Chikkahulikunte Milk Producers Co. Operative Society Ltd., Vs the State of Karnataka

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29047 OF 2024 (CS-EL/M)

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BETWEEN:

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CHIKKAHULIKUNTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., CHIKKAHULIKUNTE, SIRA TALUK, TUMKUR DISTRICT-572 113, BY ITS PRESIDENT, H.G. VIJAY KUMAR, S/O. GUJJARAPPA, AGED ABOUT 59 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SHIVANAYYANAPALYA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., SHIVAYAYANAPALYA, SIRA TALUK, TUMKUR DISTRICT-572 135, BY ITS PRESIDENT, SRI. S.T. UMESHA S/O. THIMANNA, AGED ABOUT 30 YEARS, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

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BASAVANAHALLI MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETY LTD., BASAVANAHALLI, SIRA TALUK, TUMKUR DISTRICT-572 135, BY ITS PRESIDENT, SMT. LAKSHMIDEVI, W/O. RAJANNA, AGED ABOUT 51 YEARS, REGISTERED UNDER KARNATAKA

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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CO-OPERATIVE SOCIETIES ACT.

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…PETITIONERS

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(BY SRI. JAI PRAKASH REDDY M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560 001.

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THE CO-OPERATIVE ELECTION COMMISSIONER CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, SHANTHINAGAR BUS STOP, BENGALURU-560 027.

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THE DEPUTY COMMISSIONER CUM DISTRICT FEDERAL CO-OPERATIVE ELECTION OFFICER TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107.

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THE RETURNING OFFICER/ASSISTANT ELECTION OFFICER THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107.

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THE TUMKURU DISTRICT MILK PRODUCERS CO-OPERATIVE SOCIETIES UNION LTD., NH-206, MALLASANDRA POST, TUMKURU-572 107. BY ITS MANAGING DIRECTOR, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

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…RESPONDENTS

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(BY SMT. PRATHIMA HONNAPUR, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 3 AND 4;

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SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.2;

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HC-KAR

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SRI. A.C.BALARAJ, ADVOCATE FOR RESPONDENT NO.5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED NIL IN NUMBER NIL VIDE ANNEXURE-E TO E1 ISSUED BY THE RESPONDENT NO.5 UNION AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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In this petition, the petitioners being the members of primary societies have sought for the following reliefs:-

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(i) Issue a writ in the nature of certiorari or any other appropriate nature quashing the order dated Nil in number Nil vide Annexure-E to E1 issued by the respondent No.5 Union.

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(ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondent Nos.3 and 5 to permit the petitioner societies to cast their vote in the elections scheduled to be held on 10.11.2024 for the years 2024 to 2029 and conduct the elections to the respondent No.5 Union for the term 2024 to 2029.

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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The petitioners contend that the election to the federal society namely, Tumakuru District Milk Producers Cooperative Societies Union Limited (henceforth referred to as 'District Milk Union') was scheduled on 10.11.2024 for the cooperative year 2024-29. They contend that they had availed minimum services as prescribed under the byelaws and were eligible in all respects to vote and contest at the election to the Managing Committee of District Milk Union. They contend that they have not suffered any disqualification under Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act of 1959'). They also contend that they had supplied more than 150 kg milk for a minimum 270 days as prescribed under the byelaws of the District Milk Union. They contend that the term of Managing Committee of their societies came to an end on 03.04.2024, 08.06.2024 and 28.10.2024 respectively.

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They further contend that the State Government had issued an Order dated 05.06.2024 under Section 121 of the Act of 1959 in view of the elections to the Parliament and had relaxed applicability of Sections 28A(4)(5), 28B, 29F(4), 30(1), 31 and 39A of the Act of 1959 with effect from

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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07.06.2024. They contend that the code of conduct was in

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force between the March, 2024 to 06.06.2024 and therefore, election could not be conducted to their Managing Committee and no steps were taken under Rule 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'Rules of 1960'). They therefore, claimed that they could not be treated as ineligible members on the ground that their term had expired but yet respondent No.3 had considered them as ineligible members to vote and participate in the election to the Managing Committee of the District Milk Union.

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The petitioners are therefore, before this Court seeking for a direction to quash the endorsements issued by the District Milk Union including their names in the ineligible voters list and they sought for a writ in the nature of mandamus to permit them to vote in the election to the District Milk Union scheduled on 10.11.2024.

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This Court in terms of order dated 28.10.2024 had permitted the petitioners to vote in the election scheduled on 10.11.2024, which however, was subject to the result of this

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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writ petition. The petitioners have cast their votes. Later, votes cast by the petitioners were ordered to be counted and results were ordered to be declared.

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The learned counsel for the petitioners submitted that the term of the Managing Committee of the primary societies came to an end during the period when the Parliamentary election code of conduct was in force and therefore, elections to their respective Managing Committees could not be held. He also contends that no steps were taken for conducting elections and therefore, the petitioners cannot

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be denied of an opportunity to participate in the election to the Managing Committee of the District Milk Union. He therefore, contends that ineligibility of the petitioners has to be set aside and the votes cast by the petitioners should be treated as valid votes.

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The learned Additional Advocate General on the other hand submitted that the purpose of this writ petition is achieved in as much as the petitioners were permitted to cast their votes and therefore, nothing survives for consideration in this writ petition.

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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When this Court queried the learned Additional Advocate General as to how the petitioners could be treated as ineligible when the elections to the Managing Committee of primary societies was not held and there were no orders either under Sections 28A(4)(5), 28B, 29F(4), 30(1), 31 and 39A of the Act of 1959, the learned Additional Advocate General fairly submitted that the petitioners cannot be held responsible for non-conduct of the elections.

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It is not in dispute that the term of the Managing Committee of the primary societies came to an end either during the period when the Parliamentary election code of conduct was in force or later and therefore, elections to the Managing Committee of these primary societies could not be held. The State Government had cured the deficiency by issuing a notification dated 05.06.2024 and had relaxed applicability of Sections 28A(4)(5), 28B, 29F(4), 30(1), 31 and 39A of the Act of 1959 with effect from 07.06.2024. In respect of those societies where the term of the Managing Committee expired after the code of conduct came into force, no steps were taken for issuing a declaration under Rule 14 of the Rules of 1960 and no steps were taken under Rule 13-D of the Rules of 1960. On

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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the contrary, by the notification dated 05.06.2024, the existing Managing Committee were continued till a new committee was elected. Under the circumstances, as rightly contended by the learned counsel for the petitioners, the petitioners could not have been deprived of participating in elections to the District Milk Union. Therefore, it is held that the impugned endorsements/ineligibility voters lists issued by the Election Officer and District Milk Union treating the petitioners as ineligible to vote at the elections to the Managing Committee of the District Milk Union, are egregiously wrong and deserve to be set at nought.

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In view of the above, following order is passed:

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ORDER

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(i) This writ petition is allowed in part.

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(ii) The impugned endorsements/ineligible voters lists issued by the Election Officer that the petitioners are ineligible to cast their votes at the election of the Tumakuru District Milk Producers Co-operative Societies Union Limited are set aside. Consequently, the votes cast by the petitioners at the elections

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NC: 2025:KHC:42818 WP No. 29047 of 2024

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HC-KAR

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held on 10.11.2024 to the Managing Committee of

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the Tumakuru District Milk Producers Co-operative Societies Union Limited are treated as valid.

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(iii) Since the petitioners were permitted to cast their votes, the relief sought for in the writ petition for a direction to the Returning Officer to permit them to cast vote does not survive.

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(iv) As the result of the election of the Managing Committee of Tumakuru District Milk Producers Cooperative Societies Union Limited is already declared, no further orders need to be passed in this writ petition.

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(v) It is needless to mention that this order is passed in the peculiar facts and circumstances of the case.

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In view of disposal of the writ petition, pending

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I.As., if any, do not survive for consideration and the same stand disposed off.

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Sd/(R. NATARAJ) JUDGE

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PMR

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List No.: 1 Sl No.: 0

Chikkahulikunte Milk Producers Co. Operative Society Ltd., v. the State of Karnataka

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Chikkahulikunte Milk Producers Co. Operative Society Ltd., v. the State of Karnataka

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