IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3650 OF 2025 (CS-EL/M)

BETWEEN:

1. SEENAPPA T.C. S/O LATE CHENAPPA AGE- 68 YEARS R/O NO.278, BEML LAUOUT, 8^TH MAIN, THUBARAHALLY, WHITEFIELD POST, BENGALURU-560066. 2. SUNDARA RAJU S/O SHESHA MAHARAJ AGE- 70 YEARS NO.858, 2^ND MAIN, ACES LAYOUT KUNDALAHALLI, BENGALURU-560037.

3. M.C. PUTTEGOWDA S/O NILIGIRICHENNEGOWDA Digitally signed by AGE- 73 YEARS MAHALAKSHMI B M NO.640, 13^TH CROSS, Location: HIGH COURT OF M.C.E.C.H.S. LAYOUT, KARNATAKA DR. SHIVARAKKARANATH NAGAR HEGDENAGAR MAIN ROAD, BENGALURU-560077.

4. POOJAPPA S/O LATE CHENAPPA AGE 69 YEARS CHIKKABANAHALLI, KADAGODI, BENGALURU-560067.

5. SIDDAPPA T.V.

S/O LATE VEERANANJAPPA AGE-73 YEARS NO.19/25, 2^ND MAIN, MARENAHALLI, VIJAYANAGARA, BENGALURU-560040.

6. SANNAKEMPAMMA D/O ARASALHA AGE- 65 YEARS NO.2, GRAMADEVTHE TEMPLE ROAD, ADUGODI, BENGALURU-560030.

7. PUNDARIKAKSHA D.R.

S/O LATE B.R. RANGAPPA AGE- 67 YEARS NO.7. SRIRANGANATHASWAMY NILAYA NAGAPPA ROAD, PALACE GUTTAHALLI BENGALURU-560003.

8. JAGADISH .R S/O LATE R. RANGALAH AGE 68 YEARS, NO.A1, HIGH TECK SUGANDHA GYNANAJOYTHINAGAR ULLAL MAIN ROAD, BENGALURU-560096.

9. ARASKUMAR S/O LATE MUNISWAMAPPA AGE- 65 YEARS R/O. 151, 18^TH MAIN, 18^TH CROSS, M.C. LAYPUT VIJAYANAGAR, BENGALURU-560040.

10. KAILASH KUMAR S/O D.T.V.SHANTAKUMAR AGE- 63 YEARS NO.97/2, SHIVAMMA NILAYA OPPOSITE TO MGA HOSPITAL MARATHAHALLI BENGALURU-560037.

11. JAYANTHI KUMARI W/O P.K. RAVINDRANATH AGE 69 YEARS NO.217, 13^TH A CROSS, YELAHANKA NEW TOWN BANGELURU-560064.

12. NAGARAJA .K S/O LATE D.N. KALACHA AGE 74 YEARS DIRECTOR NO.63/2, 11^TH A CROSS, PARSHI LAYOUT, MALLESHWARAM, BENGALURU-560003.

ALL PETITIONERS ARE DIRECTORS OF:

NGEF EMPLOYEES AND EX-EMPLOYEES HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.215, 1^ST FLOOR, LINK ROAD, SESHADRIPURAM, BENGALURU-560020.

… PETITIONERS (BY SRI DEVI PRASAD SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3^RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY.

3. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/ELECTION OFFICER, NO.1, ALI ASKER ROAD, BENGALURU-560001.

4. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BENGALURU-560001.

5. NGEF EMPLOYEES AND EX-EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.215, 1^ST FLOOR, LINK ROAD, SESHADRIPURAM, BENGALURU-560020 REPRESENTED BY ITS SECRETARY.

(RESPONDENT NO.5 IS REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)

… RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1, R-3 & R-5;

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

SRI P. ANAND, ADVOCATE FOR R-5;

SRI RAMESH CHANDRA, ADVOCATE FOR IMPLEADING APPLICANT ON I.A.NO.1/25)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NOS.2, 3 AND 4 TO HOLD AND CONDUCT THE ELECTIONS TO THE RESPONDENT NO.5 BY APPOINTING THE RETURNING OFFICER FORTHWITH; ISSUE A WRIT IN THE NATURE MANDAMUS TO THE RESPONDENT NO.3 AND 4 TO CONTINUE THE FUNCTIONING OF THE BOARD TILL THE HOLDING OF THE ELECTION TO THE RESPONDENT NO.5 SOCIETY.

THIS WRIT PETITION COMING ON FOR HEARING –

INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners are seeking for a writ of mandamus directing to hold and conduct the elections to respondent No.5 by appointing the Returning Officer.

2. The petitioners are the directors of respondent No.5-Co-Operative Society, registered under the provisions of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short).

3. The case of the petitioners is that the term of the Board of respondent No.5-society expires on 19.02.2025, hence election to the managing committee of respondent No.5 for the period 2025 to 2030 is to be held.

4. Resp