Shivanna Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Shivanna Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to raise the dispute under Section 70 of the KCS Act before the appropriate authority, in accordance with law, within ten days from the date of receipt of a copy of the order.

Issue for consideration

Whether respondents Nos.1 to 6 should be directed by a writ in the nature of Mandamus to permit the petitioner to cast his vote in the election of Respondent No.5-Bank scheduled to be held on 26.06.2025. +2 more

Ratio / Principle

The writ petition is dismissed as having become infructuous, the election having already been held and its result declared.

Key takeaways

Since the petitioner can raise his several grounds as a dispute under Section 70 of the Karnataka Co-operative Societies Act by invoking the statutory remedy, the Court found no reason to keep the petition pending.ratio¶¶37
The petitioner is at liberty to raise the dispute under Section 70 of the KCS Act before the appropriate authority, in accordance with law, within ten days from the date of receipt of a copy of the order.ratio¶¶44

Detailed headnote1 paragraphs

Election law - Co-operative societies - Voter franchise - Writ petition under Articles 226 and 227 of the Constitution by a delegatee of a credit co-operative society seeking a writ of Mandamus to respondents Nos.1 to 6 to permit him to vote in the election of the Mysuru and Chamarajanagar District Co-operative Bank Ltd. scheduled for 26.06.2025 - No interim order permitting voting was granted, though the poll was kept subject to the outcome of the petition - By the date of orders, the election had been held and the result declared - Held, dismissing the petition as having become infructuous; the Court found no reason to keep it pending since the petitioner could raise his several grounds as an election dispute under Section 70 of the Karnataka Co-operative Societies Act - Liberty granted to move the appropriate authority under Section 70 KCS Act within ten days of receipt of the order.

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NC: 2025:KHC:53345 WP No. 18277 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 18277 OF 2025 (CS-EL/M)

BETWEEN:

SHIVANNA S/O LATE BASAPPA, AGED ABOUT 66 YEARS, DELIGATEE OF HEBBALAKUPPE CREDIT CO-OPERATIVE SOCIETY LTD., HEBBALUKUPPE, KASABA HOBLI, H D KOTE TALUK, MYSURU DISTRICT-571114 SR. CITIZEN BENEFIT NOT CLAIMED

…PETITIONER

(BY SRI. SANDESH T.B., ADVOCATE (ABSENT))

AND:

Digitally signed by PRASHANTH N V Location: High Court of Karnataka

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, AMBEDKAR VEEDHI, BENGALURU REPRESENTED BY ITS PRINCIPLE SECRETARY.

THE STATE CO OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, T.T.M.C. 'A' BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY.

ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES HUNSURU SOUB DIVISION, HUNSURU TALUK, MYSURU DISTRICT-571105

HEBBALUKUPPE PRIMARY AGRICULTURE

2 - NC: 2025:KHC:53345 WP No. 18277 of 2025

HC-KAR

CREDIT CO OPERATIVE SOCIETIES LTD HEBBALUKUPPE, KASABA HOBLI, H D KOTE TALUK, MYSURU DISTRICT-571114 REPRESENTED BY ITS CEO.,

MYSURU AND CHAMARAJANAGAR DISTRICT CO OPERATIVE BANK LTD NEHARU CIRCLE, ASHOOKA ROAD, MYSURU - 570 001 REPRESENTED BY ITS CEO.

THE RETURNING OFFICER MYSURU AND CHAMARAJANAGAR DISTRICT CO-OPERATIVE BANK LTD., NEHARU CIRCLE, ASHOKA ROAD, MYSURU - 570 001

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, 3 & 6

SRI. A. DEVARAJ, ADVOCATE FOR R2

SRI. V.R. SARATHY, ADVOCATE FOR C/R4 (AB))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 6 TO PERMIT THE PETITIONER TO COST THEIR VOTE IN THE ELECTION OF THE R-5 BANK WHICH IS SCHEDULE TO BE HELD ON 26.06.2025. AND ETC.,

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus, directing

3 - NC: 2025:KHC:53345 WP No. 18277 of 2025

HC-KAR

respondent Nos.1 to 6 to permit him to cast his vote in the election, which was scheduled to be held on 26.06.2025 for respondent No.5-Bank.

As per order dated 25.06.2025, even though no interim order was granted permitting the petitioner to cast his vote in the election, the same was held to be subject to the final outcome of this writ petition.

Learned Additional Government Advocate submits that the election was already held and the election result is also declared. Under such circumstances, he submits that the writ petition has been rendered infructuous.

The petitioner has raised several grounds in the petition, which he can raise the dispute under Section 70 of the Karnataka Co-operative Societies Act before the appropriate authority by invoking the statutory remedy. Under such circumstances, I do not find any reason to keep the petition pending.

In view of the above, I proceed to pass the following:

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NC: 2025:KHC:53345 WP No. 18277 of 2025

HC-KAR

ORDER

i) The petition is dismissed as having become infructuous.

ii) The petitioner is at liberty to raise the dispute under Section 70 of the KCS Act, before the appropriate authority, in accordance with law, within ten days from the date of receipt of the

copy of this order.

Sd/(M G UMA) JUDGE

MKM

CT:VS List No.: 1 Sl No.: 3