The court held that electoral participation must be facilitated within legal timelines, ensuring those eligible to vote are included in electoral processes, reflecting a commitment to democratic principles.

ORDER :

1. The Petitioner in W.P.No.14457/2025 is before this Court seeking for the following reliefs:

a. Issue a writ of mandamus directing the R3 and R4 to accept the delegation form of petitioner society and permit the petitioner society to cast his vote in the election scheduled to be held on 28.05.2025 to the respondent No.5 DCC Bank.

b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.

2. The Petitioner in W.P.No.14472/2025 is before this Court seeking for the following reliefs:

a. Issue a writ of mandamus directing the R3 and R4 to accept the delegation form of petitioner society and permit the petitioner society to cast his vote in the election scheduled to be held on 28.05.2025 to the respondent No.5 DCC Bank.

b. Such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.

3. Facts in WP No.14457 of 2025:

3.1. The last elections to the post of Directors of the Petitioner were held on 09.07.2020 and to the posts of President and Vice President on 20.07.2020.

3.2. On 31.08.2020 certain disputes were filed by some members to set aside the elections, which was considered. On 31.01.2025, Respondent No.1 had passed an order setting aside the election to the Petitioner-Society held on 09.07.2020 as also the election of the Office Bearers held on 20.07.2020. This was challenged by the Directors of the Petitioner-Society before the Karnataka Appellate Tribunal in Appeal No.103/2025.

3.3. An interlocutory application for stay of the order dated 31.01.2025 having been filed and the Karnataka Appellate Tribunal vide its order dated 09.05.2025, stayed the said order.

3.4. In pursuance thereof, an emergent meeting of the Board of Directors was held on 12.05.2025, the Vice President was unanimously selected as a delegate to represent the Society to vote on behalf of the Petitioner-Society in the elections to the 5^th Respondent-Federal Bank, which was scheduled on 28.05.2025.

3.5. The delegation having been conveyed and a representation was also submitted to the Deputy Commissioner to accept the delegation on behalf of the Petitioner-Society. Despite this, the same was not accepted, no action having been taken, and the Petitioner-Society or the name of the delegate was not included in the voters' list. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs.

4. Facts in WP No.14472 of 2025:

4.1. The facts in this matter are more or less similar to the facts in W.P.No.14457/2025, except that the dates are slightly different.

4.2. The election to the post of Directors in this matter was held on 09.07.2020, and the election to the posts of President and Vice President was held on 20.07.2020.

4.3. A dispute by some of the members was raised on 31.08.2020 as regards the elections. Respondent No.1 had, on 31.01.2025, passed an order setting aside the elections of the Directors held on 09.07.2020 and that of the Office Bearer’s held on 20.07.2020, which came to be challenged in Appeal No.98/2025 filed before the Karnataka Appellate Tribunal, who had on 02.05.2025 dismissed the interlocutory application for stay filed by the Petitioner, which was challenged by the Petitioner in W.P.No.13992/2025 before a Co- ordinate Bench of this Court and this Court vide order dated 08.05.2025, had stayed the order dated 31.01.2025 passed by the Assistant Registrar of Co-operative Societies (hereinafter referred to as ‘ARCS’ for short).

4.4. In pursuance thereof, an emergent meeting was held by all the Board of Directors, a resolution was passed, and the President was unanimously selected as a delegate to represent the Society in the elections to the 5^th Respondent, which was scheduled on 28.05.2025.

4.5. A representation was also submitted to the Deputy Commissioner on 12.05.2025 to permit the delegate to vote at the said elections, when the same was not considered. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs.

5. In both matters, this Court ha