Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.

ORDER :

M. NAGAPRASANNA, J.

W.P.No.104391 of 2025 is preferred by the President of Dharwad Gadag and Uttara Kannada District Milk Producer Co-operative Union Ltd., Dharwad (‘Union’ for short). The companion petition W.P.No.108123 of 2025 is preferred by the Shivalli Milk Proucer Cooperative Society, Shivalli (‘Society’ for short) and the 2^nd petitioner being the petitioner in the companion petition W.P.No.104391 of 2025. Since W.P.No. 108123 of 2025 is an offshoot of W.P.No.104391 of 2025, the two are taken up together and considered by this common order.

2. Heard Sri Jayakumar S Patil, learned senior counsel appearing for petitioners; Sri Gangadhar J.M, Additional Advocate General appearing for respondents 1 and 2; Sri A D Kulkarni and Sri I Y Patil, learned counsels appearing for the Union, and Sri Rajashekhar Burji, learned counsel appearing for the impleading applicants, in both the petitions.

3. The first of the writ petition to be filed was W.P.No.104391 of 2025. The prayer in the petition was seeking quashment of an order dated 03-07-2025 to appoint a returning officer for election to the post of President of the 4^th respondent and to the post of Director of Alnawar, Dharwad, Navalgund and Annigeri Taluk Constituency. Therefore, the challenge is to the proposal to appoint a Returning Officer for conduct of an election.

4. Brief Facts in both the writ petitions are as follows:

4.1. The 4^th respondent in W.P.No.104391 of 2025, is a Federal Society established in the year 1984-85. The petitioner in the said writ petition is elected as Director of Alnawar, Dharwad, Navalgund and Annigeri Taluk in an election conducted on 30-06-2024. The petitioner is then elected as the President of the Union on 12-07-2024. During the subsistence of the term of the petitioner, the 3^rd respondent appointed the Returning Officer for conduct of elections. Draft eligible electoral list and ineligible electroral list was notified on 08-10-2024. The calendar of events is issued by the Returning Officer on 15-05-25 of the Shivalli Milk Proucer Cooperative Society. The Jonit Registrar Cooperative Societies stayed the caledar of events in terms of his order dated 26-05-2025. This action is challenged before this Court in W.P.103377 of 2025 by the Society. The said writ petition is said to be pending adjudication. The Deputy Registrar of Cooperative Societies, in terms of his order dated 28-05-2025, stayed the order of the Joint Registrar of Cooperative Societies staying the calendar of events, on the score that it was without jurisdiction.

4.2. A representation comes to be submitted to the 2^nd respondent by the petitioner contending that W.P.No.103377 of 2025 is pending consideration, therefore, the election should not proceeded further. The impugned order is passed rejecting the said representation of the petitioner and sought to proceed with the elections. Pursuant to the rejection, the Deputy Commissioner is said to have corresponded with the Commissioner of the Cooperative Election Authority and appointed a Returning Officer to conduct election to the post of President and Vice-President of the respondent Union and the post of Director of Alnavar, Dharwad, Navalgund and Annigeri. It is at that time, the subject petition W.P.104391 of 2025 is preferred. The coordinate bench of this Court, in terms of an order dated 07-07-25 granted an interm order of stay of all further proceedings pursuant to the impugned correspondence da