Kodathi Prathamika Krushi Pathina Sahakara Sangha Niyamitha Vs the State of Karnataka

PATHINA SAHAKARA SANGHA NIYAMITHA BANGALORE EAST TALUK, BENGALURU-560035. REPT. BY ITS CHIEF EXECUTIVE REGISTERED CO-OPERATIVE SOCIETY ACT 1959. DEVIKA, W/O DEVARAJU AGED ABOUT 27 YEARS

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SRI. SADASHIVA K.S S/O SHANAKARAPPA AGED ABOUT 47 YEARS DELEGATE OF KODATHI PRATHAMIKA KRUSHI PATHINASAHAKARA SANGHA NIYAMITHA, BANGALORE EAST TALUK BENGALURU - 560 035 REG. CO-OP-SOCIETY ACT 1959.

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…PETITIONERS

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

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(BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR

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SRI. SARAVANA S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560 001 REPT. BY ITS PRINCIPAL SECRETARY

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STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, TTMC "A" BLOCK, SHANTHINAGAR BENGALURU - 560 027

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REPT. BY ITS COMMISSIONER

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HC-KAR

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DEPUTY COMMISSIONER/ ELECTION OFFICER BANGALORE DISTRICT KANDHAYAM BHAVAN, BANGALORE - 560 001.

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RETURNING OFFICER ELECTION BENGALURU DISTRICT CENTRAL CO-OPERATIVE BANK REGISTERED OFFICE AT.NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU - 560 018

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THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD. NO.6, LAKSHMI SADANA, 5^TH MAIN, CHAMARAJPET, BENGALURU - 560 018. REPT. BY ITS CHIEF EXECUTIVE OFFICER REGISTERED CO-OPERATIVE SOCIETY

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 SRI. A. DEVARAJ, ADVOCATE FOR R2

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SRI. NATARAJ BABA .K., ADVOCATE FOR C/R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE VOTERS LIST DATED 17.10.2025 OF THE R5 BANK WHEREIN THE PETITIONERS HAVE BEEN DECLARED INELIGIBLE VOTERS AT SL. NO. 3 OF THE BANGALORE EAST TALUK CONSTITUENCY (ANNX-E) AND DIRECT THE R5 BANK TO INCLUDE THE PETITIONERS IN THE LIST OF ELIGIBLE VOTERS AND PERMIT THEM TO VOTE AND CONTEST IN THE ELECTIONS SCHEDULE ON 07.12.2025 AND ANNXC. AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA

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HC-KAR

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ORAL ORDER

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The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari, to set aside the ineligible voters list published by respondent No.5-Bank dated 17.10.2025, produced as per Annexure-E, declaring that the petitioner No.1 - Society is ineligible to vote, and to issue writ of Mandamus directing respondent No.5 to permit petitioner No.1 -Society to contest and vote in the election that is scheduled to be held on 07.12.2025.

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Heard Sri. D.R.Ravishnakar, learned senior advocate for Sri Sarvana S, learned counsel for the petitioner, Sri.Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3 and 4 and Sri. A Devaraj, learned counsel for respondent No.2, Sri. Nataraj Babu K., learned counsel for caveator - respondent No.5. Perused the materials on record.

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Learned senior advocate for the petitioners contended that petitioner No.1 - Society is the member of respondent No.5 - DCC Bank and petitioner No.2 is its delegate. He further contended that only on the ground that petitioner No.1 has not availed the minimum service as per Byelaw No.4(8)(4), it has

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been disqualified from either contesting or voting in the election. While drawing the attention of the Court to Bye-laws produced as per Annexure-F, he contended that the amendment disqualifying petitioner No.1 - Society either to contest or vote in the election was brought with effect from 21.09.2022. Further the Bye-law was approved by the Joint Registrar of Co-operative Societies as per Annexure-F and the amendment came into force with effect from 03.12.2022. Therefore, petitioner No.1 - Society is having two more years to comply with the requirements and in the meantime, the Society cannot be held to be ineligible either to contest or to vote in the election on such ground.

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Learned senior advocate further contended that disqualification from voting as provided under Section 17 of KCS Act is entirely different from disqualification of membership under Section 20(2) of KCS Act. Learned senior advocate for the petitioners contended that the amendment which was brought with effect from 03.02.2016, is referable only to Section 17 and not to Section 20 of KCS Act. Now the relevant portion of the amendment, amending Section 20 was approved on 21.09.2022 in the General Body and brought into effect

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from 03.12.2022. Therefore, learned senior advocate contended that the amendment of the year 2022 makes it clear that, if minimum service is not availed as per Byelaws for any 2 Co-operative years out of the last 5 Co-operative years, as referred to in Section 20(2)(a-v) of KCS Act, such members will not have a right to vote at a general meeting or an election of members of the Board for a period of one year. Therefore, the petitioner-Society is still having 2 more years within which it can satisfy the requirement by utilizing the minimum service.

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Learned Senior advocate contended that petitioner No.1 - Society is ready to file an affidavit undertaking to avail the minimum service as required under Section 20(2)(a-v) read with the amended Byelaws of the Society, within next 2 cooperative years. Under these circumstances, he contends that Annexure-E - the ineligible voters list published by respondent No.5 is liable to be quashed in view of the ensuing election that is scheduled to be held on 07.12.2025. Accordingly, he prays for allowing the petition.

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Per contra , learned counsel for respondent No.5, learned AGA for respondent Nos.1, 3 and 4, and learned

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HC-KAR

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counsel for respondent No.2, opposing the petition submit that

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the Co-ordinate Bench in K C Nagaraja v. State of Karnataka and Ors¹ in a similar situation, considered as to whether the Society had availed minimum service for a period of 5 Co-operative years or not, and held that, under Section 20(2)(a-v) of KCS Act, the member therein was ineligible to vote if it fails to avail the minimum service for 2 years out of 5 preceding years. Therefore, the dispute is no more res integra to consider it once again.

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Learned counsel for respondents also contended that in K R Puttaraju and Ors v. The State of Karnataka and

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Ors² passed by the Co-ordinate Bench of this Court wherein, the petitioner-Society had approached this Court challenging similar order and was successful in obtaining the interim order, permitting it to contest and vote in the election for respondent No.3 therein, without reference to Section 20(a-iv-v) of the KCS Act. Therefore, the petitioner-Society was aware of such disqualification even in the year 2020. But again after 5 years when the election is to be held, the petitioners have

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1 W.P No. 20979 of 2024 DD. 19.08.2024

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2 W.P No. 13176 of 2020 DD 23.11.2020

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approached this Court with a similar prayer and therefore, the same is liable to be rejected.

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Learned counsel for respondents, drawing the attention of the Court to Annexure-F produced by the petitioners contended that the date of amendment was not relevant to be taken into consideration to hold that petitioner No.1 -Society is having 2 more years to comply with the conditions and to qualify for voting in view of the amended Byelaws. Learned counsel contended that similar condition was there even earlier, but the period of 3 years that was prevailing was reduced to 2 years by amending the Bye-laws. Hence, the petitioner is not entitled for any relief in the present petition.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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"Whether the petitioners have made out any grounds to allow the petition?"

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My answer to the above point is in the 'affirmative' for the following:

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REASONS

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The petitioners are challenging Annexure-E the ineligible voters list issued by respondent No.5, disqualifying petitioner No.1- Society either to contest or to vote in the election that is scheduled to be held on 07.12.2025, for the reason that as per Byelaw No.4(8)(4), it has not availed minimum service of availing KCC loan and to disburse the same to its members. The said Byelaw is produced as per AnnexureF. Clause-4(8)(4) of the Byelaw refers to the requirement for the member to avail minimum service for a period of 3 years, failing which, getting disqualified to be a member. The minimum service referred to therein also includes availing loan from District Central Bank and to disburse the same to its members.

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Annexure-F refers to the amendment brought to

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this Clause during 2022. The proposed amendment which was accepted and approved under Clause-4(8)(4) referred to in Annexure-F makes it clear that during the preceding 5 years, if

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the Society fails to avail the minimum services atleast for a period of 2 years, a delegate or a member will be disqualified

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from voting in the election for a period of 1 year in the General

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Body Meeting or in the election that is to be held to elect the Board members.

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When Annexure-E specifically refers to Byelaw No.4(8)(4) to disqualify the petitioner-Society from voting, obviously it is for not availing the minimum service of availing the loan from the District Central Co-operative Bank and disbursing it to its members. Therefore, the petitioner - Society can avail such service within a period of 5 years. Since the amendment was brought into force in the year 2022, the said service can be availed in the next two Co-operative years, as from the date of amendment only 3 years have lapsed. Hence,

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the petitioner can avail such benefit within next 2 years, failing which, it would be disqualified from voting as per the Byelaws. Under such circumstances, I find considerable force in the contentions taken by the learned senior advocate for the petitioners. When there are no other serious lapse made out as a ground for disqualification, I am of the opinion that the petitioners may be permitted to contest and vote in the election that is scheduled to be held on 07.12.2025, subject to the

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condition that, within 5 years the petitioners shall avail such minimum service and satisfy the requirements of the Byelaws.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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ORDER

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(i) The Writ petition is allowed .

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(ii) The voters list published by respondent No.5 dated 17.10.2025, produced as per Annexure-E disqualifying petitioners from contesting and voting, is hereby quashed insofar it relates to the petitioners.

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(iii) The petitioners are permitted to contest and vote in the election that is scheduled to be held on 07.12.2025, subject to the condition that petitioner No.1 - Society shall avail minimum service and satisfy the requirements of Byelaws.

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SD/(M G UMA) JUDGE

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PNV - CT:VS - List No.: 2 Sl No.: 8

Kodathi Prathamika Krushi Pathina Sahakara Sangha Niyamitha v. the State of Karnataka

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Kodathi Prathamika Krushi Pathina Sahakara Sangha Niyamitha v. the State of Karnataka

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