THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SHRI UDAY S/O. TUALASIDAS BANDEKAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 100293/2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100293 OF 2025 (CS-EL/M)
BETWEEN:
SHRI UDAY S/O. TUALASIDAS BANDEKAR, AGE. 50 YEARS, OCC. PRESIDENT, R/O. 403, HINDUWADA MALLAPUR, KARWAR-581400 TQ. KARWAR, DIST. UTTAR KANNADA …PETITIONER (BY SRI. A. S. PATIL, AND SRI. SUHAS K. HOSAMANI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560001.
VISHAL 2. THE PRIMARY CO-OPERATIVE NINGAPPA PATTIHAL AGRICULTURAL AND RURAL DEVELOPMENT D N i I g N it G a A l P y P s A ig P ne A d T T b I y H V A I L SHAL BANK EMPLOYEES COMMON CADRE COMMITTEE, Location: High Court of Karnataka Dharwad Bench D + a 0 t 5 e 3 : 0 2025.11.07 11:53:38 ALUR VENKATRAO ROAD, CHARMARAJ PET, BENGALURU-560018.
REPRESENTED BY ITS MEMBER SECRETARY.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, NO, 1, ALI-ASKAR ROAD BANGALORE-560052.
4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (JRCS) BELAGAVI REGION, SAHAKAR BHAVAN, GOA VASE, BELAGAVI-590001.
5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SARASWATI SADAN, 2ND FLOOR, HABBUWADA, KARWAR, PIN-581301, DIST: UTTAR KANNADA.
6. THE CO-OPERATIVE ELECTION AUTHORITY, REPRESENTED BY ITS SECRETARY, 3RD FLOOR, SHANINAGARA, T.T.M.C ‘A’ BLOCK, SHANTINAGARA BANGALORE-560027
7. THE KARWAR TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT (PCARD) BANK LTD., KARWAR-581400, TQ: KARWAR, DIST: UTTAR KANNADA.
REPRESENTED BY ITS MANAGER /
CHIEF EXECUTIVE OFFICER, 8. SHRI. PRADEEP J. SAGAR, SALES OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARWAR /
THE RETURNING OFFICER, THE KARWAR TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT (PCARD) BANK LTD., KARWAR-581400, TQ: KARWAR, DIST: UTTAR KANNADA.
…RESPONDENTS (BY SRI.RAMEHS CHIGARI, ADVOCATE R1, R3 TO R5;
R2 AND R8 ARE SERVED;
NOTICE TO R6 AND R7 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO:
(A) ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 07.01.2025 PASSED BY THE RESPONDENT NO.4 IN NO.GRL/A/EXRO/SACHU/CR-148/2024-25 AS PER ANNEXURE-M.
(B) ISSUE WRIT IN THE NATURE OF MANDAMUS TO DIRECTING THE RESPONDENTS NO.2 TO 5 TO ACCEPT AND APPROVE THE FINAL VOTERS LIST FURNISHED AS PER ANNEXURE-K RESPECTIVELY AND FURTHER TO PERMIT THE PETITIONERS AND RESPONDENT NO.7 BANK TO HOLD THE ELECTIONS ON ANY OTHER SUITABLE DATE BY DIRECTING THE RESPONDENT NO.8 TO INITIATE THE APPROPRIATE PROCESS OF HOLDING THE ELECTIONS TO THE RESPONDENT NO.7 BANK.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows:
“8. In the light of these rival submissions, the question for consideration is:
Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.
9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder:
(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:-
(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;
(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;
(c) the scrutiny and verification of the voters list af
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