High Court of Karnataka at Bengaluru (Hon'ble Mrs Justice K.S. Hemalekha), Writ Petition No. 1032 of 2025 (CS-EL/M), decided 03-02-2025 — Sixty-one members of respondent No.6-Bank (K.R. Nagara Taluk Prathamika Krushi Mattu Grameena Abhivruddi Bank Niyamitha), who claimed to have paid all membership/shareholder dues and attended all annual general body meetings, were dropped from the eligible voters list for the Bank's Managing Committee election scheduled for 19.01.2025, the challenge resting on the premise that notice under Rule 13 of the Karnataka CoOperative Societies Rules, 1960 had not been issued; by interim arrangement of 17.01.2025 they had been permitted to vote subject to the outcome of the writ petition. Following the Co-ordinate Bench decision in Sri. B Ganganna and others Vs. The State of Karnataka, Department of Co Operation and others (ILR 2024 KAR 1901), the Court held that Section 70 of the Karnataka Co-Operative Societies Act, 1959 affords an extensive and exhaustive mechanism; that the authority under Section 70 can decide the validity of the electoral roll prepared under the Rules, 1960 and its impact on the elections; that eligibility, payment of membership dues, attendance at annual general body meetings and availing of minimum services are questions of fact to be decided under Section 70; and that no exceptional case was made out to entertain the Article 226 challenge to the electoral roll. Operative directions: the Returning Officer to count the votes cast in the 19.01.2025 election and announce the results; liberty reserved to the petitioners or any aggrieved party to contest the validity of the electoral roll by an Election Petition under Section 70(2) of the KCS Act, 1959; the Section 70 authority, if a dispute is raised, to examine all questions including the validity of the eligible and ineligible voters lists and their impact on the election; all contentions kept open, with no expression of opinion on the merits or demerits of the eligibility or ineligibility of the voters list.
