The court reaffirmed that administrative actions must adhere to proper legal procedures and that arbitrary withdrawal of electoral notifications without just cause constitutes legal malice, disrupting established electoral processes.

ORDER :

M.G.UMA, J.

The petitioners have approached this Court seeking issuance of writ in the nature of certiorari to quash the orders dated 24.08.2025 and 26.08.2025 passed by respondent No.3- the Deputy Commissioner and District Election Officer, produced as per Annexures-A and B in Writ Petition No.27667 of 2025 and produced as per Annexures-G and H in Writ Petition No.26439 of 2025 and to direct respondents No.3 and 4 to complete the process of elections to respondent No.5 by re-scheduling the date.

2. Brief facts of the case are that, petitioner No.1 is a Co-operative Society registered under Karnataka Co-operative Societies Act (for short 'the KCS Act') and petitioner No.2 is the Director of petitioner No.1 - Society and also the delegate to respondent No.5 - District Central Co-operative Bank Ltd., (for short 'the DCC Bank') in Writ Petition No.27667 of 2025. Petitioners in Writ Petition No.26439 of 2025 are the Primary Agricultural Credit Co-operative Societies and its members who were elected to respondent No.5 - DCC Bank.

3. It is contended that, the term of office of the Board of respondent No.5 would expire on 29.09.2025. Thereby, the term of petitioners would come to an end. Respondent No.5 passed a Resolution produced in these writ petitions as per Annexures-B and K respectively, dated 03.02.2025 requesting respondent No.2 to make preparations for the purpose of holding election. Annexures-B/K was communicated to respondent No.2 as per Annexures-B1/L on 15.02.2025. Annexures-B2/M dated 20.02.2025 was issued by respondent No.5 as required under Section 13 (D) (2-A)(iv) of KCS Act. Pursuant to the same, the Returning Officer was appointed as per Annexures-C/N dated 23.07.2025, as earlier Returning Officer was transferred. Annexures-D/O dated 30.06.2025 was issued by respondent No.3 under Rule 14(1) of the KCS Rules, publishing the calendar of events scheduling the election that is to be held on 13.09.2025. Thereby, the preparations for finalizing eligible and ineligible voters list were undertaken. Respondent No.3 also issued the Notification dated 30.06.2025 as per Annexure-E in Writ Petition No.26439 of 2025 appointing Verifying Officer and Supervisor. As per this Notification, the draft voters list is to be published within 25.07.2025. The objections were to be submitted before 14.08.2025, the scrutiny of voters list will be on 24.08.2025 and the final voters list will be published on 29.08.2025 i.e. 15 days prior to the date scheduled to hold election. Annexures-F/Q respectively dated 30.06.2025 was also issued by respondent No.3 appointing the Nodal Officer for the purpose of holding election. It is at this stage, respondent No.3 issued the order dated 24.08.2025 produced as per Annexures - A/G, directing respondent No.5 to include the Primary Agriculture Credit Co- operative Society Ltd., (PACCS) Antharagatte, Kadur Taluk by holding election for the Board in accordance with law and to include them in the eligible voters list for respondent No.5. The proceedings of respondent No.3 is dated 26.08.2025 as per Annexures-B/H referring to two objections received i.e., one from the President, Yagati Milk Producers Co-operative Society Ltd. Kadur Taluk and the second one by respondent No.6 - S H Kantharaju - Ex-Director, Antharagatte PA