A. R. Ravindra Vs State of Karnataka

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NC: 2025:KHC:36948 WP No. 5535 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 5535 OF 2025 (CS-EL/M)

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BETWEEN:

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A.R.RAVINDRA S/O. RANGAREDDY AGED ABOUT 52 YEARS, NO.228/6, KUNIGAL ROAD, A.K. KAVAL GULUR HOBLI, AKKATHANGIYARAKATTE KAVAL, NARUGANAHALLI, MADHUGIRI, TUMAKURU-572122.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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A.THAYAPPA S/O. ANNAYAPPA, AGED ABOUT 72 YEARS, NO.18/3, 4^TH CROSS ANNAYAPPA GARDEN, NEAR TANK BRIDGE, JAKKASANDRA VILLAGE, BENGALURU-560034.

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YASHODAMMA, W/O. VENKATESH, AGED ABOUT 72 YEARS, 196, 10^TH 'C' MAIN, JAYANAGAR III BLOCK, BENGALURU-560011.

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DHARMASHEKAR A.M., S/O. MANJASHETTY, AGED ABOUT 48 YEARS, ANKIHALLIPETE, ANKIHALLI, HASSAN- 573215.

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M. NAGARAJA S/O. MANDI GOWDA,

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NC: 2025:KHC:36948 WP No. 5535 of 2025

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HC-KAR

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AGED ABOUT 74 YEARS, CHETHANA FARM AND NURSERY, NO. 933, 13^TH MAIN ROAD, 8^TH CROSS, SRINIVAS NAGAR, BANSHANKARI 1^ST STAGE, BENGALURU- 560050.

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SURESH GOWDA M.P., S/O. PUTTAIAH M.C., AGED ABOUT 55 YEARS, NO.1, 7^TH CROSS KEB LAYOUT, RMV 2^ND STAGE, BENGALURU- 560094.

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DEEPAK DAS RAI K., S/O. LATE D.VISHWANATHA RAI, AGED ABOUT 65 YEARS, NO.8/154, LALBAGH SIDDAPURA, JAYANAGAR, 1^ST BLOCK, BENGALURU- 560011.

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RANGASWAMY C., S/O. T.CHANDRAPPA, AGED ABOUT 56 YEARS, ANNAPOORNESHWARI NURSERY, B.H.ROAD, NIDIGE DISTRICT, SHIMOGA- 577222.

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M.THIPPANNA NAYAKA S/O. MUNIYAPPA, AGED ABOUT 65 YEARS, SHILPA GARDEN AND NURSERY, DEVANAHALLI TALUK, BOOVANAHALLI, BENGALURU RURAL- 562110.

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KALAVATHI S., W/O. M.MANJUNATHA REDDY, AGED ABOUT 48 YEARS, SRI. VINAYAKA ROSE FARM AND NURSERY, NO.17/9, 17/10, KYATHOHALLI, CHUNCHANAKUPPE POST, BENGALURU SOUTH- 562130.

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&PETITIONERS

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(BY PROF. RAVI VERMA KUMAR, SR. COUNSEL FOR SMT. G.SHARADA BAI, ADVOCATE)

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HC-KAR

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, DR. B.R.AMBEDKAR VEEDHI BENGALURU -560001.

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THE ELECTION OFFICER CO-OPERATIVE ELECTION AUTHORITY AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, III BLOCK, TTMC 'A' BLOCK SHANTHINAGAR, BENGALURU - 560 027.

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THE NURSERYMEN CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, LALBAGH, BENGALURU - 560004

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SMT. CHETANA, RETURNING OFFICER FOR THE NURSERYMEN CO-OPERATIVE SOCIETY LTD., LALBAGH, BENGALURU - 560004.

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SRI. V.AJITHKUMAR, N.RAMU AND SONS NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR 1^ST BLOCK, BENGALURU - 560011.

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SRI. T.P.VENKATESH, BALAJI NURSERY AND GARDENS, LALBAGH, SIDDAPURA, BENGALURU - 560011.

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SMT. LALITHA LOKENDRA BABU, GREEN GARDEN SEEDS, NO.435/39, 9^TH CROSS, JAYANAGAR, 1^ST BLOCK, BENGALURU-560011.

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SRI. S.R.JAYARAM, ASHWINI NURSERY, NO.80/4, GULAKAMALE GRAMA, TARALU POST,

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HC-KAR

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BENGALURU SOUTH, TALUK-560082.

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SRI. S.R.KEMPAIAH, KISSAN NURSERY, GORAVANAHALLI HOSA BADAVANE, MALAVALLI MAIN ROAD, NEAR ESHWARA TEMPLE, MADDUR TOWN, MANDYA-571428.

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SRI. S.K.MANJUNATHA, LAKSHMI NURSERY & GARDEN, LALBAGH, SIDDAPURA, 1^ST BLOCK, JAYANAGAR, BENGALURU-560011.

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SMT. R.GEETHA, SHREE AMBIKA NURSERY, 4^TH CROSS, 1^ST BLOCK, JAYANAGAR, BENGALURU-560011.

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SMT. ANITHA, ANIL NURSERY, NO.40, LALBAGH, SIDDAPURA, 1^ST BLOCK, JAYANAGAR, BENGALURU-560011.

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SMT. S.SARASWATHI, SARASWATHI NURSERY, NO.84, KADANURAHALLI, SEEGEBELIGATE, MADURE HOBLI, DODDABALLAPURA, BENGALURU-561205.

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VENKATA SWAMY N.P., ARCHANA NURSERY, DEVANAHALLI TALUK, NAGAMANGALA, BENGALURU RURAL, KARNATAKA-562110.

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SURESH H.K., SRI. KAVERI FARM AND NURSERY, NO.363, LALBAGH, SIDDAPURA, JAYANAGAR, 1^ST BLOCK, SRI. POOJAMMA NERSERY,

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HC-KAR

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BENGALURU SOUTH, JAYANAGAR, III BLOCK, BENGALURU-560011.

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RAVI R., NO.1, R.RAVI NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR, 1^ST BLOCK, BENGALURU-560011.

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M.VISHWANATH, M.MUNISWAMYREDDY AND SONS, NO.A 19, 7^TH MAIN, SRINIVASNAGAR, NEAR GANESHA TEMPLE, SUNKADAKATTE, VISWANEEDAMA, BENGALURU-560091.

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RAMDEV M.V., BRINDAVAN NURSERY, M.R.KAMATA, NO.125, 6^TH CROSS, PANDURANGANAGAR, BANNERGHATTA ROAD, NEAR ADIGAS HOTEL, BENGALURU-560076.

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SRI. C.MAJUSHEKAR, S/O. T.CHIKKANNA, AGED ABOUT 60 YEARS, RANGANATHA CROTON NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.24.

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SMT. M.MANJULA, W/O. M.MUNIRAJU, AGED ABOUT 44 YEARS, CHIKKAPULLAPPA NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.25.

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SMT. P.V.CHAITRA, W/O. S.V.SRINIVAS, AGED ABOUT 41 YEARS, S.L.N. NUSERY, NO.454/A, 7^TH CROSS (END), 1^ST BLOCK,

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JAYANAGAR, BENGALURU-560011. MEMBERSHIP NO.122.

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SMT. DAKSHAYANI, W/O. GOVINDA, AGED ABOUT 66 YEARS, DEEPA NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR 1^ST BLOCK, BENGALURU-560011. MEMBERSHIP NO.147.

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SRI. SHASHIKUMAR S., S/O. SHAMANNA, AGED ABOUT 64 YEARS, SHASHIKALA NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.150.

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SRI. SRINIVAS M., S/O. MUNISWAMY, AGED ABOUT 42 YEARS, MUNISWAMY NURSERY, AMBEDKAR NAGAR, SARJAPURA ROAD, BENGALURU-560035. MEMBERSHIP NO.167.

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SRI. M.HARISHBABU, S/O. MUNISWAMY, AGED ABOUT 50 YEARS, NEHRU NURSERY, HEGGANAHALLI VILLANGE AND POST, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. MEMBERSHIP NO.203.

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SMT. S.PAVANAKUMARI, W/O. MANJUNATH, AGED ABOUT 46 YEARS, FRIENDS NURSERY, LALBAGH, SIDDAPURA, BENGALURU-560011. MEMBERSHIP NO.528.

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SRI. R.VENKATESH, S/O. N.RAMU,

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AGED ABOUT 52 YEARS, N.RAMU AND SONS NURSERY, LALBAGH, SIDDAPURA, JAYANAGAR, 1^ST BLOCK, BENGALURU-560011. MEMBERSHIP NO.536.

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SRI. N.P.NARAYANASWAMY, S/O. PULLAPPA, AGED ABOUT 62 YEARS, HAREESH NURSERY, NAGAMANGALA VILLAGE, HEGGANAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, MEMBERSHIP NO.595.

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SMT. V.SUGUNAMMA, W/O. MUNIVENKATAPPA, AGED ABOUT 65 YEARS, LAKSHMINARAYANA NURSERY, KALLUBALU VILLAGE AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-560105. MEMBERSHIP NO.616.

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SMT. M.MEGHANA, D/O. M.MUNIRAJU, AGED ABOUT 22 YEARS, MEGHANA NURSERY AND GARDEN, BURUGUNTE GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562112. MEMBERSHIP NO.633.

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SMT. RAMAKKA, W/O. K.SHEKAR, AGED ABOUT 60 YEARS, K.SHEKAR & SONS NURSERY, INDRASANAHALLI GRAMA, HEGGANAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. MEMBERSHIP NO.658.

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SRI. K.SHEKAR, S/O. KENCHAPPA, AGED ABOUT 64 YEARS, HARISH NURSERY, HEGGANAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. MEMBERSHIP NO.683.

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SRI. B.R.KRISHNA, S/O. B.T.RANGAPPA, AGED ABOUT 53 YEARS, VARASHRI NURSERY AND FARM, SAKKARE BYL. GAJANURU POST, SHIMOGA - 577201. MEMBERSHIP NO.694.

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34 SRI.M.NARAYANSWAMY, S/O MUNIVEERAPPA, AGED ABOUT 61 YEARS, MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU-560 027.

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35 SRI.SEETHARAM S.R, S/O RANGAPPA, AGED ABOUT 56 YEARS, MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027.

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36 SRI.G.DARSHAT RAM, S/O N GURAPPA, AGED ABOUT 67 YEARS, R/AT. MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027.

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37 SRI. C.ASHWATH, S/O CHIKKANNA, AGED ABOUT 75 YEARS, R/AT. MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027.

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38 SRI.DAYANAND, S/O KAVEERAPPA,

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AGED ABOUT 55 YEARS, R/AT.MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560 027

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39 MAHESH A S/O C ASHWATH AGED ABOUT 38 YEARS MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560027

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40 SRIDHAR V C S/O C ASHWATH AGED ABOUT 48 YEARS MEMBER, THE NURSERYMEN CO-OPERATIVE SOCIETY LTD, LALBAGH, BENGALURU - 560027

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&RESPONDENTS

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(BY SRI.YOGESH D NAIK, AGA FOR R1 AND R4; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. K.CHANDRAMOHAN, ADVOCATE FOR R3; SRI. SURESH S.LOKRE, SR.COUNSEL FOR SRI. PRAMODA GODA T.P., ADVOCATE FOR R5 TO R18; SRI. M.R.RAJAGOPAL, SR.COUNSEL FOR SRI. P.ANAND, ADVOCATE FOR R19 TO R33; SRI. A.MUHAMMED TAHIR, ADVOCATE FOR R34 TO R38; SRI. V.R.SARATHY, ADVOCATE FOR R39 TO R40)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO STRIKE DOWN CLAUSE (a-iv) AND (a-v) OF SUB-SECTION (2) OF SECTION 20 OF KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959 AS UNCONSTITUTIONAL, VOID AND UNENFORCEABLE OR IN ALTERNATIVE DECLARE THAT THE SAID PROVISIONS DO NOT APPLY TO THE ELECTION AS PER THE CALENDAR OF EVENTS AT ANNEXURE-A AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, 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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The petitioners have sought for the following reliefs:

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"(i) Issue a writ, order or direction in the nature of mandamus to strike down Clause (a-iv) and (a-v) of Sub-section (2) of Section 20 of Karnataka Co-operative Societies Act, 1959, as unconstitutional, void and unenforceable or in alternative declare that the said provisions do not apply to the election as per the Calendar of Events at Annexure A.

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(ii) Declare deletion of names of the petitioners from the list of eligible candidates and inclusion of their names in the list of ineligible candidates prepared and circulated by the 2^nd respondent as per covering letter dated 18.02.2025, (ANNEXURED) as illegal, void and inoperative and consequently direct the respondents to include the name of the petitioners in the list of eligible voters and to allow them to contest the election and cast votes at the election scheduled to be held pursuant to Notification dated 20.02.2025 ( Annexure A )

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(iii) Pass any other Order as this Hon'ble Court deems fit to in the facts and circumstances of the case including an Order as to costs in the interest of justice and equity."

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Learned Senior Counsel for the petitioners submitted that the petitioners would not press relief No.1 and

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that the writ petition would be restricted to relief No.2. Therefore, the consideration of this writ petition is restricted to the relief No.2.

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(i) The relevant facts necessary for consideration of

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this writ petition and as pleaded in the writ petition are that the petitioners claimed that they were members of the respondent No.3. The term of the elected body of the respondent No.3 came to an end on 31.03.2025. By a notification dated 20.02.2025, the respondent No.4 notified the calendar of events to hold elections to the Board of Directors of the respondent No.3. They contend under bye-law No.32 of byelaws of respondent No.3 every member should have transacted business upto Rs.25,000-00 in the current year and must have attended two General body meetings out of 5, to be eligible to contest and vote at the elections to the managing committee. The petitioners contend that they were fully eligible in all respects to contest and vote. They contend that the election officer found 112 members to be ineligible to participate in the elections and included their names in the draft list of ineligible voters. Notices were sent to all 112 ineligible voters on 19.10.2024. The Joint Registrar of Co-operative Societies found

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that 14 members out of 112 members were wrongly included in the ineligible members list and therefore an order was passed by him on 26.12.2024 to include all the 14 of them in the list of eligible candidates. The names of petitioner Nos.1, 2, 3, 6, 7 and 10 appeared amongst the aforesaid 14 members.

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(ii) The petitioners claim that they were fully eligible and qualified to contest the election and cast their vote as their names were included in the draft list of eligible candidates prepared by the respondent No.2 and circulated to the respondent No.3 in terms of a covering letter dated 15.01.2025. Later, by notification dated 18.02.2025, the respondent No.2 published a final list of eligible voters and ineligible voters, in which owing to political considerations namely to eliminate the petitioners from contesting elections to the respondent No.3-Society, their names were included in the final list of ineligible members.

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(iii) The petitioners are therefore before this Court challenging the action of respondent No.2 in including their names in the ineligible voters list and therefore pray that the deletion of their names from the list of eligible candidates and

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the inclusion of their names in the list of ineligible candidates be declared as illegal, void and in-operative and consequently, to direct the respondent No.2 to include their names in the list of eligible voters and to allow them to contest the election and cast votes at the election scheduled pursuant to the notification dated 20.02.2025.

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This Court in terms of an order dated 24.02.2025 permitted the petitioners to file their nominations and to cast their votes in the elections to the managing committee of the respondent No.3 scheduled on 07.03.2025, which was however subject to the final outcome of this writ petition. The votes cast by the petitioners were ordered to be counted and kept in a separate ballot box.

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The learned Senior Counsel for the petitioners submitted that as per the interim order, the petitioners have cast their votes and the result of the election is already declared. He contends that in similar circumstances, a Coordinate Bench of this Court in WP.No.1375/2025 after determining the eligibility of the petitioners therein to contest and vote had directed the returning officer to count the votes

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cast by petitioners therein and ordered to keep the votes so cast in a separate ballot box and announce the results. He contends that the Co-ordinate Bench of this Court reserved liberty to any aggrieved party to raise any other issue other than the eligibility of the petitioners under Section 20 (2a-iv) in a proceeding under Subsection (2) of Section 70 of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'the Act, 1959' for short). It also held that since it decided the eligibility of the petitioners therein, the question of their eligibility shall not be gone into in the dispute under Subsection (2) of Section 70 of the Act, 1959. He therefore contends that this writ petition may also be disposed off, holding that the petitioners were eligible to cast their votes and if any person is aggrieved, they may raise a dispute before the appropriate authority under Section 70 of the Karnataka Cooperative Societies Act, 1959.

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(i) The writ petition is opposed by the respondent No.3 who has filed statement of objections inter alia contending that the petitioners in this writ petition are disqualified from both voting and contesting election to the Board of Directors. It is contended that the respondent No.3 made a request to the

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election authority by a letter dated 25.09.2024 for conducting election to the Board of Directors for the term of 5 years from 2025 to 2026. The society had 275 members and a list thereafter was furnished to the Election Authority.

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(ii) The society had also furnished the eligible voting members to elect the Board of Directors and also the ineligible members. It had also furnished a list of the members who attended the general body meeting for the last 5 years. After receipt of all the three lists, the Election Authority after thorough scrutiny, furnished the list of members eligible to contest and vote. Therefore, it is contended that the entire exercise for the approval and rejection of the eligible members was done by the Election Authority and after scrutiny of all the documents furnished by the society, it had approved the final list of eligible candidates. It is contended that the petitioners have failed to fulfil both the criteria namely that they failed to attend two general body meetings and had also failed to do minimum transactions of Rs.25,000/- in any 2 years out of 5 years. Therefore, it is contended that the petitioners were ineligible to contest and vote at the elections.

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(iii) It is further contended that the petitioners in this writ petition, as well as the petitioners in WP No.6285/2025 except six, all of them were ineligible to contest and vote even during the previous elections held during 2021 and none of them questioned their ineligibility to contest or vote at the elections. Therefore, it is claimed that the petitioners are estopped from now questioning the final list of voters. Apart from this, they claimed that the petitioners cannot claim the benefit of COVID-19 pandemic, during which the society was closed. They have placed on record the list of transactions in the society during the COVID-19 pandemic for the last 5 years and contended that the society had maximum transactions compared to the last 10 years. Therefore, they sought to contend that the inclusion of the names of the petitioners in the ineligible voters list is just and proper and no interference is warranted with the said list.

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The respondent Nos.4 to 12 have also filed a statement of objections, inter alia contending that the petitioners have become ineligible as per the bye-laws of the respondent No.3. They contended that after final audit by the respondent No.3, it came to know that the petitioners had

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neither attended two general body meetings or done transactions of a minimum sum of Rs.25,000/- or more in any 2 years in the last 5 years.

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The state has also opposed this writ petition in so far as relief No.1 sought for in the writ petition.

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An application for impleading (I.A.No.2/2025) is also filed by the eligible members of the respondent No.3 who were brought on record in this writ petition as respondent Nos.5 to 18. They contend that based on the interim order granted by this Court, the returning officer had counted the votes cast by the petitioners and other members and they had secured the highest votes in the election held on 07.03.2025.

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Likewise, another application is also filed for impleading (I.A.No.3/2025). Wherein they contended that they are members of respondent No.3. They claim that the respondent No.3 had prepared the draft ineligible voters list and sent notice to all the ineligible voters who were disqualified under Section 20(2)(a-iv) and (a-v) of the Act, 1959. Thereafter, the respondent No.3 had prepared a draft ineligible voters list and sent the notice as required to all ineligible

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voters, including the petitioners herein. The petitioner Nos.1, 2, 3, 6, 7 and 10 did not file any objections to the said statutory notice issued by the respondent No.3 and therefore they have waived their right to object against being included in the ineligible list of members. They contend that the petitioner Nos.1, 2, 3, 6, 7 and 10 without following the due process of law have filed the present petition. Therefore, they contend that the said facts have to be brought on record and hence they are entitled to come on record to non-suit the petitioner Nos.1, 2, 3, 6, 7 and 10. They also contend that elections to the managing committee of respondent No.3 was held and the petitioners were permitted to vote and also contest. They contended that the petitioners Nos.1, 2, 3 and 8 had contested in the election of the respondent No.3. With these and other contentions, they prayed that they may be permitted to come on record and oppose the writ petition.

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(i) A statement of objections also filed by the proposed respondents/impleading applicants, inter alia contending that appropriate notices under Rule 13(D)(2-A) of the Karnataka Co-operative Societies Rules, 1960 was issued to

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the petitioners and after considering their objections, the names of the petitioners were included in the draft ineligible voters list. Therefore, it is sought to be contended that the petitioners were not entitled to contest or vote at the elections and therefore votes cast by the petitioners are not to be counted. Likewise, those who contested the elections are also to be disbarred from contesting the elections.

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(ii) The proposed respondents also filed a supplementary statement of objections wherein, they contended that in a communication dated 05.11.2024 addressed by the secretary of the respondent No.3 to the Commissioner of the Co-operative Election Authority, the respondent No.3 had referred to the documents annexed to the said letter. An annexure to the said letter contains the particulars of 112 individual voters with a brief note about their disqualification. Annexure-2 was a proof of documents showing that notices were issued to the 112 individual voters through registered post and that 14 members referred to therein had filed objections.

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(iii) It is claimed that the election officer had addressed a letter dated 26.12.2024 to the respondent No.3 indicating the names of 14 members who had raised objections to the notice issued by respondent No.3. They were referred to the the Joint Registrar of Co-operative Society (Annexure3B) dated 26.12.2024 and contended that in the said proceedings, the amendment of the bye-laws that a member should do minimum transaction of Rs.50,000/- was declined. Therefore, the required eligibility was attending two general body meetings out of five and to do minimum business of Rs.25,000/- in 2 years in the last 5 years. They contend that the Joint Registrar therefore directed respondent No.3 to include such members in the eligible voters list but did not give the seal of approval to include the names of the petitioners in the eligible voters list.

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(iv) They have also enclosed along with the statement of objections, certain letters addressed by the petitioners to the respondent No.3 and claimed that by these letters the petitioners admitted that the transactions were after the closure of the financial year and therefore, they tacitly admitted that they were not eligible. In short, the proposed respondents contended that the petitioners were ineligible to be included in

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the final list of voters and accordingly, they were shown as ineligible voters and therefore, they were not eligible to contest or vote at the elections to the managing committee of the respondent No.3. As regards the contention of the learned Senior Counsel for the petitioners that the issue is squarely covered by the judgment of a Co-ordinate Bench of this Court in WP. No.1375/2025, they contend that W.A.No.672/2025 is filed. Therefore, they pray that the consideration of this petition be postponed till W.A.No.672/2025 is decided. They have also relied upon the judgment of the Hon'ble Division Bench in Writ Appeal No.100619/2024 wherein, the Hon9ble Division Bench following the judgement of Co-ordinate Benches in Mohammad Beary and Others vs. The State of Karnataka and Others (WP No.29271/2023 and connected matters) and

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Sri.B.Ganganna and others vs. The State of Karnataka

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and Others - ILR 2024 KAR 1901 , held that the dispute regarding the validity of the voters list and the right to vote, should be adjudicated under Section 70 of the Act, 1959.

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The learned Additional Government Advocate also invited the attention of the Court in the judgment of a Coordinate Bench of this Court in H.S.Raju and Others vs.

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State of Karnataka and Others - 2022(4) AKR 775 , where

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the Court after considering the controversy had held that the eligibility or ineligibility of the voters has to be determined in proceedings under Section 70 of the Act, 1959. He also contends that the Division Bench of this Court in W.A.No.100619/2024 had referred to the judgment in H.S.Raju . Therefore, it is sought to be contended that the question whether the petitioners were eligible or ineligible should be relegated to the authorities under Section 70 of the Act, 1959 and this Court should not dwell upon such question and decide the eligibility of the petitioners to contest or cast their votes at the elections.

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I have considered the submissions of the learned Senior Counsel for the petitioners and the learned Senior Counsel proposed respondents as well as the learned Additional Government Advocate and the learned Senior Counsel for respondent Nos.4 to 17.

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It is seen from Annexure3B produced along with the writ petition that the Joint Registrar of Co-operative Societies held proceedings in respect of 112 ineligible members to whom

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notices were issued. The Joint Registrar noticed that 14 members of the 112 ineligible members had attended two meetings and had also done minimum transactions during July 2024 and August 2024. The Joint Registrar therefore held that 14 members whose names were found in the ineligible voters list were wrongly entered. As regards the proposal to amend the bye-laws of the respondent No.3 to increase the minimum transactions to a sum of Rs.50,000/- in the last 2 years, he rejected the amendment. Therefore, he directed the respondent No.3 to continue the names of eligible members by considering the minimum transaction of a sum of Rs.25,000/- in the last 2 years and also after verifying whether Section 20 (2a-iv) of the Act, 1959, was complied or not. Following this, the names of the 14 members were included in the draft list of eligible voters, which is evident from Annexure32. The names of the petitioner Nos.1, 2, 3, 6, 7 and 10 appeared in the draft list of voters. However, in the final voters list, which was published by the Co-operative Election Authority dated 18.02.2025, the names of the petitioners were excluded from the list of eligible voters. However, in the ineligible voters list, there is no clear mention as to how the petitioners were ineligible or disqualified

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to contest or vote at the election. Though the proposed respondents have tried to place on record certain letters addressed by the petitioners to contend that the petitioners had done minimum transactions after the closure of the financial year, the same was not considered by the Election Authority at the time of preparing the ineligible voters list. This Court under Article 226 of the Constitution of India, is therefore handicapped to address and decide the eligibility or ineligibility of the petitioners to vote at the election. The material produced by the proposed respondents is also not sufficient for this Court to categorically arrive at a finding as to whether the petitioners were eligible or ineligible to vote and contest at the elections. The only tangible material is an order passed by the Joint Registrar of Co-operative Societies, which indicates that the petitioner Nos.1, 2, 3, 6, 7 and 10 were eligible to vote at the elections to the managing committee of the respondent No.3. Therefore, as rightly contended by the learned counsel for the respondents, the question whether, the petitioners are eligible or not cannot be gone into in proceedings under Article 226 of the Constitution of India. It is also relevant to note that the questions regarding Constitution of a Co-operative society or

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managing committee of a Co-operative Society, are all questions which lie within the realm of the authorities under Section 70 of the Act, 1959. Though there is considerable force in the contentions of the learned Senior Counsel for the respondents that in similar circumstances, the Division Bench of this Court had directed these questions to be adjudicated before the Registrar under Section 70 of the Act, 1959, we cannot ignore the fact that some of the petitioners were permitted to contest elections and some of them were permitted to cast their votes and the results of the elections were declared. Therefore, it is appropriate to relegate the petitioners before the Registrar under Section 70 of the Act, 1959 with the following directions:

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ORDER

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i. The writ petition is allowed-in-part .

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ii. In view of the interim order granted by this Court permitting some of the petitioners to contest and some of the petitioners to cast their votes in the

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elections, the petitioners may rise appropriate dispute before the concerned authority under

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Section 70 of the Act, 1959. If the authority comes to the conclusion that the inclusion of the names of the petitioners in the list of ineligible voters was not in accordance with Section 20(2)(a-iv) and (a-v) of the Act, 1959, or Rule 13D(2-A) of the Rules, 1960, the returning officer shall declare the results of the election by taking into consideration the nomination filed by some of the petitioners as well as the votes cast by them. This exercise shall be done by the Registrar under Section 70 of the Act, 1959, within a period of three months from the date of receipt of a certified copy of this order. Until then, the results of the elections held on 07.03.2025 shall not be

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announced. It is needless to mention that if the petitioners are found to be ineligible then the nomination filed by them shall stand rejected and the votes cast by them shall stand excluded and the returning officer shall accordingly issue a fresh declaration declaring the results.

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