Veerabhadrayya S/O Gangayya Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

Veerabhadrayya S/O Gangayya Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

The respondent – Returning Officer directed to announce the election result forthwith, including the votes cast by the petitioners; all contentions left open for consideration in appropriate proceedings, if commenced.

Issue for consideration

Whether the writ petition concerning the petitioners' exclusion from the final eligible non-borrower voter list for the election to the Committee of Management of respondent No.5 society is covered by the Coordinate Bench judgment in W.P. No.8502/2022 c/w W.P. No.8477/2022, warranting a direction to the Returning Officer to announce the results including the votes cast by the petitioners.

Court's answer

Accepting the joint submission of learned counsel for the parties that the lis is covered by the Coordinate Bench judgment in W.P. No.8502/2022 c/w W.P. No.8477/2022, the writ petition is disposed of calling upon the respondent – Returning Officer to announce the result forthwith including the votes cast by the petitioners.

Ratio / Principle

All the contentions of the parties are left open for consideration in appropriate proceedings, if commenced.

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad Bench (NC: 2025:KHC-D:741) — Writ Petition No. 100002 of 2025 (CS-EL/M), decided 17-01-2025 by M. Nagaprasanna, J. Twenty-seven agriculturist petitioners from villages in Kushtagi taluk, Koppal district sought a mandamus directing respondents No.3 to No.5 to include their names in the final eligible non-borrower voter list and permit them to cast votes in the election to the Committee of Management of respondent No.5, Primary Co-operative Agriculture and Rural Development Bank, Kushtagi (election scheduled 05/01/2025, vide Annexure-A), and to declare the results. Learned counsel for the parties in unison submitted that the lis stood covered by a Coordinate Bench judgment of the Court in W.P. No. 8502/2022 c/w W.P. No. 8477/2022 (disposed 07-06-2022), which — discussing Rule 13-D(2-A) of the Co-operative Societies Rules, Section 70(2) of the Co-operative Societies Act, and relying on Shri Sant Sadguru Janardan Swami (SC) — had directed announcement of election results counting the votes cast by excluded members, with liberty to seek remedies under Section 70(2). In that light, this Court disposed of the writ petition calling upon the Returning Officer to announce the result forthwith including the votes cast by the petitioners, leaving all contentions open for consideration in appropriate proceedings, if commenced.

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NC: 2025:KHC-D:741 WP No. 100002 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 17^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO.100002 OF 2025 (CS-EL/M)

BETWEEN:

VEERABHADRAYYA S/O. GANGAYYA, AGE: 60 YEARS, OCC: AGRICULTURE R/O: TUGGALADONI, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.13 (TUGGALADONI)

HANAMAPPA S/O. KARIYAPPA HUNAGUND, AGE: 55 YEARS, OCC: AGRICULTURE R/O: TUGGALADONI, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.14 (TUGGALADONI)

VISHAL

NINGAPPA PATTIHAL

Digitally signed byVISHAL NINGAPPAPATTIHAL Location: High Court ofKarnataka Dharwad BenchDate: 2025.01.21 11:50:17+0530

RANGAPPA S/O. YAMANAPPA PUJAR, AGE: 60 YEARS, OCC: AGRICULTURE R/O: BOMMANAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO. 12 (BOMMANAL)

RAMAPPA S/O. BHIMAPPA DOLLIN, AGE: 56 YEARS, OCC: AGRICULTURE R/O: BOMMANAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.22 (BOMMANAL)

BASAVVA W/O. FAKIRAPPA, AGE: 55 YEARS, OCC: AGRICULTURE R/O: BOMMANAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.32 (BOMMANAL)

ERAVVA W/O. BHIMAPPA,

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AGE: 70 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.10 (NILOGAL)

BHIMAPPA S/O. BASAPPA HUGAR, AGE: 70 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.11 (NILOGAL)

BASAPPA S/O. MALLAPPA CHIMMALAGI, AGE: 60 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.18 (NILOGAL)

ERAPPA S/O. AMARAPPA PATTAR, AGE: 60 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.27 (NILOGAL)

HANAMAPPA S/O. HANAMAPPA CHOLI, AGE: 60 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.36 (NILOGAL)

DADESAB S/O. DOULASAB ATTAR, AGE: 55 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.39 (NILOGAL)

YANKAPPA S/O. LAXMAPPA, AGE: 68 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.49 (NILOGAL)

KUPAYYA S/O. DEVENDRAPPA, AGE: 60 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.50 (NILOGAL)

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ALLASAB S/O. IMAMSAB, AGE: 68 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.56 (NILOGAL)

HOSADURGAPPA S/O. TIPPANNA, AGE: 66 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.26 (NILOGAL)

SHRIKRISHNAJI S/O. NARAYAN BHAT, AGE: 75 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.61 (NILOGAL)

MALLAPPA S/O. HANAMAPPA, AGE: 66 YEARS, OCC: AGRICULTURE R/O: NILOGAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.64 (NILOGAL)

SHIVAPPA REDDY S/O. MAHANTAPPA REDDY, AGE: 60 YEARS, OCC: AGRICULTURE R/O: SHADALGERI, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.01 (SHADALGERI)

MUTTAPPA S/O. NEELAPPA MADIVALAR, AGE: 50 YEARS, OCC: AGRICULTURE R/O: SHADALGERI, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.04 (SHADALGERI)

MAHANTAPPA S/O. TIPARAPPA RATYAR, AGE: 60 YEARS, OCC: AGRICULTURE R/O: SHADALGERI, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.09 (SHADALGERI)

TIRTHAYYA S/O. AJJAPAYYA, AGE: 78 YEARS, OCC: AGRICULTURE R/O: SHADALGERI, TQ: KUSHTAGI, DIST: KOPPAL – 583 280.

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SL. NO.10 (SHADALGERI)

HANAMAPPA S/O. MALLAPPA, AGE: 75 YEARS, OCC: AGRICULTURE R/O: BILEKAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.16 (BILEKAL)

RAMRAO S/O. JIVANRAO, AGE: 50 YEARS, OCC: AGRICULTURE R/O: HANAMANAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.07 (HANAMANAL)

KRISHNARAO S/O. JIVANRAO, AGE: 50 YEARS, OCC: AGRICULTURE R/O: HANAMANAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.15 (HANAMANAL)

RAVI S/O. KALAKAPPA, AGE: 40 YEARS, OCC: AGRICULTURE R/O: KADIVAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.01 (KADIVAL)

ADIVEPPA S/O. MALLAPPA BALJERI, AGE: 36 YEARS, OCC: AGRICULTURE R/O: KADIVAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.02 (KADIVAL)

MAHADEVAPPA S/O. DURAGAPPA HARIJAN, AGE: 70 YEARS, OCC: AGRICULTURE R/O: KADIVAL, TQ: KUSHTAGI, DIST: KOPPAL – 583 280. SL. NO.04 (KADIVAL)

…PETITIONERS

(BY SRI AVINASH MALIPATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO- OPERATION MS BUILDING BENGALURU-580001

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THE STATE CO- OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, ‘A’ BLOCK SHANTI NAGAR,

T. T. M. C., BUILDING

BENGALURU – 560002.

REPRESENTED BY ITS COMMISSIONER,

THE ELECTION OFFICER / DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KOPPAL, DIST: KOPPAL – 583 231.

THE RETURNING OFFICER PRIMARY CO OPERATIVE AGRICULTURE

AND RURAL DEVELOPMENT BANK NI. KUSHTAGI TQ: KUSHTAGI, DIST: KOPPAL - 583 277

THE CHIEF EXECUTIVE OFFICER, PRIMARY CO OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NI. KUSHTAGI

TQ: KUSHTAGI, DIST: KOPPAL - 583 277

…RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI G.V.BHARMAGOUDAR, ADVOCATE FOR R2 TO R4; SRI AVINASH BANAKAR, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 TO 5 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE NON-BORROWER VOTER LIST AND PERMIT THE PETITIONERS TO CAST VOTE IN THE ELECTION TO THE COMMITTEE OF THE MANAGEMENT OF THE 5TH RESPONDENT SOCIETY SCHEDULED TO BE HELD ON 05/01/2025 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. TO DIRECT THE RESPONDENTS NO.4 TO DECLARE THE ELECTION RESULTS AFTER COMPLETION OF THE ELECTION PROCESS BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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NC: 2025:KHC-D:741 WP No. 100002 of 2025

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7^th June 2022. The Coordinate Bench of this Court held as follows:

“8. In the light of these rival submissions, the question for consideration is:

Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.

9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder:

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:-

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(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 co-operative societies on or before thirty clear days prior to the date of election;

(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election.

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

The underlining is by this Court.

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 8.11.20211 does not meet these requirements. In

1 This Public Notice reads as follows:

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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.

11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows:

‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and

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finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society.

12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal.

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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 Act² . 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 Rule13-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 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

2 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) xxxxxxxxx

(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). XXXXXXXXXXX

(b). XXXXXXXXXXXXX

(c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society.

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NC: 2025:KHC-D:741 WP No. 100002 of 2025

of the considered view that, in the peculiarities 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.

Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.”

Learned counsel would submit that, if the same order is passed, it would suffice in this case also.

In that light, the writ petition is disposed calling upon the respondent – Returning Officer to announce the result forthwith including the votes cast by the petitioners.

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All the contentions are left open for consideration in

appropriate proceedings, if commenced.

Sd/(M.NAGAPRASANNA) JUDGE

Vnp / CT: ASC List No.: 1 Sl No.: 115