IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 32076 OF 2025 (CS-EL/M)

BETWEEN:

TUBAGERE VIVIDODESHA PRATHAMIKA GRAMINA KRISHI SAHAKARA SANGHA DODABALAPURA TALUK BENGALURU RURAL DISTRICT REPRESENTED BY ITS DIRECTOR/DELEGATE SRI. ARAVINDA N S/O JALAPPA NARASIMHASWAMY AGED ABOUT 55 YEARS …PETITIONER (BY SRI. DEVIPRASAD SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 Digitally signed by REPRESENTED BY ITS PRINCIPAL SECRETARY PRASHANTH N V Location: High Court of 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY Karnataka 3^RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHI NAGAR BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY

3. DEPUTY COMMISSIONER/DISTRICT ELECTION OFFICER BANGALORE RURAL DISTRICT BENGALURU - 561 205

4. RETURNING OFFICER/ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, TALUKA AGRICULTURE PRODUCE MARKETING COOPERATIVE SOCIETY LTD DODDABALAPURA SUB DIVISION BANGALORE RURAL DISTRICT - 561 203

5. TALUKA AGRICULTURAL PRODUCE MARKETING COOPERATIVE SOCIETY LTD DODDABALAPURA SUB DIVISION BANGALORE RURAL DISTRICT - 561 203 BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, 3, 4 SRI. A. DEVARAJ, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO INCLUDE THE NAME OF THE PETITIONER IN THE ELIGIBLE VOTERS LIST AND PERMIT THE PETITIONER TO CAST THE VOTE IN THE ELECTION TO THE R-5 WHICH IS SCHEDULED TO BE HELD ON

02.11.2025 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

Heard learned counsel for the petitioner and learned Additional Government Advocate for respondents No.1, 3 and

4.

2. The petitioner is seeking issuance of writ in the nature of Mandamus, directing respondents No.2 to 5 to include its name in the eligible voters' list and permit the petitioner to contest and cast vote in the election to respondent No.5 that was scheduled to be held on 02.11.2025 in the interest of justice and equity.

3. Learned Additional Government Advocate submits that, as per the interim order dated 25.10.2025, the petitioner was permitted to cast vote in the election that was held on 02.11.2025 subject to final outcome of the petition. It is also ordered that the petitioner shall not claim any equities in this regard. The petitioner has not raised dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority and therefore, he prays for passing appropriate orders.

4. Learned counsel for the petitioner submits that he has not raised dispute under Section 70 of the KCS Act in view of the urgency in the matter. Now the purpose of the petitioner is served and it was permitted to cast vote in the election and cast votes that was held on 02.11.2025. The petitioner will have the alternative remedy to raise dispute under Section 70 of the KCS Act before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act.

5. Hence, the petition is disposed off, reserving liberty to the petitioner to approach the appropriate authority, raising dispute under Section 70, within ten days from the date of receipt of copy of the order.

In the meantime, the Returning Officer-respondent No.4 is directed to announce the election result without counting the vote already cast by the petitioner.

SD/-

(M G UMA)

JUDGE MKM CT:VS List No.: 2 Sl No.: 27