IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.1523 OF 2025 (CS-EL/M)

BETWEEN:

LOKESH B.C. S/O. CHOWDAIAH, AGED ABOUT 45 YEARS, SHARE NO.98/16, R/O. BELUR VILLAGE, KOTHATHI HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 401. ... PETITIONER (BY SRI K.L. SREENIVAS, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 010.

2. THE CO-OPERATIVE ELECTION COMMISSION, 3^RD FLOOR, SHANTHINAGAR TTMC ‘A’ BLOCK, Digitally signed by K.H. ROAD, SHANTINAGAR, MAHALAKSHMI B M BENGALURU-560 027, Location: HIGH REP. BY ITS COMMISSIONER.

COURT OF KARNATAKA

3. THE ELECTION OFFICER AND THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU REGION, MYSURU-570 024.

4. THE RETURNING OFFICER, MANDYA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, MANDYA-571401, AND THE EXECUTIVE OFFICER, TALUK PANCHAYATH, MANDYA-571 401.

5. MANDYA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED, REGISTERED CO-OPERATIVE BANK, MANDYA-571 401, REP. BY ITS MANAGER.

6. CO-OPERATIVE DEVELOPMENT OFFICER, MADDUR TALUK, MANDYA DISTRICT-571 428. ... RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 AND R-4;

SRI T.L. KIRAN KUMAR, ADVOCATE FOR R-2;

SRI B.L. SANJEEV, ADVOCATE FOR R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ELIGIBLE VOTERS LIST OF NON-BORROWERS’ CONSTITUENCY VIDE ANNEXURE-G AND THE ELIGIBLE VOTERS’ LIST OF BORROWERS’ WOMEN RESERVED CONSTITUENCY (CONSTITUENCY NO.4 SOONAGAHALLY) VIDE ANNEXURE-H OF THE R-5 MANDYA TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

Petitioner is seeking for the following prayers:

“Wherefore, the petitioner most humbly prays that this Hon'ble Court be pleased to:

(a) Issue a Writ, order or direction, in the nature of a WRIT OF CERTIORARI, quashing the eligible voters' list of non- borrowers' constituency vide Annexure-G and the eligible voters' list of borrowers' women reserved constituency (Constituency No.4-Soonagahally) vide Annexure-H of the respondent No.5-Mandya Taluk Primary Co- operative Agriculture & Rural Development Bank Limited. the eligible (b) Issue a Writ, order or direction, in the nature of a WRIT OF CERTIORARI, quashing the election notification dt. 10-01-2025 issued by the Returning Officer-fourth respondent vide Annexure-K to conduct election to the board of the fifth respondent- Mandya Taluk Primary Co-operative Agriculture & Rural Development Bank Limited.

(c) Issue a Writ, order or direction, in the nature of a WRIT OF MANDAMUS, directing the respondents No.2 to 4 to conduct the elections to the respondent No.5-Mandya Taluk Primary Co- operative Agriculture & Rural Development Bank Limited, after publishing the electoral roll in strict adherence to Rule 13D(2A) of the Karnataka Co-

operative Societies Rules, 1960.

(d) Pass such other order/s as may be appropriate in favour of the petitioners, in the facts and circumstances of the case, in the interest of justice and equity.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. Taking to the annexures annexed to the writ petition, learned counsel for the petitioner submits that respondent Nos.3-Election Officer, respondent No.4- Returning Officer and respondent No.6-Co-Operative Development Officer without following the procedures as envisaged under the Karnataka Co-Operative Societies Act, 1959 (‘the KCS Act, 1959’ for short) and Karnataka Co- Operative Societies Rules, 1960 (‘the Rules, 1960’ for short), are conducting the election of respondent No.5-society. The grievance of the petitioner is that the Election Authority failed to carry out its obligation as mandated under Section 39A of the KCS Act, 1959