IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 36683 OF 2025 (CS-EL/M)

BETWEEN:

1. KODATHI PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA BANGALORE EAST TALUK, BENGALURU-560035.

REPT. BY ITS CHIEF EXECUTIVE REGISTERED CO-OPERATIVE SOCIETY ACT 1959.

DEVIKA, W/O DEVARAJU AGED ABOUT 27 YEARS

2. SRI. SADASHIVA K.S S/O SHANAKARAPPA AGED ABOUT 47 YEARS DELEGATE OF KODATHI PRATHAMIKA KRUSHI PATHINASAHAKARA SANGHA NIYAMITHA, BANGALORE EAST TALUK BENGALURU - 560 035 REG. CO-OP-SOCIETY ACT 1959.

…PETITIONERS Digitally signed (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR by PRASHANTH N V SRI. SARAVANA S., ADVOCATE)

Location: Hig h Court of Karnataka AND:

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

2. STATE CO-OPERATIVE ELECTION AUTHORITY

3^RD FLOOR, TTMC "A" BLOCK, SHANTHINAGAR BENGALURU - 560 027 REPT. BY ITS COMMISSIONER

3. DEPUTY COMMISSIONER/

ELECTION OFFICER BANGALORE DISTRICT KANDHAYAM BHAVAN, BANGALORE - 560 001.

4. RETURNING OFFICER ELECTION BENGALURU DISTRICT CENTRAL CO-OPERATIVE BANK REGISTERED OFFICE AT.NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BENGALURU - 560 018

5. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD.

NO.6, LAKSHMI SADANA, 5^TH MAIN, CHAMARAJPET, BENGALURU - 560 018.

REPT. BY ITS CHIEF EXECUTIVE OFFICER REGISTERED CO-OPERATIVE SOCIETY …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, 3, 4 SRI. A. DEVARAJ, ADVOCATE FOR R2 SRI. NATARAJ BABA .K., ADVOCATE FOR C/R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE VOTERS LIST DATED 17.10.2025 OF THE R5 BANK WHEREIN THE PETITIONERS HAVE BEEN DECLARED INELIGIBLE VOTERS AT SL. NO. 3 OF THE BANGALORE EAST TALUK CONSTITUENCY (ANNX-E) AND DIRECT THE R5 BANK TO INCLUDE THE PETITIONERS IN THE LIST OF ELIGIBLE VOTERS AND PERMIT THEM TO VOTE AND CONTEST IN THE ELECTIONS SCHEDULE ON 07.12.2025 AND ANNX-

C. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari, to set aside the ineligible voters list published by respondent No.5-Bank dated 17.10.2025, produced as per Annexure-E, declaring that the petitioner No.1 - Society is ineligible to vote, and to issue writ of Mandamus directing respondent No.5 to permit petitioner No.1 -Society to contest and vote in the election that is scheduled to be held on 07.12.2025.

2. Heard Sri. D.R.Ravishnakar, learned senior advocate for Sri Sarvana S, learned counsel for the petitioner, Sri.Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1, 3 and 4 and Sri. A Devaraj, learned counsel for respondent No.2, Sri. Nataraj Babu K., learned counsel for caveator - respondent No.5. Perused the materials on record.

3. Learned senior advocate for the petitioners contended that petitioner No.1 - Society is the member of respondent No.5 - DCC Bank and petitioner No.2 is its delegate. He further contended that only on the ground that petitioner No.1 has not availed the minimum service as per Byelaw No.4(8)(4), it has been disqualified from either contesting or voting in the election. While drawing the attention of the Court to Bye-laws produced as per Annexure-F, he contended that the amendment disqualifying petitioner No.1 - Society either to contest or vote in the election was brought with effect from 21.09.2022. Further the Bye-law was approved by the Joint Registrar of Co-operative Societies as per Annexure-F and the amendment came into force with effect from 03.12.2022. Therefore, petitioner No.1 - Society is having two more years to comply with the requirements and in the meantime, the Society cannot be held to be ineligible either to contest or to vote in the election on such ground.

4. Learned senior ad