IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107704 OF 2025 (CS-EL/M)

BETWEEN:

1. N. K. DISTRICT CO-OPERATIVE TAILS MANUFACTURING SOCIETY LTD, KASARGOD, TQ. HONNAVAR, DIST. UTTAR KANNADA – 581 342.

2. VANITHA SAMAJA KAIGARIKA UPADAKARA SAHAKARI SANGH, NI, MURUR TQ. KUMTA, DIST. UTTAR KANNADA – 581 362.

…PETITIONERS (BY SRI. SADANAND M. KENCHARAVAT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, M.S.BUILDING, 6^TH FLOOR, VISHAL BANGALORE – 01.

NINGAPPA PATTIHAL Digitally signed by V PA IS T H T A IH L A N L INGAPPA 2. CO-OPERATIVE ELECTION AUTHORITY, Location: High Court of Karnataka Dharwad Bench D + a 0 t 5 e 3 : 0 2025.12.02 11:53:19 REP. BY ITS COMMISSIONER, 3^RD FLOOR, SHANTI NAGAR, TTMC A BLOCK, SHANTINAGAR, BANGALORE – 560 027.

3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI REGION, BELAGAVI.

4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA KANNADA DISTRICT, KARWAR – 581 301.

5. DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR AND ELECTION OFFICER TO ALL FEDERAL BANKS IN UTTARA KANNADA DISTRICT – 581 301.

6. ASSISTANT COMMISSIONER, SIRSI SUB DIVISION, SIRSI AND RETURNING OFFICER THE KANARA DISTRICT CENTRAL CO OPERATIVE BANK LIMITED, U.K. DISTRICT – 581 401.

7. THE KANARA DISTRICT CENTRAL CO OPERATIVE BANK LIMITED, SIRSI, U.K.DISTRICT, R/BY ITS MANAGING DIRECTOR – 581 401.

…RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1, R3, R4, R5; SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2, R6;

SRI. A.P.HEGDE, ADVOCATE FOR R7))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WITH IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS TO PERMIT THE DELEGATE OF THE PETITIONER SOCIETIES TO CAST THE VOTE IN THE ELECTION TO THE BOARD OF RESPONDENT NO.7 BANK TO BE HELD ON 25.10.2025 WITHOUT REFERENCE TO AS PER CALENDER EVENT DATED 25.09.2025 ANNEXURE-A SECTION 20(2)(A-IV) AND PROVISO TO THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP 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 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 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 after payment by defaulters etc., clear twenty days before the ate of election.

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

The underlining is by this Court.

10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared