THE HIGH COURT OF KARNATAKA
M G UMA, J
SYNDICATE RYATHARA SEVA SAHAKARA SANGHA NIYAMITHA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 34876/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 34876 OF 2025 (CS-EL/M)
BETWEEN:
1. SYNDICATE RYATHARA SEVA SAHAKARA SANGHA NIYAMITHA HAVING ITS REGISTERED OFFICE AT REGD. UNDER PRIMARY AGRICULTURAL CO-OP. SO. ATTIBELE, ANEKAL TALUK, BENGALURU DISTRICT - 562 107, REPT. BY ITS DIRECTOR/DELEGATE SRI. VINEETH A. S/O ANJINAPPA AGED ABOUT 35 YEARS, 2. SERICULTURISTS-CUM-FARMERS SERVICE CO-OPERATIVE SOCIETY LTD.
HAVING ITS REGISTERED OFFICE AT SARJAPURA, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 125 REPT. BY ITS DIRECTOR/DELEGATE SRI. T. PILLAREDDY S/O. THIMMAREDDY AGED ABOUT 54 YEARS, REGD. UNDER PRIMARY AGRICULTURAL CO-OP. SO Digitally signed by PRASHANTH N V Location: Hig h …PETITIONERS Court of Karnataka (BY SRI. D. R. RAVI SHANKAR, SR. ADVOCATE SRI. SARAVANA S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU 560001 REPT. BY ITS PRINCIPAL SECRETARY
2. STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC 'A' BLOCK, SHANTHINAGAR, BENGALURU - 560 027 REPT. BY ITS COMMISSIONER
3. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD.
NO.6, LAKSHMI SADANA, 5TH MAIN, CHAMARAJPET, BENGALURU - 560 018.
REPT. BY ITS CHIEF EXECUTIVE OFFICER
4. THE JOINT REGISTRAR OF CO-OP SOCIETIES BENGALURU DIVISION, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & 4 SRI. NATARAJ BABA .K., ADVOCATE FOR R3 SRI. A. DEVARAJ, ADVOCATE FOR R2 (ABSENT))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASHING THE VOTERS LIST DATED 17.10.2025 OF THE 3RD RESPONDENT BANK, WHEREIN THE PETITIONERS HAVE BEEN DECLARED INELIGIBLE VOTERS AT SL.NOS. 1 AND 2 OF THE ANEKAL CONSTITUENCY (ANNEXURE-E) 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 - Societies have approached this Court seeking issuance of writ in the nature of Certiorari, to quash the voters list dated 17.10.2025 published by respondent No.3 - Bank produced as per Annexure-E, and to issue a writ in the nature of Mandamus, directing respondent No.3 - Bank to include the petitioners in the eligible voters list and to permit them to vote and contest in the election that is scheduled to be held on 07.12.2025.
2. Heard Sri. D.R.Ravishnakar, learned senior advocate for Sri. Saravana S., learned counsel for the petitioners, Sri.Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1 and 4, Sri. A.Devaraju, learned counsel for respondent No.2 and Sri. Nataraj Baba K., learned counsel for respondent No.3. Perused the materials on record.
3. Learned senior advocate for the petitioners contended that, only on the ground that the petitioners have not availed the minimum service as per Bye-law No.4(8)(vi)(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 the petitioners - Societies 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, the petitioners - Societies are having two more years to comply with the requirements and in the meantime, Societies cannot be held to be ineligible either to contest or to vote in the election on such ground.
4. Learned senior advocate further contended that disqualification from voting as provided under Section 17 of KCS Act is entirely different from disqualification from membership under Section 20(2) of KCS Act. He also contended that the said amendment which was brought with effect from 03.02.2016, is referable only
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