.ARUNA B.R
     S/O RAMAIAH
     AGED ABOUT 46 YEARS
     R/AT NO.12, NEAR DODDAMMA TEMPLE
     BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.87/2

103. SRI.MAHESH.C
     S/O CHIKKARAMAYA
     AGED ABOUT 55 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.80/3

104. SRI.SUBHASH.M
     S/O MAHESH
     AGED ABOUT 34 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.81/3

105. SRI.MUNIKUMAR.N
     S/O NAGAPPA
     AGED ABOUT 40 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
                        - 22 -
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                                    WP No. 828 of 2025
                                C/W WP No. 884 of 2025



    BANGALORE 560094
    SHARE NO.84/3

106. SRI.B.M.MUNIRAJU
     S/O MUNIBATHAPPA
     AGED ABOUT 52 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.85/3

107. SRI.KEMPARAJU B.M
     S/O MUNIBATHAPPA
     AGED ABOUT 49 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.86/3

108. SMT.B.S.SURESH
     S/O SHAMANNA
     AGED ABOUT 47 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.48/2

109. SRI.VASANTH KUMAR.N
     S/O LATE.NARAYANSWAMY
     AGED ABOUT 43 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     LF NO.144/2

110. SMT.B.S.SUKANYA
     W/O G.K.NARAYANSWAMY
     AGED ABOUT 47 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.87/3
                        - 23 -
                                      NC: 2025:KHC:4087
                                    WP No. 828 of 2025
                                C/W WP No. 884 of 2025



111. SRI.M.HEMAVATHI
     W/O CHANDRASHEKAR
     AGED ABOUT 35 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.89/3

112. SMT.VANISHREE
     D/O PALANISWAMY
     AGED ABOUT 42 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.93/3

113. SMT.SHYALAJA
     W/O NARAYANSWAMY
     AGED ABOUT 45 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.109/3

114. SRI.D.MUNIRAJU
     S/O LATE.DODDARAMAYYA
     AGED ABOUT 55 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.138/3

115. SRI.RAJASHEKAR B.K
     S/O KRISHNAPPA
     AGED ABOUT 40 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.164/3

116. SMT.REVATHI.C
     W/O B.G.CHANNAKESHAVA
                            - 24 -
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                                    C/W WP No. 884 of 2025



     AGED ABOUT 30 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.30/4

117. SMT.ROHINI.C
     W/O B.G.CHANNAKESHAVA
     AGED ABOUT 25 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.31/4

118. SMT.B.K.LATHA
     W/O BEEREGOWDA
     AGED ABOUT 50 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.32/4

119. SMT.GOVINDAMMA
     W/O RUDRAPPA
     AGED ABOUT 62 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560092
     SHARE NO.27/1

120. SMT.RAMYA.S
     D/O LATE.SAMPATH
     AGED ABOUT 25 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.33/4

121. SRI.NAGARAJ.A
     S/O ANNAYAPPA
     AGED ABOUT 55 YEARS
     R/AT SHABRINAGARA
                            - 25 -
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                                    C/W WP No. 884 of 2025



     BYATARAYANAPURA
     BANGALORE-560092
     SHARE NO.193/3

122. SMT.KOMALA.P
     W/O NAGARAJ.A
     AGED ABOUT 45 YEARS
     R/AT SHABRINAGARA
     BYATARAYANAPURA
     BANGALORE-560092
     SHARE NO.194/3

123. SMT.ASHA RANI
     W/O KEMPARAJ
     AGED ABOUT 35 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.36/4

124. SMT.CHANDRAKALA
     W/O B.M.MUNIRAJU
     AGED ABOUT 36 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.37/4

125. SMT.KOMALA
     W/O B.K.SHIVARAJ
     AGED ABOUT 50 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
     BANGALORE 560094
     SHARE NO.39/4

126. SMT.GANGAMMA
     W/O B.K.SHIVARAJ
     AGED ABOUT 30 YEARS
     R/AT BYATRAYANAPURA
     SAHAKARNAGAR PO
                             - 26 -
                                           NC: 2025:KHC:4087
                                         WP No. 828 of 2025
                                     C/W WP No. 884 of 2025



       BANGALORE 560094
       SHARE NO.40/4

127. SMT.ANDILI
     W/O RAVI
     AGED ABOUT 40 YEARS
     R/AT AMRUTHAHALLI,
     JAKKUR PO, BANGALORE 560064
     SHARE NO.13/2

128. SRI.RAVICHANDRA.M
     S/O MUNIYAPPA
     AGED ABOUT 44 YEARS
     R/AT NO.7, 1ST CROSS
     SHABRINAGARA,
     BYATARAYANAPURA PO
     BANGALORE-560092
     SHARE NO.67/1
                                           ...PETITIONERS
(BY SRI. SHIVARAMU H.C, ADVOCATE)

AND:

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

2.     BYATARAYANAPURA
       PRIMARY AGRICULTURAL
       CO-OPERATIVE SOCIETY LTD.,
       BELLARY ROAD, BYATARAYANAPURA,
       BENGALURU URBAN-560092.
       REP BY ITS CHIEF EXECUTIVE OFFICER.

3.     THE STATE CO-OPERATIVE ELECTION
       AUTHORITY, 3RD FLOOR, T.T.M.C A BLOCK,
       SHANTHI NAGAR,
       BENGALURU-560 027
       REP BY ITS SECRETARY.
                            - 27 -
                                          NC: 2025:KHC:4087
                                        WP No. 828 of 2025
                                    C/W WP No. 884 of 2025



4.    RETURNING OFFICER,
      BYATARAYANAPURA PRIMARY AGRICULTURAL
      CO-OPERATIVE SOCIETY LTD.,
      YELAHANKA TALUK,
      BYATARAYANAPURA ,
      BELLARY MAIN ROAD,
      BENGALURU URBAN-560097.

5.    DEPUTY REGISTRAR
      OF CO-OPERATIVE SOCIETIES AND
      ELECTION OFFICER,
      BENGALURU NORTH DISTRICT,
      SAHAKARISOUDHA, 9TH CROSS,
      MALLESHWARAM,
      BENGALURU-560 004.
                                       ...RESPONDENTS
(BY SRI. YOGESH D.NAIK, AGA FOR R1, R4 & R5;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS PERTAIN TO ISSUE OF THE CALENDAR
OF EVENTS ISSUED BY R-4 DTD. 01.01.2025 AND DIRECT
THE R-2 TO 5 PREPARE VOTER LIST OF R-2 SOCIETY FOR
THE YEAR 2025-2030 IN ACCORDANCE WITH LIST OF
MEMBERS WITHOUT INSISTING UNDER SEC. 20 (2) (a-iv)
(a-v) OF ACT 12 AND ETC.



     THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE K.S. HEMALEKHA
                                  - 28 -
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                                              WP No. 828 of 2025
                                          C/W WP No. 884 of 2025



                        ORAL ORDER

Petitioners in both the petitions are seeking to direct respondent Nos.2 to 5 to include the names of petitioners in the eligible voters list and permit the petitioners to cast their votes and contest in the election of respondent No.2 which was scheduled to be held on 19.01.2025.

2. This Court, by way of interim arrangement on 16.01.2025 in WP No.828/2025 and on 17.01.2025 in WP No.884/2025, 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.2- society subject to the final outcome of these writ petitions.

3. 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.

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NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025

4. 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 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.

- 30 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 (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 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

- 31 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 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 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;

- 32 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025

(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 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;

- 33 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025

(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, 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

- 34 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025

(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;

(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;

- 35 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025

(i) Date and time of counting and declaration of results."

5. The case of the petitioners is that the petitioners have paid all membership/share holders due to respondent No.2-society and attended all the annual general body meetings, in spite of which respondent No.2- society have dropped the petitioners from the eligible voters list and the provisions of Rule 13-D of KCS Rules, 1960 is overlooked by respondent No.2-society.

6. 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 1 ILR 2024 KAR 1901

- 36 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 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. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra."

(Emphasis supplied)

7. 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:
- 37 -
NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025
(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
(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:

- 38 -
NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 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 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."

8. Section 70 of the KCS Act, 1959 reads as under:

- 39 -
NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 "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
(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.

- 40 -

NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 (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 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

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NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 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 thereon of the Registrar shall be final and shall not be called in question in any court.

(4) xxxxx (5) x x x x x"

9. 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

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NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 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 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.2-society and shall announce the results.
ii. Liberty is reserved to the petitioners or any aggrieved party to raise objections to the validity
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NC: 2025:KHC:4087 WP No. 828 of 2025 C/W WP No. 884 of 2025 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.2- 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 NS List No.: 1 Sl No.: 46