The court underscored that proper notice is mandatory for electoral eligibility, reinforcing that democratic processes must be transparent and participatory.

ORDER :

M.NAGAPRASANNA, J.

Petitioners are before this Court seeking the following prayers.

IN W.P. NO.107365/2024

ii) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to conduct election of the 1st respondent Bank in after following due process of law in the interest of justice and equity.

IN W.P. No.107595/2024

i) Issue a writ of certiorari by quashing the endorsement issued by the 3^rd respondent vide Annexure-D dtd. 12/12/2024.

ii) Issue a writ of mandamus directing the Returning officer to not to act upon the nomination given by the 5^th respondent, and not to allow her to contest in the election which are going to be held on 15/12/2024.”

2. Going to the prayer sought by the petitioners, this Court had granted an interim order in each of these cases which read as follows:

“In W.P. No.107365/2024:

1. Learned AGA takes notice for respondents 4 and 6.

2. Learned counsel Sri. G. V. Bharamagoudar takes notice for respondent No.3.

3. Issue emergent notice to respondents 1 and 2 showing the returnable dated as 15.12.2024.

4. Requisite process fee in three days.

5. The learned counsel for the petitioners submits that out of a total number of 79 members, 74 members have been shown as ineligible (as is forthcoming from Annexure-D to the writ petition). It is further stated that the said Annexure-D discloses that the eligible members are only five in number.

6. It is the contention of the learned counsel for the petitioners that no notices have been issued to the petitioners as contemplated under Rule 13-D(2-A) of the KARNATAKA CO-OPERATIVE SOCIETIES RULES , 1960 and hence, the learned counsel for the petitioners seeks for grant of interim relief.

7. Learned counsel for the petitioners further relies on the judgment of a Co-ordinate Bench of this Court in the case of J. Sudhakar S/o. J.V.Rao and others v. The state of Karnataka and others as well as the judgment rendered by another Co-ordinate Bench of this Court in the case of Smt. Jayamma W/o. Ramaiah and others v. The State of Karnataka and others.

8. Having regard to the submission made by the learned counsel for petitioners it is clear that, prima facie, subject to the records that shall be made available after appearance of the respondents, the election process that is being undertaken to respondent No.2-Society pursuant to the calendar of events (Annexure-B to the writ petition) would not be a fair one and will be contrary to the democratic norms in the event the petitioners are not permitted to participate in the election. Hence, the petitioners have made out exceptional circumstances for grant of interim relief in terms of the law laid down by this Court in the case of Sri B. Ganganna and Others vs. The State of Karnataka, Department of Co-operation and Others.

9. In view of the aforementioned, the following:

ORDER

i) The petitioners are permitted to cast their votes in the election scheduled to be held on 15.12.2024 to the respondent Nos.1 and 2-Society in terms of the calendar of events (Annexure-B to the writ petition).

ii) The votes cast by the petitioners shall be kept in a separate ballet box.

iii) The results of the election pursuant to the calendar of events (Annexure-B) shall not be announced without the leave of this Court.

iv) A direction is issued to respondent Nos.1 and 2- Society to place the relevant records demonstrating compliance of Rule 13-D(2-A) of the 1960 Rules undertaken at the time of commencement of election process.

v) Re-list on 16.12.2024.”

In W.P. No.107595/2024:

Learned AGA takes notice for respondent Nos.1, 2, and 3.

2. Issue emergent notice to respondent Nos.4 and 5.

3. Requisite process fee to be furnished within three days.

4. Learned counsel the petitioners seeks for grant of interim relief and submits that respondent No.5 was respondent No.2 in the WP No.107365/2024 and this Cour