IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107450 OF 2025 (CS-EL/M)

BETWEEN:

MANJUNATH S/O. PATREPPA GODI AGE: 34 YEARS, OCC: AGRICULTURE, R/O. NEAR BUS STAND, CHANNAL-VANTIGODI, TALUK MUDHOL, DIST: BAGALKOT-587313.

…PETITIONER (BY SRI. KULKARNI DINESH MARTAND, AND SRI. PAVAN B. DODDATTI, ADVOCATES)

AND:

1. STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUIDLING, 6^TH FLOOR, BENGALURU-560001.

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES Digitally signed by GOVERNMENT OF KARNATAKA, VISHAL NINGAPPA NO.1, ALI-ASKAR ROAD, PATTIHAL Location: Hig h BENGALURU-560052.

Court of Karnataka, Dharwad Bench, Dharwad 3. CO-OPERATIVE ELECTION AUTHORITY REPTD BY ITS SECRETARY, 3^RD FLOOR, SHANTINAGAR, TTMC, 'A' BLOCK, SHANTINAGAR, BENGALURU-560027.

4. DISTRICT CO-OPERATIVE ELECTION OFFICER, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, BAGALKOT-587101.

5. RETURNING OFFICER AND CO-OPERATIVE DEVELOPMENT OFFICER PRATHAMIK KRUSHI PATTINA SAHAKARI SANGHA NIYAMITA, CHANNAL, TALUK MUDHOL, DIST BAGALKOT-587313.

6. PRATHAMIK KRUSHI PATTINA SAHAKARI SANGHA NIYAMITA, CHANNAL REPTD. BY ITS CHIEF EXECUTIVE OFFICER CHANNAL, TALUK MUDHOL DIST BAGALKOT-587313.

…RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 AND R2;

SRI. G.V. BHARMAGOUDAR, ADVOCATE FOR R3 TO R5;

NOTICE TO R1 AN R2 IS HELD SUFFICIENT VIDE ORER DATED 03.11.2025)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:

A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 02.04.2024 ISSUED BY THE 6TH RESPONDENT VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

B) ISSUE A WRIT OF APPROPRIATE NATURE TO MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL ELIGIBLE NON-BORROWERS VOTER LIST AND TO PERMIT THE PETITIONER TO CONTEST AND CAST THE VOTE IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT TO THE 6TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 19.10.2025 AS PER THE CALENDAR OF EVENTS DATED 29.09.2025 PUBLISHED BY THE 5TH RESPONDENT VIDE ANNEXURE-J BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

C) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE

5TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 6TH RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW.

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. The petitioner is before this Court seeking the following prayer:

A) Issue a writ in the nature of certiorari quashing the impugned notice dated 02.04.2024 issued by the 6th Respondent vide Annexure-D by allowing this Writ Petition, in the interest of justice and equity.

B) Issue a writ of appropriate nature to mandamus directing the Respondents to include the name of the Petitioner in the final eligible non-borrowers voter list and to permit the Petitioner to contest and cast the vote in the election to the committee of management to the 6^th Respondent society schedule to be held on 19.10.2025 as per the calendar of events dated 29.09.2025 published by the 5^th Respondent vide annexure-J by allowing this Writ Petition in the interest of justice and equity.

C) Issue a writ in the nature of mandamus directing the 5^th Respondent to declare the election results of the 6^th Respondent society after completion of the election process in accordance with law.

4. In the light of the Judgment rendered by a Co-ordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7^th 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